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Terms of Use

Last updated: August 6, 2013

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to the Kitchens.com website ("Site"). Kitchens.com, a division of WorldView Technologies, Inc., maintains this Site to provide general information to our visitors. All use of this Site is subject to the following terms and conditions ("Terms of Use"). By accessing and browsing this Site, you agree to be bound by these Terms of Use.

Features Subject to Separate Terms. Some of the features offered through Kitchens.com are provided by third party service providers and may be subject to terms of use, rules and policies in addition to or in lieu of these Terms of Use. If you choose to use those features, you agree that your use of those features will be subject to such additional or separate terms of use, rules and/or policies, as applicable.

Copyright. This Site, including all text, images, software and other content contained herein, is the property of Kitchens.com or its suppliers and is protected by United States and international copyright laws. The compilation and arrangement of all content on this Site is the exclusive property of Kitchens.com and is protected by United States and international copyright laws. All rights reserved.

Trademarks. All Kitchens.com marks, graphics, logos, designs and trade names used and displayed on this Site are service marks or trademarks of Kitchens.com and are the sole and exclusive property of Kitchens.com. The "look and feel" of this Site constitutes proprietary trade dress of Kitchens.com. All other trademarks not owned by Kitchens.com that appear on this Site are the property of their respective owners. You may not use any such marks for any purpose whatsoever without the express prior written permission of the owner.

Use of Site; Restrictions. You may view and print material displayed on this Site subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices affixed to or contained in the materials you print and all copies thereof. You may not copy or otherwise use this Site or any portion hereof, except as expressly provided above. You may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, reverse engineer or prepare derivative works from this Site or any portion hereof, except with the express prior written permission of Kitchens.com. Use of spiders, data mining tools, robots and similar data gathering and extraction tools is expressly prohibited, except by publicly available Internet search engine portals solely for purposes of indexing this Site. In the event you link to this Site, you agree to remove any such links to this Site (or any portion hereof) to which Kitchens.com objects promptly upon request. Nothing contained in this Site shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of Kitchens.com or any third party. Any rights not expressly granted herein are reserved.

Registration. In order to access certain features of this Site you may be required to register and obtain a unique username and password. In connection with any such registration, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Kitchens.com has the right to suspend or terminate your account and refuse any and all current and future use of this Site or any portion hereof.

You are solely responsible for maintaining the strict confidentiality of your username and password and for any charges, costs, expenses, damages, liabilities and losses you or Kitchens.com incur or may suffer as a result of your failure to do so. Furthermore, you are entirely responsible for any and all activities that occur under your username and password and for ensuring that use of your account complies fully with these Terms of Use. To reduce the risk that others will gain unauthorized access to your account, you must ensure that you "log out" from your account at the end of each session. You further agree to immediately notify Kitchens.com of any unauthorized use of your account or any other breach of security. You may not use anyone else's account, at any time, without the permission of the account holder.

User Postings. To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, messages or any other material (individually and collectively, "Postings"), please be advised that Postings do not necessarily reflect the views of Kitchens.com. In no event shall Kitchens.com assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site.

Responsibility for Postings lies with each user - you alone are responsible for the content of your Postings and the consequences of any such Postings. By submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual and/or any third party-owned content, including but not limited to text, graphics, software, music, sound, photographs, videos, messages, posts, data, information or other material, you represent and warrant that you have the right to grant Kitchens.com and other users permission to use such name, voice, likeness and/or image of such individual and/or such third party-owned content appearing in the Posting in all media throughout the world in perpetuity.

By submitting a Posting, you hereby authorize Kitchens.com and other users to use, reproduce, modify and distribute your Postings, in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, either alone or together or as part of other material of any kind or nature. Without limiting the foregoing, Kitchens.com will have the right to use, copy, display, perform, distribute, adapt, modify and re-format the Postings in any manner that Kitchens.com may determine in its sole discretion. You further agree that Kitchens.com may identify you as the author of any of your Postings by name, email address or screen name as Kitchens.com sees appropriate.

Kitchens.com reserves the right (but is under no obligation) to monitor and screen Postings and sweep its message boards and other areas of this Site periodically in its sole discretion. Kitchens.com also reserves the right to edit, refuse to post, remove or block access to any Postings, including but not limited to any Postings that violate these Terms of Use or that are otherwise objectionable as determined by Kitchens.com in its sole discretion, but Kitchens.com is not responsible for any failure or delay in removing or blocking access to any such Postings. That said, Kitchens.com is most often a passive conduit of the information that you and other users submit.

