Welcome to the Kind Kitchenware web site. Doing business as Kind Kitchenware, provides this web site (this "Site"), at its discretion, as a service to its customers. This Site provides users with access to certain product information as well as online purchasing capabilities.
These Site Terms and Conditions ("Site Terms") set forth the terms and conditions under which You may use and access this Site. You represent and warrant that You possess the legal right and authority to agree to these Site Terms on Your behalf and that You are at least 18 years old. If You are accessing this Site on behalf of Your employer or some other entity, then these Site Terms shall be binding upon You and Your employer or such other entity, and, in such event, You further represent and warrant that You possess the legal right and ability to agree to these Site Terms on Your behalf and on behalf of Your employer or other entity. If You register to use this Site by completing the Account Registration form on behalf of Your employer or such other entity, then You shall be deemed to be accessing this Site on behalf of Yourself and Your employer or such other entity. As used in these Site Terms, the term "You" refers to you individually and, if applicable, your employer or such other entity on whose behalf you may access this Site.
BY ACCESSING/USING THIS SITE, YOU AGREE TO THESE SITE TERMS. EACH TIME YOU ACCESS THIS SITE, YOU ARE REAFFIRMING YOUR AGREEMENT TO THESE SITE TERMS. IF YOU DO NOT AGREE TO THESE SITE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THIS SITE. IF YOU ARE AN EXISTING USER AND DO NOT AGREE TO THESE SITE TERMS AND WISH TO REMOVE YOUR ACCOUNT FROM THIS SITE, PLEASE CLICK ON THE “CANCEL ACCOUNT REGISTRATION” LINK, COMPLETE THE CANCEL REGISTRATION FORM AND YOUR ACCOUNT WILL BE CANCELED.
In the event You purchase goods or services through this Site, Kind Kitchenware's Terms and Conditions of Sale (along with these Site Terms) apply with respect to such purchase. Such Terms and Conditions of Sale should be reviewed carefully before placing an order.
After placing an order, you will receive an email from Kind Kitchenware acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a good or service. All orders are subject to acceptance by Kind Kitchenware will confirm such acceptance to you by sending you an email that confirms that the good or service has been dispatched or otherwise accepted (the “Dispatch Confirmation”). The contract (“Contract”) will only be formed when Kind Kitchenware sends you the Dispatch Confirmation.
The Contract will relate only to those good and/or services whose dispatch/acceptance Kind Kitchenware has confirmed in the Dispatch Confirmation. Kind Kitchenware will not be obliged to supply any other goods or services which may have been part of your order until the dispatch or other acceptance of such goods or services has been confirmed in a separate Dispatch Confirmation.
You should visit this page periodically to review the Site Terms. You acknowledge and agree that the Site Terms currently in effect as of this date may be modified or amended by Kind Kitchenware from time to time. Your continued use of this Site after a modification or amendment shall constitute acceptance and agreement to the modified Site Terms. Kind Kitchenware may terminate this Site at any time. In addition, Kind Kitchenware reserves the right to change the format, organization, and content of this Site, at anytime, without notice.
(b) This Site is controlled and operated by Kind Kitchenware from its offices within the United States. Kind Kitchenware makes no representation that the contents of this Site are appropriate or available for use in other locations outside the United States. Those who access this Site from locations outside the United States do so at their own risk and are responsible for compliance with applicable local laws. Access to this Site is prohibited in territories where the contents of this Site are illegal.
