PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome
to the Cabinets.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.
By accessing and browsing this Site, you agree to be bound by these terms
and conditions.
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
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 data mining,
robots and similar data gathering and extraction tools is expressly prohibited.
Links to this Site should not be made without the express prior written
permission of Kitchens.com. 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.
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 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 or
periodically through our newsletters) 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.
Links
to Third Party Websites.
For your convenience, this Site may provide hyperlinks to websites and
servers maintained by third parties. Kitchens.com
does not control, 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 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 and conditions 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 and
conditions 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 in
accordance with the then-current rules of the American Arbitration Association.
Before entering into arbitration, the parties shall each appoint an
arbitrator, and these two arbitrators shall select a third arbitrator to be a
member of the panel. Should the two
arbitrators not be able to agree on a choice of the third, then the American
Arbitration Association shall make the appointment of a person who is neutral to
the parties. None of the
arbitrators shall be officers or employees of the parties.
Each such arbitrator shall be an attorney having experience and
familiarity with information technology disputes.
The location of arbitration shall be
Applicable
Laws; Exclusive Jurisdiction.
Kitchens.com maintains this Site in
Modifications.
Kitchens.com reserves the
right to modify these terms and conditions at any time upon posting.
By continuing to use this Site after any changes are posted, you
acknowledge your acceptance of the revised terms and conditions.
Please visit this page regularly to review the then-current terms and
conditions to which you are bound.
Miscellaneous.
If there is a determination that any provision of these terms and
conditions is invalid or unenforceable under applicable law, that determination
will not affect the rest of these terms and conditions, and these terms and
conditions 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 and
conditions 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 and conditions 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 and conditions are for convenience only
and have no legal or contractual effect.
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 info@kitchens.com.