Without limiting the foregoing, you expressly acknowledge and agree that Kitchens.com may preserve Postings and may also disclose Postings if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Postings violate the rights of third parties; or (d) protect the rights, property or personal safety of Kitchens.com, its affiliates, suppliers, users or the public.

Your Responsibilities. You may use this Site only for lawful, non-commercial purposes and solely in accordance with these Terms of Use and any other specific terms of use, rules or policies, whether provided by Kitchens.com or a third party, that may be applicable to any particular portion of this Site. You may not submit or transmit through this Site any material, or otherwise engage in any conduct, that:

 

    1. violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
    2. involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    3. is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, indecent, profane, obscene, or any other information that Kitchens.com deems in its sole discretion to be inappropriate for this Site;
    4. victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
    5. harms minors in any way;
    6. impersonates any person, business or entity (including but not limited to a Kitchens.com official, discussion group moderator or other forum leader, guide or host), or in any way falsely states or misrepresents your affiliation with a person or entity;
    7. involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
    8. contains viruses or any other computer code, files or programs that interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
    9. disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of this Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
    10. instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
    11. encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
    12. is intended to promote and/or generate revenue for any third party business activity; or
    13. violates these Terms of Use or any other terms of use, rules or policies applicable to this Site or any portion hereof.

     

For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "f*cK") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting or otherwise on Kitchens.com. Kitchens.com reserves the right to delete any such material from this Site.

You may not use this Site in any manner that could damage, disable, disrupt, overburden, impair or otherwise interfere with this Site or any servers or networks connected to this Site, or otherwise interferes with the use or enjoyment of this Site by others. You may not attempt to gain unauthorized access to this Site, other user accounts or any computer systems or networks connected to this Site or any Kitchens.com server, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Kitchens.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms of Use, including as enumerated above in this section on "Your Responsibilities."

No Spam. Users are prohibited from using this Site for chain letters, junk mail, spamming, or unauthorized commercial activities of any kind. You may not harvest information about other users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may terminate your access to or use of this Site immediately and take any other legal action if you, or anyone using your account, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our systems or communications networks.

Content Contributed to this Site by Third Parties. Although Kitchens.com may from time to time periodically monitor the content posted on this Site, we are under no obligation to do so. You acknowledge that Kitchens.com does not represent or endorse the accuracy or reliability of any Posting, advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed throughout this Site. Discussion group moderators, bloggers, diarists and other forum leaders, guides and hosts are not authorized Kitchens.com spokespersons, and their views do not necessarily reflect those of Kitchens.com. Kitchens.com cannot and shall not be responsible for the views or opinions expressed by any third parties. Any Posting, advice, opinions, statements, suggestions, services, offers or other information or content presented or disseminated by third parties via this Site are those of their respective authors who are solely liable for their content. Your reliance upon any such Posting, advice, opinion, statement, suggestion or information shall be at your sole risk.

Indemnification. You agree to indemnify, defend and hold harmless Kitchens.com, its affiliates and their respective directors, officers, employees and agents, licensors, representatives and third party providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. Kitchens.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Kitchens.com in asserting any available defenses.

Notice and Procedure for Making Claims of Infringement. Kitchens.com respects the intellectual property of others, and we ask our users to do the same. If you believe your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright Infringement, which includes instructions on how to contact us to report possible copyright infringement by our users. ALL INQUIRIES NOT RELATING TO SUCH A CLAIM WILL NOT RECEIVE A RESPONSE.

No Rendering of Advice. The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering consulting, design, architectural, engineering, legal or other professional advice of any kind. Your use of this Site does not give rise to a client, advisory, fiduciary or professional services relationship between you and Kitchens.com.

Accuracy of Information. While Kitchens.com uses reasonable efforts to furnish accurate and up-to-date information, Kitchens.com does not warrant that any information contained in or made available through this Site (including, without limitation, any information provided directly by representatives of Kitchens.com, whether through newsletters, blogs, message boards, diaries or otherwise) is accurate, complete, reliable, current or error-free. Kitchens.com assumes no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications.

