Last Updated: Oct. 24th, 2023
- (i) The information and services, if any, provided by Kitchen Review Guide or otherwise accessible via any website, IP address, or any social media accounts or other online products and services offered or designated by Kitchen Review Guide (collectively referred to as the “Site”).
- (ii) Any materials, content, or other offline components provided by Kitchen Review Guide through the Site (collectively referred to as the “Materials”).
By accessing or using the Site, you, the user, acknowledge that you have carefully read, fully understood, and unconditionally agree to be bound by the terms and conditions of this Agreement in their entirety, without any limitations or qualifications, as well as all applicable laws and regulations. If you do not agree to be bound by the terms and conditions of this Agreement and to follow all applicable laws, you are expressly prohibited from accessing or using the Site or the Materials. Your continued use of the Site shall constitute your ongoing acceptance of this Agreement.
Please note that Kitchen Review Guide reserves the right to modify or amend this Agreement at any time without prior notice. Any such modifications or amendments will be effective immediately upon posting on the Site. Your continued use of the Site following any such modifications or amendments shall constitute your acceptance of the modified or amended Agreement.
If you have any questions or concerns regarding this Agreement, please feel free to contact us at [email protected]
This Agreement incorporates a binding arbitration provision, which mandates that any and all disputes or claims arising out of or relating to this Agreement, the Site, or the Materials shall be resolved exclusively through binding arbitration. Pursuant to this arbitration provision:
- 1. You, the user, are expressly precluded from pursuing claims against Kitchen Review Guide as a plaintiff or class member in any class or representative action or proceeding.
- 2. You, the user, are exclusively entitled to seek relief, including monetary, injunctive, and declaratory relief, on an individual basis.
1. License Grant
Pursuant to the terms and conditions stipulated in this Agreement, Kitchen Review Guide hereby grants you, the user, a limited, non-exclusive, non-transferable license to access the Site and download the Materials solely for your own personal, non-commercial use. The license granted herein is expressly conditioned upon your continued compliance with the terms and conditions of this Agreement.
This Agreement expressly permits you to use the Site for your personal, non-commercial use only. You are strictly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the content on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (collectively, the “Content”) on the Site, except as explicitly permitted under the following limited circumstances:
- You may temporarily store copies of such Content on your computer incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- You may download a single copy of the Materials to your computer or mobile device solely for your own personal, non-commercial use.
Please note that any unauthorized use of the Content or the Site beyond the scope of this limited license is strictly prohibited and may result in the termination of your access to the Site and potential legal consequences.
2. Restrictions on License Grant**
Your use of the Site is strictly limited to the scope of the license granted in this Agreement, and any usage beyond the explicitly permitted scope is expressly prohibited. You hereby acknowledge that the Site constitutes a valuable asset of Kitchen Review Guide and agree to abide by the following restrictions:
- You are strictly prohibited from licensing, sublicensing, selling, reselling, renting, leasing, transferring, assigning, distributing, granting a security interest in, or otherwise transferring any rights to, or commercially exploiting, the Site or the Materials. Additionally, you are prohibited from using the Site to run, or as part of, a service bureau, outsourced, or managed services arrangement.
- You are strictly prohibited from copying, reproducing, republishing, uploading, posting, transmitting, or distributing the Site or the Materials in any way.
- You are strictly prohibited from modifying, translating, altering, adapting, decompiling, disassembling (except to the extent applicable laws specifically prohibit such restriction), reproducing, distributing, or displaying, or creating derivative works, compilations, or collective works based on the Site or the Materials.
- You are strictly prohibited from knowingly or negligently permitting other individuals or entities to use or copy the Site, or create Internet “links” to the Site or “frame” or “mirror” the Site on any other server or wireless or Internet-based device.
- You are strictly prohibited from accessing the Site for any reason, including but not limited to:
a. Building a competitive product or service.
- b. Building a product using similar ideas, features, functions, or graphics of the Site.
- c. Copying any ideas, features, functions, or graphics of the Site.
