Website Terms and Conditions of Use

This website is provided by Kitchen Advance and its affiliates (collectively, “Company”). By accessing the Company website (the “Site”), you are indicating your acknowledgement and acceptance of these Terms of Use. These Terms of Use are subject to change by Company at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.

Restrictions on Use

All material included on this Site, and any other Site owned, operated, licensed or controlled by Company, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Company, its subsidiaries, affiliated companies and/or third-party licensors and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates Company’s intellectual property rights.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Company, except that:

1. You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
2. Any copies of documents or pages from the Site must not alter the original Site content and must include the Company copyright notice: © 2013 Company. All Rights Reserved.
3. You may link to this Site provided that the link does not falsely imply or suggest that Company has endorsed or is affiliated with the linked Site.

Users of the Site must not:

1. Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
3. Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
4. Attempt to circumvent the security systems of the Site.
5. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Company server.
6. Attempt to use the Site for any purposes other than those intended by Company, as determined by Company in its sole discretion.
7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Company becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, Company reserves the right to revoke your right to these permitted uses.

Sales of Goods and Warranties

Company goods are not sold on this Site. This Site is for information purposes only. All sales of goods conducted elsewhere are subject to Company’s standard terms and conditions of sale and warranties. Copies of those terms and conditions and warranties are available upon request.

Certain information we collect about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at the Site.

Disclaimer

Company cannot guarantee that the Site or its content is error free and Company makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.

THIS SITE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability

Neither Company, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall Company be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Company has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that Company would not grant access to the Site without your agreement to this term.

Intellectual Property

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of Company. Nothing posted on this Site grants a license to any Company trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property, our suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all content on the Site is our exclusive property and is protected by United States and international copyright laws. All software used on the Site is our property or our software suppliers and is protected by United States and international copyright laws.

Trademarks

Marks indicated on our Site are registered trademarks or service marks of us or our affiliates and/or subsidiaries, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts and service names are trademarks, service marks or trade dress of us or our affiliates and subsidiaries. Our trademarks, service marks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that we do not owned by us, our affiliates or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us, our affiliates or our subsidiaries.

Third Party Trademarks

Trademarks displayed on this Site not owned by Company are the property of their respective owners, who may or may not be affiliated with Company. Nothing contained on this Site should be construed as granting any license or right to use any
third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. We ask that you respect these rights.

Use of Information and Ideas Submitted

You hereby acknowledge and agree that we are free to use any comments, information, ideas, concepts, reviews, techniques or other information (collectively, "Ideas") contained in any communication you may send to us or have with our representative, and we shall have no obligation to compensate you in any way for the Ideas provided by you that are used by us for commercial purposes, including use by us in designing, developing, manufacturing and marketing products and creating, modifying or improving upon ours or other products, services or websites affiliated with us. In posting, displaying or otherwise communicating any such Ideas on our Site, you hereby grant to us a non-exclusive license to display, use, reproduce or modify the Ideas.

Linked Sites

This Site may link to or be linked from other websites that are not maintained by, or related to, Company. Company does not endorse, and is not responsible for, the content of any of those third-party websites.

Sales of Goods and Warranties

Goods are not sold on this Site but are sold on other sites. All sales of goods are subject to Company’s standard terms and conditions of sale and warranties. Copies of those terms and conditions and warranties are available upon request.

International Use

Company makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

Indemnification

Upon request of us, you agree to defend, indemnify and hold harmless us and our affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims and expenses, including without limitation reasonable attorney's fees, from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will cooperate with us in asserting any available defense.

Binding Arbitration

Any claim, dispute, or controversy against us, our agents, employees, successors, assigns or affiliates arising from or relating to your use of the Site and/or purchase of products from us, our advertising or these Terms, their interpretation, or the breach, termination or invalidity thereof, shall be resolved exclusively and finally by binding arbitration under the Rules of the American Arbitration Association. The arbitration will be limited solely to the dispute between you and us. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

Governing Law and Forum

These Terms are governed by California law. Any action to enforce or interpret them, and any arbitration to resolve a dispute under them, shall be initiated and maintained exclusively in San Diego County, State of California. The parties irrevocably submit to the jurisdiction of the courts in San Diego County and waive all objections they otherwise may have to jurisdiction or venue.

Severability and Integration

Unless otherwise specified herein, these Terms and the Privacy Policy constitute the sole and exclusive agreement between you and us and our affiliates with respect to the Site and supersedes all prior and contemporaneous communications and proposals (whether or not electronic) between you and us with respect to us. If any portion of the Terms or Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Parties in Interest

Nothing in these Terms is intended to confer any rights or remedies under or by reason of these Terms on any persons other than the parties to these Terms.

Notice

Notices to you may be made via either email or regular mail. We may also make changes to these Terms or other matters by displaying notices at the Site.