Disclaimer of Warranties and Limitations of Liability. THIS SITE IS PROVIDED BY KITCHENS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KITCHENS.COM AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KITCHENS.COM AND ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. KITCHENS.COM DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

KITCHENS.COM AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY PORTION HEREOF, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Links to Third Party Websites. For your convenience, this Site may provide hyperlinks to websites, servers and other resources maintained by third parties over which Kitchens.com does not have control, including, without limitation, message boards and/or links to Web sites or pages that are framed within this Site. Even if such materials are framed within this Site and appear to be a part of this Site, Kitchens.com does not evaluate, endorse or guarantee content found in such sites. Kitchens.com does not assume any responsibility or liability for the actions, products, services or content of these sites or the parties that operate them. You should carefully review their privacy statements and other conditions of use. Your use of these sites is entirely at your own risk.

Feedback and Other Submissions. All comments, feedback, suggestions, ideas and similar submissions furnished to Kitchens.com in connection with your use of this Site shall be deemed assigned to and shall remain the exclusive property of Kitchens.com. No such submissions shall be subject to any obligation of confidence on the part of Kitchens.com, and Kitchens.com shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure. You represent that you have the lawful right to furnish such submissions to Kitchens.com and agree that you will not submit any information unless you are legally entitled to do so.

Termination or Suspension of Access; Modifications to Site. Kitchens.com reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, Kitchens.com reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. Kitchens.com shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.

Dispute Resolution. Any controversy or claim arising out of or relating to these Terms of Use or breach hereof, or otherwise relating to this Site (with the exception of injunctive relief sought by Kitchens.com for any violation of Kitchens.com's proprietary rights), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its then-current rules. The arbitration shall be decided by one (1) arbitrator, who shall be an attorney having experience and familiarity with information technology disputes. The language of the arbitration shall be English. The location of arbitration shall be Chicago, Illinois, USA. The arbitrator may award to the prevailing party, if any, as determined by the arbitrator, its costs and expenses, including attorneys' fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Each party hereby waives its right to a trial by jury for any disputes between the parties.

Applicable Laws; Exclusive Jurisdiction. Kitchens.com maintains this Site in the USA. Kitchens.com makes no representation that this Site or any content on or accessed through this Site is appropriate or available for use in other jurisdictions. You are responsible for compliance with all local laws and regulations, as applicable. Use of this Site and any dispute arising therefrom shall be governed by the laws of the State of Illinois, USA, without regard to principles of conflict of laws. SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN CHICAGO, COOK COUNTY, ILLINOIS, AND YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

Modifications. Kitchens.com reserves the right to modify these Terms of Use at any time upon posting. By continuing to use this Site after any changes are posted, you are signifying your acceptance of the revised terms and conditions, regardless of whether you have reviewed them. Please visit this page regularly to review the then-current Terms of Use to which you are bound.

Privacy. Please review our privacy policy, which also governs your visit to this Site and is incorporated herein by reference, to understand our practices.

Entire Agreement. These Terms of Use, together with the Kitchens.com privacy policy, constitutes the entire agreement between you and Kitchens.com governing your use of this Site and supersedes any prior agreements between you and Kitchens.com with respect to the subject matter hereof. Notwithstanding the foregoing, as stated above, you also may be subject to additional or separate terms of use, rules and/or policies that may apply when you use certain features made available through this Site.

Miscellaneous. If there is a determination that any provision of these Terms of Use is invalid or unenforceable under applicable law, that determination will not affect the rest of these Terms of Use, and these Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of Kitchens.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action against Kitchens.com arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Consent to Electronic Delivery of Notices. When you visit Kitchens.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including without limitation by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent and discontinue your use of this Site.

Minors. This Site is not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS SITE.

Contact Information. If you have any questions regarding this Site, please contact Kitchens.com at This email address is being protected from spambots. You need JavaScript enabled to view it. and include the following statement in the subject line: "Kitchens.com Terms of Use Question".

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING KITCHENS.COM THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY OUR USERS. Do not send any inquiries unrelated to copyright infringement (e.g., requests for technical assistance or customer service) to the contact listed below. You will not receive a response if sent to that contact.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): Kitchens.com, a division of WorldView Technologies, Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement: Kimberly Sweet


Full Address of Designated Agent to Which Notification Should be Sent: Kitchens.com, 4611 N. Ravenswood Ave., Suite 104, Chicago, IL 60640


Telephone Number of Designated Agent: (773) 769-8400


Facsimile Number of Designated Agent: (773) 769-8401


E-mail Address of Designated Agent: This email address is being protected from spambots. You need JavaScript enabled to view it.


Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Cl

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