Terms and conditions
Introduction
As someone who has navigated various websites, I understand the importance of Terms of Use. When I first visited kitchenstime.com, the site owned by Shack J, LLC (the Company), it was crucial to understand the terms and conditions of use. These rules are not just formalities; they are essential for both visitors and users, including customers like myself, to ensure we have read, understood, and are bound by them. Especially since users need to be 15 years old or of legal age in their jurisdiction to form a legally binding contract. It’s like entering a new kitchen; you need to know the tools and rules before you start cooking! The Site makes it clear that any modifications to these terms will be posted with notice and become effective upon continued use, signalling part of our acceptance of these changes. You can read more about this at kitchenstime.com/terms-of-use.
Privacy Policy
When I first decided to visit kitchenstime.com, it was imperative to review their Privacy Policy at kitchenstime.com/privacy-policy. By using the Site, we agree and are bound to these terms, which are incorporated by reference into the Agreement. I was advised that the Site is hosted in the United States. However, access from my region or any other world part means the laws and requirements governing personal data collection, use, and disclosure might differ from the applicable laws in the US. Therefore, continued use implies transferring and being processed under these terms.
User Representations
As a frequent visitor to the Site, I represent and warrant that I have the legal capacity to agree and comply with this Agreement. It means that I shouldn’t copy materials, reverse engineer, break, or use the products and services in any violation of the law. My access must be through automated or non-human means, like a bot or script, for any illegal or unauthorized purpose. Also, any information provided should not be untrue, inaccurate, current, or incomplete, as it gives the Company the right to suspend or terminate my account or refuse future use of any portion of the Site.
Ownership
Understanding that the Site is the property of the Company and its content suppliers, governed by copyright, patent, trademark, and other proprietary laws, is essential. They own and retain all proprietary rights to their trademarks, copyrights, and any content not in the public domain. As a user, I am not authorized to reproduce, transmit, modify, create derivative works, republish, sell, or exploit any of the Site’s proprietary information. Any copying, redistribution, use, or publication of any part of the Site’s content is prohibited unless expressly permitted in the Agreement. By posting information on the Website, we do not acquire any ownership rights or interest, but merely grant the Company permission to use it.
Trademarks
The names KITCHENSTIME and KITCHENSTIME.COM are registered trademarks of the Company.
Hyperlinking
Hyperlinking to the Site or having it hyperlinked to other websites not maintained or related to the Company is an interesting aspect. These Hyperlinks are a service but are not sponsored, endorsed, or affiliated with the Site or the Company. Despite having reviewed every page on these sites, the Company is not responsible for the content or the consequences of linking to these sites. Any links to a web page should be accessed at our own risk, as the Company makes no representations or warranties about the content, completeness, quality, or accuracy of any website. They are not liable for any loss, damage, cost, or injury that may arise from such access to the Site.
Social Media Services
Using Social Media Services to log into the Site or integrate with online, third-party services means the information I provide or is provided will be used, stored, and disclosed according to the Privacy Policy. The manner in which this is governed is up to the third parties, not the Company. Hence, the Company bears no liability or responsibility for any actions taken by these third parties.
Intended Audience
This website is clearly intended for adults only and not for children under the age of 18.
Non-Reliance
The Opinions, advice, statements, and comments on the Site should not be relied upon or construed as professional advice. The Site and the Company do not guarantee the accuracy or completeness of the information provided. They are not responsible for any loss due to reliance on this information.
Responsibility for Use of Site
I understand and agree that I am solely responsible for my actions and decisions to meet, connect, or use the online services of the Site. The Company does not perform psychological testing or background checks on individuals using the Site. Therefore, it’s vital to take reasonable precautions when meeting others, exchanging email, or giving out personal information, preferably in a public place.
Indemnification
I agree to indemnify, defend, and hold harmless the Company, its partners, employees, affiliates, agents, licensors, and service providers from any suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorney’s fees, due to my use of the Site or violation of this Agreement.
