Last Updated: February 26, 2016
Thank you for using kitchenlister!
Please read these Terms of Use ("Terms") carefully before using the www.kitchenlister.com website and all associated products and services (collectively referred to as the "Service"). The Service is operated by Kitchenlister LLC ("Kitchenlister", "us", "we", or "our") and is provided to its users for informational purposes only.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and our Privacy Policy. These Terms apply to all visitors, users and others who access, use or otherwise view the Service. By accessing or using the Service, you accept and agree to be bound by these Terms and by our Privacy Policy.
Kitchenlister reserves the right to change these Terms at any time without notice.
ANY PARTICIPATION IN THE SERVICE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DISAGREE WITH THE TERMS OR ANY PART OF THE TERMS, THEN YOU MAY NOT ACCESS THE WEBSITE OR ANY ASSOCIATED PRODUCTS AND SERVICES.
You must be at least 13 years of age to use the Service.
Kitchenlister grants you a limited, nonexclusive, nontransferable license to access and use the Service. In accessing the Service, you agree not to: (1) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Service for any purpose or in any manner other than as intended, (2) attempt to remove from the website, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software, and (3) sell, rent, lease, sub-license, or otherwise transfer, your right to use all or any part of our Service or any content contained within our Service.
You agree to refrain from using any device, software, or routine that causes, or may potentially cause, damage to the Service; or use the Service in any way that interferes or attempts to impair the availability or accessibility of the Service. You further agree to refrain from any actions that could impose an unreasonable or disproportionately large burden on the Service infrastructure, including but not limited to conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Service.
You must not use the Service in any way, or in connection with any activity or purpose, that is unlawful, illegal, fraudulent or harmful, including but not limited to copying, storing, hosting, transmitting, sending, using, publishing or distributing any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You may use our Service only in compliance with these Terms and all applicable laws. As a user of our Service, you may establish one account ("Account") per user. When you create an Account, you must provide us with accurate and complete information. You agree to keep your Account password confidential and access only those parts of the Service that have been authorized for your personal use. You are required to refrain from using any third-party username or password. By creating an account, you are automatically opting-in to our marketing email list. You have the option to be removed from all future marketing emails after your account is created.
Certain account users are allowed to submit information to this Service ("User Content"). User Content you create will not be viewable or otherwise accessible by other users. Kitchenlister reserves the right to edit or remove any User Content submitted to the Service, or stored on our servers. If you remove User Content from our Service, we may retain your User Content for backup, archival, or audit purposes.
If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction and without any credit or compensation to you.
You must first obtain written permission from us to use our Service for commercial purposes.
We may terminate or suspend access to our Service at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. We reserve the right to terminate or deactivate free accounts at any time without notice. Paid accounts that have not been renewed and prepaid by the expiration date indicated in the account settings will be deactivated. Kitchenlister reserves the right to terminate deactivated accounts at any time without notice. Following termination or deactivation of your account, we may retain your User Content for backup, archival, or audit purposes.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Service contains links to thirdÂ-party websites that are not owned or controlled by Kitchenlister.
We have no control over, and assume no responsibility for, the content, privacy policies, practices, or reliability of any third-party websites or services. Furthermore, we do not endorse, expressly or otherwise, the views or content expressed on the websites to which we provide links. You acknowledge and agree that you are accessing third-party websites at your own risk and Kitchenlister shall have no liability arising from your use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any thirdÂ-party web sites or services that you visit.
Kitchenlister is not associated with any third parties to whom we provide links and does not receive compensation of any kind for third-party links or endorsements of other products, services, or websites.
You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on your Account. Kitchenlister cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. You agree to immediately notify us if your account has been compromised or you are aware of unauthorized use of your account. Kitchenlister shall not be responsible for any losses resulting from a security breach of your Account.
You are advised against entering any personally identifiable information into your Account beyond that required for Account creation, renewal and upgrades.
You agree to pay for all products available through the Service as required at the time of purchase, and that Kitchenlister may charge your payment method for any products purchased and for any additional amounts (including any taxes, as applicable).
Your total price will include the price of the product plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you make the purchase.
Any refunds must be requested in writing in accordance with our Refund Policy.
Prices for products offered via the Service may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
If the Service becomes unavailable immediately following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of the Service thereafter, your exclusive and sole remedy is a refund in accordance with our Refund Policy.
These Terms shall be governed and construed in accordance with the laws of The United States of America and the laws of The State of Washington, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions. Furthermore, a waiver of any part of the Terms shall not be deemed a further or continuing waver of any such part or any other part of the Terms.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kitchenlister, and supersede and replace any prior agreements regarding the Service.
Kitchenlister LLC is controlled and operated from the United States. We make no representations or warranties that our Service is appropriate or available for use in any other location.
The contents of the Service are copyrighted by Kitchenlister LLC with all rights reserved to the extent permissible by law and shall not be reproduced, duplicated, copied, distributed, or republished in print or digitally without expressed written permission.
In accordance with the Digital Millennium Copyright Act (DMCA), Kitchenlister respects the rights of copyright owners and will respond to claims of copyright infringement in a timely manner. To submit a DMCA notice, please contact us in writing at kitchenlister@gmail.com with the following information: (1) the name and contact information of the copyright owner, (2) a detailed description of the copyrighted work, including a URL where the work exists if available, (3) sufficient information to locate the material you claim is being infringed on, and (4) a statement that the information included in the DMCA notice is accurate, that the disputed use is not authorized, and that you are the copyright owner or are otherwise authorized to act on the owner's behalf.
This Service and its components are provided on an "as is" basis for informational purposes only and without any representations or warranties, expressed or implied. Kitchenlister shall not be responsible or liable for the accuracy, completeness, usefulness, suitability or availability of any information, text, graphics, links, or attached documents transmitted or made available via the Service, and shall not be responsible or liable for any errors or omissions in that information. Specifically, Kitchenlister does not warrant that: (1) the Service will be available at all times, or available at all; or (2) the information contained in the Service is complete, true, accurate or non-misleading. Nothing provided on or made available via the Service constitutes, or is meant to constitute, advice of any kind. The owners of Kitchenlister are not qualified professionals, and are simply aggregating information found online for informational purposes only. Kitchenlister also takes no responsibility and assumes no liability for any User Content transmitted via the Service and does not endorse any statements made by third parties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITCHENLISTER LLC SHALL NOT BE LIABLE FOR (1) ANY DIRECT LOSS, TO THE EXTENT THE SERVICE IS PROVIDED FREE OF CHARGE, (2) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, (3) ANY LOSS OF PROFITS OR REVENUES, OR OTHER BUSINESS LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR (4) ANY LOSS OF INFORMATION, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THESE LIMITATIONS OF LIABILITY APPLY EVEN IF KITCHENLISTER HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS. BY USING THIS SITE, YOU HEREBY FORFEIT ANY AND ALL CLAIMS, PAST, PRESENT, AND FUTURE, AGAINST THE OWNERS OF KITCHENLISTER LLC. IN NO EVENT SHALL KITCHENLISTER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED 100% OF THE PRICE PAID FOR THE SERVICE.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version will be posted on our website. If a revision is material, we will notify you. What constitutes a material change will be determined at our sole discretion. We reserve the right to determine the means of providing notification. By continuing to access or use our Service, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at kitchenlister@gmail.com.