- d. Monitoring its availability, performance, or functionality.
- e. Engaging in any other benchmarking or competitive purposes.
- You are strictly prohibited from attempting to use or gain unauthorized access to data, accounts, hosts, systems, or networks of Kitchen Review Guide or any of its customers or suppliers, or those of any other party. You are also prohibited from breaching the security of another user or system, or attempting to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access.
- You are strictly prohibited from attempting to probe, scan, or test the vulnerability of a system, account, or network of Kitchen Review Guide or any of its customers or suppliers.
- You are strictly prohibited from interfering, or attempting to interfere, with service to any user, host, or network, including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the software which operates the Site.
- You are strictly prohibited from forging any TCP-IP packet header or any part of any header information, falsifying, altering, or removing address information or other modification of e-mail headers. You are also prohibited from collecting responses from unsolicited bulk messages, falsifying references to Kitchen Review Guide or the Site, by name or other identifier, in messages. Impersonating any person or entity, engaging in sender address falsification, forging anyone else’s digital or manual signature, or performing any other similar fraudulent activity is strictly prohibited.
- You are strictly prohibited from restricting, inhibiting, or otherwise interfering with the ability of any other person, regardless of intent, purpose, or knowledge, to use or enjoy the Site (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information.
- You are strictly prohibited from restricting, inhibiting, interfering with, or otherwise disrupting or causing a performance degradation, regardless of intent, purpose, or knowledge, to the Site or any Kitchen Review Guide (or Kitchen Review Guide supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Kitchen Review Guide (or Kitchen Review Guide vendor) facilities used to deliver the Site.
- You are strictly prohibited from creating or using any program, tags, markers, bots, mousetraps, hijackers, or other similar computer routines or sub-routines to automatically access or manipulate the Site.
Due to the inherent difficulty associated with quantifying damages, in addition to any other damages to which Kitchen Review Guide may be entitled, if actual damages cannot be reasonably calculated, you agree to pay Kitchen Review Guide liquidated damages of $250 for each violation of this Section 2 or the maximum liquidated damages permitted under law, whichever is greater. Additionally, you agree
4. Intellectual Property Ownership
Kitchen Review Guide owns all of the content on its website, including text, images, code, and anything else. You cannot use any of this content without their permission. This includes copying, modifying, distributing, or selling it. If you do, they can sue you for damages. They also own the copyright to everything on the site, so you cannot create any derivative works of it either. If you have any questions, please contact Kitchen Review Guide.
Kitchen Review Guide has taken the necessary steps to protect its intellectual property, and they will take legal action against anyone who violates their copyrights.
6. Term; Termination; Suspension of Access
This Agreement takes effect the first time you access the Site and continues for the duration of your use of the Site. Any unauthorized use of the Site will be considered a material breach of this Agreement. Kitchen Review Guide, in its sole discretion, may terminate your password, account, or use of the Site if you breach or fail to comply with this Agreement.
7. Disclaimer of Warranties
Kitchen Review Guide is not liable for any damages or losses that may arise from the use of the Site. The Site is provided on an “as is” and “as available” basis, and Kitchen Review Guide makes no representations or warranties of any kind, express or implied, regarding the Site, including its accuracy, completeness, timeliness, reliability, merchantability, or fitness for any particular purpose. You agree that you use the Site at your own risk.
Kitchen Review Guide does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. Kitchen Review Guide is not responsible for any damages or losses that may arise from your use of the Site, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.
8. Limitation of Liability
Kitchen Review Guide is not liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, lost time, or goodwill, even if advised of the possibility of such damages. The maximum liability is $100. You must file a claim within one year. Some states do not allow these exclusions, so they may not apply to you.
To elaborate, Kitchen Review Guide is not responsible for any damages that are not directly caused by their actions. This includes things like lost profits, lost time, or damage to your reputation. The maximum amount that Kitchen Review Guide is willing to pay in damages is $100. You must file a claim for damages within one year of the date the damage occurred. Some states have laws that prevent companies from excluding liability for certain types of damages. If you live in one of those states, the above limitations may not apply to you.