Disclaimer
The information on the site is provided “as is” and “as available” for educational and informational purposes. The Company does not warrant the accuracy, completeness, or usefulness of the information, and any reliance on it is at our own risk. Accessing the content and any subsequent actions or materials is up to the user, as the Company disclaims all warranties of any kind, whether express, statutory, or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. In some jurisdictions, limitations or remedy for use might differ, in which case the discontinued of using the site is the additional right.
Limitation of Liability
The Company is not liable or responsible for any direct, indirect, incidental, consequential, damages, loss of business, lost profits, litigation, and the like, whether based on special, exemplary, punitive, or other legal theories, arising from or relating to the site, its use, or content. Users are advised of the possibility of such damages and that their sole remedy for dissatisfaction is to discontinue using the site. Additional rights under consumer laws or exclusion of implied warranties or limitations may apply if the agreement does not conflict.
Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been violated on the Site, you should send a notice under the Digital Millennium Copyright Act of 1998. This notice should include your electronic or physical signature, a description of the copyrighted work, the location of the infringing material, your address, telephone number, e-mail, a statement of good faith belief that the disputed use is not authorized by the copyright owner, their agent, or the law, and a statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf.
Right to Monitor
The Company reserves the right to monitor the Site but is not obligated to do so. Any materials posted in the public area may be removed if deemed offensive by the staff. However, it’s important to note that users are solely responsible for the use of information contained on the Site.
Feedback, Comments, and Testimonials
By giving feedback, emails, submissions, or surveys, I agree and give the Company the right to use these for marketing and promoting their services.
Use of Information
The information I use on the Site is subject to the Company’s rights to authorize, assign, or use it in a manner consistent with their privacy policy.
No Warranties
The Site and the Company offer services “as is” and “as available” without any warranty, express or implied. There is no guarantee that the services provided will be available, uninterrupted, or error-free, or that defects will be corrected.
Jurisdiction and Applicable Law
By using the Site, I agree that the laws of the state of Colorado, without regard to its conflicts of provisions, govern this Agreement and any dispute that might arise between me and the Company.
Dispute Resolution
Any dispute must go through informal negotiations before binding arbitration. This excludes court and jury trials. The Commercial Arbitration Rules of the American Arbitration Association (AAA) and Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules) at adr.org will guide the process, including arbitration fees, arbitrator compensation, and submission of documents. Decisions will be made via phone, online, and will include a statement of reasons based on applicable law. Any award will be enforceable in Douglas County, Colorado, and is the sole remedy outside a lawsuit or class action lawsuit.
Severability
If any provision of this Agreement is adjudged by a court of competent jurisdiction to be unenforceable or invalid, it shall be limited or eliminated to the minimum extent necessary so that the Agreement remains in full force and effect.
Entire Agreement
The Terms of Use constitute the entire agreement between me and the Company regarding the terms and conditions of use of the Site. This agreement supersedes all prior and contemporaneous communications, proposals, both electronic, oral, and written. However, it’s subject to additional terms, conditions, posted policies, the Privacy Policy, guidelines, and rules. I should visit and review these periodically to determine any changes, as continued use signifies and confirms my acceptance of any amendments.
Waiver
In my years of navigating various agreements, I’ve learned the importance of the waiver provision. This part is vital; it’s where the company explicitly states that failing to exercise or enforce any right or provision of the Agreement doesn’t constitute a waiver of such right or provision. Unless stated in writing and signed by an authorized representative, no waiver shall be considered valid. This protects both parties, ensuring no implicit waiver of rights just because one instance slipped by.
Termination
Moving to termination, this aspect is straightforward yet crucial. The Agreement allows the company to terminate the relationship at any time, without any prior notice or reason. This clause, often overlooked, gives companies flexibility in their operations, but as a user, it’s something to be aware of.
Relationship of the Parties
Lastly, the “Relationship of the Parties” section. Here, the relationship between the parties involved in the Agreement and the site is defined. It’s clearly construed that neither party shall be considered a partner, joint venturer, employee, or agent of the other. Neither holds the right nor authority to incur, assume, or create any warranty, liability, or obligation of any kind, whether express or implied, in the name or on behalf of the other. This is vital to understand, as it delineates that each party is intended to be independent contractors, solely responsible for their own actions.
