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Terms of Use

Welcome to the Kitchology Inc. Website (the “Website”) and associated Kitchology Inc. mobile applications (the “Mobile Applications”).  The Website and Mobile Applications are referred to herein as the “Services”, which are owned and operated by Kitchology.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.  By accessing or using the Services, or downloading any Materials from the Services, you acknowledge your agreement to be bound by these Terms of Use (“TOU”). If you do not agree to be bound by these TOU, please do not use, access or download Materials from the Services. Kitchology reserves the right to update these TOU at any time without notice to you. The most current version of these TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Website or Mobile Applications.

Ownership and Reproduction of Materials

You acknowledge that all materials provided on by the Services, including but not limited to information, documents, products, recommendations, advice, software, logos, graphics, sounds, images, and services (the “Materials”), are provided either by Kitchology or by its respective third party authors, developers and vendors (“Third Party Providers”) and the underlying intellectual property rights are owned by Kitchology and/or its Third Party Providers. Elements of the Services are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. Kitchology and the Kitchology logo are trademarks of Kitchology Inc. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

Content of Materials; No Medical Advice

THE MATERIALS PROVIDED BY THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY.  THE WEBSITE, MOBILE APPLICATIONS AND THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.  The nutritional and other information in THE SERVICES cannot replace or substitute for the services of trained professionals.  Users of THE SERVICES should not rely upon any information OR MATERIALS IN OR PROVIDED BY THE SERVICES in making any nutritional, dietary or other medical decisions.  Any dietary, nutritional or medical concerns or questions that any user may have should be directed to and discussed with trained dieticians or physicians.

Use of Materials

Subject to the terms and conditions of these TOU and unless otherwise specified in a separate agreement, Kitchology hereby grants you permission to display, cache, and download Materials from the Services provided that: (1) you display the relevant ownership notices provided with the Materials; (2) the use of such Materials is solely for your personal, non-commercial and informational use and will not be used for commercial gain; and (3) the Materials are not modified in any way. If the Material is machine-readable software, then you may use the software only in machine-readable form and you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software, except as expressly permitted by the terms and conditions of the relevant license agreement or by the law in effect in the jurisdiction in which you are located. This permission terminates automatically without notice if you breach any of these TOU. Use for any other purpose is expressly prohibited. Violators will be prosecuted to the maximum extent possible.

Except as stated herein and unless otherwise specified in a separate agreement, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Kitchology or the Third Party Provider. Also, you may not “mirror” any Materials contained in the Services on any other server without Kitchology’s prior express written permission.  Any unauthorized use of any Materials contained in the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, for which Kitchology would not be responsible.

Except where expressly provided otherwise by Kitchology, nothing in the Services shall be construed to confer any license under any of Kitchology’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Kitchology. Kitchology does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Kitchology.

Linked Sites

Kitchology, whether affiliated or not affiliated with sites linked to the Services (“Linked Sites”), is not responsible for their content. The Linked Sites are for the convenience of the user only, and the inclusion of any link does not imply endorsement by Kitchology of the linked web site. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them.

Submissions

Except where expressly provided otherwise in the Services, all ideas, improvements, rules, signatures, suggestions, source and object code, feedback, information, comments or materials submitted through or in association with this the Services (“Submissions”) shall be considered non-confidential and Kitchology’s property. By providing such Submissions, you agree to assign to Kitchology, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Kitchology shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose, including, without limitation, the rights to: copy, distribute, transmit, create derivative works, reproduce, edit, translate and reformat your Submission; and the right to publish your name in connection with your Submission. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Kitchology, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. No compensation will be paid with respect to the use of your Submission, as provided herein. Kitchology is under no obligation to post or use any Submission you may provide and Kitchology may remove any Submission at any time in its sole discretion.

By Posting a Submission you represent and warrant that you own or otherwise control all of the rights to your Submission as described in these TOU, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

You shall not make any Submissions which (a) libel, defame, invade privacy, or are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or are a solicitation for goods or services; or (f) are treated as confidential under any contract or policy. You agree to indemnify Kitchology and its officers, directors, employees, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from your submission of any materials in violation of the foregoing restrictions.

Termination of Services

Kitchology may modify or discontinue the Website, one or more of the Mobile Applications,  or the Materials provided therein at any time, with or without notice to you. Kitchology will not be liable to you or any third party as a result of such modification or discontinuation. Kitchology reserves the right, in its sole discretion and at any time, to terminate your access to the Services and/or any of the Materials without liability to you or any third party. In addition, access to the Services may be monitored by Kitchology. Upon termination of these TOU, you will immediately destroy any downloaded or printed Materials, unless otherwise specified in a separate agreement.

Disclaimer of Warranties

The Materials are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Kitchology disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Kitchology expressly disclaims any warranty that the functions contained in the Materials will be uninterrupted or free of errors, that defects will be corrected, or that the Services or the server that makes the Services available are free of viruses or other harmful elements. Kitchology makes no warranties or representations, express or implied, regarding the use of the Materials appearing on or offered by the Services with regard to their correctness, reliability, accuracy, completeness or otherwise. Neither Kitchology nor its affiliated or related companies or its content providers shall be responsible or liable to any person, firm, or corporation for any loss, damage, injury, claim, or liability of any kind or character based on or resulting from any information contained the Services or Materials offered through the Services.

LIMITATION OF LIABILITY

IF YOU ARE NOT SATISFIED WITH OUR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES. KITCHOLOGY SHALL NOT BE LIABLE FOR ANY LOSSES, INJURIES OR DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, OR USE OR INABILITY TO USE THE SERVICES, OR FOR ANY ACT OR OMISSION YOU OR ANY THIRD PARTY DO OR PERFORM IN RELIANCE UPON THE SERVICES OR THE MATERIALS. IN NO EVENT SHALL KITCHOLOGY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE MATERIALS, EVEN IF KITCHOLOGY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND YOU COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM AGAINST KITCHOLOGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR PARTNERS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.  IN NO EVENT SHALL KITCHOLOGY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY US DOLLARS ($50.00).  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSES.

Indemnification

In exchange for accepting the benefits you receive by accessing the Services, you agree to defend, indemnify, and hold harmless Kitchology, its officers, directors, employees, agents, and partners, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Services, your violation of these TOU, or your violation of any laws, regulations, or third-party rights.

General

These TOU will be governed by and construed in accordance with the laws of the State of Maryland, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these TOU or your use of the Services will be brought in a federal or state court in Montgomery County, Maryland, and you submit to the venue and personal jurisdiction of such court. If any provision of these TOU is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except for other agreements or terms appearing in the Services, these TOU set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Copyright Notice

© 2016 Kitchology Inc., All Rights Reserved

Trademarks

Kitchology™, Your Kitchen Connected ™, Kitchen-Science ™

Privacy and Protection of Personal Information

See the Privacy Statement disclosures relating to the collection and use of your information.

How To Contact Us

Should you have other questions or concerns about these TOU, please send us an email at info@kitchology.

 

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