You knowingly, and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Kitchen Review Guide and the Kitchen Review Guide Parties from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character as a result of the information and Materials offered by Kitchen Review Guide through the Site.By using the Kitchen Review Guide website, you agree to the following terms and conditions:
- You will not hold Kitchen Review Guide or its affiliates liable for any damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the website.
- You will release, discharge, and hold harmless Kitchen Review Guide and its affiliates from any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the website.
- You will comply with all applicable laws and regulations in your use of the website.
- You will not use the website for any illegal or unauthorized purpose.
- You will not use the website in a way that interferes with or disrupts the website or its services.
- You will not use the website to upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
- You will not use the website to impersonate any person or entity, or to misrepresent your affiliation with any person or entity.
- You will not use the website to harvest or collect any personal information about other users.
- You will not use the website to spam or otherwise harass other users.
- You will not use the website to create any unauthorized account or to access any unauthorized area of the website.
- You will not use the website to attempt to gain unauthorized access to any computer system or network.
- You will not use the website to violate any intellectual property rights of Kitchen Review Guide or any third party.
- You will not use the website for any commercial purpose without the express written permission of Kitchen Review Guide.
If you violate any of these terms, Kitchen Review Guide may terminate your access to the website without notice.
Please read these terms and conditions carefully before using the Kitchen Review Guide website. If you have any questions about these terms and conditions, please contact us.
10. Account Access
If you and your users need to create an account and/or use a username and password to access the Site, you’re responsible for keeping your username and password safe. If someone else gets your username and password, they could use your account. So, don’t share your username, password, or other account info with anyone. You’re also responsible for anything that happens on your account, even if you didn’t do it. So, if you think your password has been stolen, change it right away.
11. Modification to Terms
Kitchen Review Guide may revise and update this Agreement at any time without notice. Any changes will be effective immediately and will apply to all future use of the Site. However, changes to the dispute resolution provisions will not apply to any disputes that have already arisen. By continuing to use the Site after a change has been made to this Agreement, you agree to be bound by the changes. You should check this page periodically to review the most current version of the Agreement.
12. Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to the email address provided below or my mail to the mailing address provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
13. Governing Law and Arbitration
Any disputes between you and Kitchen Review Guide shall be resolved by binding arbitration in Seattle, Washington. This means that you and Kitchen Review Guide agree to have a neutral third party, called an arbitrator, decide the dispute. The arbitrator will follow the rules of the American Arbitration Association. The decision of the arbitrator will be final and binding on you and Kitchen Review Guide. However, if you are seeking injunctive relief, or if the amount of money you are seeking is less than $10,000, the dispute will be resolved in the courts of Seattle, Washington.
This agreement is governed by the laws of the State of Washington and the United States of America. Any disputes arising out of or relating to this agreement will be resolved in the state or federal courts located in King County, Washington. If any provision of this agreement is held to be invalid or unenforceable, such provision will be struck from this agreement and the remaining provisions will remain in full force and effect. Kitchen Review Guide may make changes to this website at any time without notice. There is no joint venture, partnership, employment, or agency relationship between you and Kitchen Review Guide. If you have another agreement with Kitchen Review Guide, this agreement will supplement it. If there is a conflict between this agreement and another agreement, the written agreement will prevail.
In addition to the above, please note the following:
- You agree to use this website in a manner consistent with all applicable laws and regulations.
- You agree not to use this website for any unlawful or unauthorized purpose.
- You agree not to use this website to harm or attempt to harm anyone in any way.
- You agree not to use this website to violate the privacy rights of others.
- You agree not to use this website to send spam or unsolicited advertising.
- You agree not to use this website to upload or post any material that is defamatory, offensive, or otherwise objectionable.
- You agree to comply with all applicable terms of service and conditions of use for this website.
If you violate any of these terms, your right to use this website will be terminated immediately.