3. REGISTRATION / USER ACCOUNT.
To access certain features of this Site, You will be required to register an account (“Account”) with Kind Kitchenware on the form provided on this Site (“Registration”). Access to online purchasing capabilities is available only to individuals and businesses (and their authorized employees, agents and/or contractors) who register with Kind Kitchenware by submitting an Account Registration form and is limited to those users who are authorized to form legally binding contracts under applicable law on behalf of themselves and the businesses or organizations they represent (if applicable). You agree to provide true, accurate, current and complete information during Registration and to maintain and promptly update the information You provide to keep it true, accurate, current and complete. You agree not t (i) select a username that, to Your knowledge, is already used by another person/entity; (ii) use a username in which another person/entity has rights without such person’s/entity’s authorization; or (iii) use a username or password that Kind Kitchenware in its sole discretion, deems offensive or inappropriate. It is Your responsibility to maintain the confidentiality of Your password and You agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account to any third party. Kind Kitchenware will have the right to rely upon any information received from any person/entity using Your username and password and Kind Kitchenware will incur no liability arising out of such reliance.
Kind Kitchenware has no obligation to verify the authenticity of any Registration information. IF YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, Kind Kitchenware HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THIS SITE (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THIS SITE WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
You may update or change Your Account information by going to the “My Account” link and making the applicable changes. For questions related to updating or changing Your Account information, please send an e-mail to info@KindKitchenware.com or contact us at 877-241-5593.
4. LICENSE TO SUBMITTED CONTENT.
You may have the ability to submit questions and other information through this Site’s on-line chat option. This feature is designed to provide users with quick answers to questions regarding general use of this Site and the products available for purchase through this Site. You agree not to submit any personal, confidential, or other proprietary information to Kind Kitchenware through such feature. Kind Kitchenware will have no obligations, and hereby disclaims all such obligations, to keep the information that you provide through the on-line chat confidential or otherwise protect that information from public disclosure or use.
By submitting any opinions, ideas, suggestions, and other feedback to Kind Kitchenware through this Site or otherwise, You are granting Kind Kitchenware a cost free, royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use the submitted content without restriction, including, without limitation, the right to copy, store, reproduce, modify, adapt, display, translate, transmit, perform, publish, create derivative works from, and to sublicense these rights to third parties. The foregoing license shall include the right to exploit any property rights in such submitted content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Nothing contained in these Site Terms shall limit or otherwise affect these rights.
5. USE RESTRICTIONS.
(a) All content included on this Site, such as text, graphics, button icons, images, and software ("Material"), is the exclusive property of Kind Kitchenware or others, and protected by U.S. and international copyright laws. Kind Kitchenware authorizes You to view and download the Material of this Site only for non-commercial use, provided that You retain all copyright and other proprietary notices contained in the original Material on any copies of the Material. You may not modify the Material on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use the Material for any public or commercial purpose. For purposes of these Site Terms, any use of the Material on any other web site or networked computer environment for any purpose is prohibited.
(b) The trademarks, service marks and logos ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Kind Kitchenware and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner.
6. ADDITIONAL USE LIMITATIONS.
You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (i) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) using any automatic or manual process to monitor or copy any portion of this Site without Kind Kitchenware's prior written permission; (vi) introducing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (vii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Kind Kitchenware in providing this Site. Any violation of system or network security may subject You to civil and/or criminal liability.
Any conduct by You that, in Kind Kitchenware's opinion, restricts or inhibits any other user from using or enjoying this Site will not be permitted. You acknowledge and agree that Kind Kitchenware, in its sole discretion, may at any time for any reason or no reason suspend, terminate, or restrict Your access to or use of this Site, or any portion thereof, with or without notice, unless otherwise prohibited by applicable law.
7. DISCLAIMERS; LIMITATIONS OF LIABILITY; SOLE REMEDY.
(a) THIS SITE IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS. Kind Kitchenware MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL Kind Kitchenware, ITS SUPPLIERS OR OTHER THIRD PARTIES REFERENCED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR ANY MATERIALS AND/OR USER CONTENT CONTAINED ON ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEBSITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Kind Kitchenware WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE AND THE CONTENT THEREON, OR THESE SITE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Kind Kitchenware's TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOU RESIDE OUTSIDE THE UNITED STATES, INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.
(b) Kind Kitchenware attempts to ensure that the content on this Site is complete and current. However, Kind Kitchenware cannot guarantee that the information contained on this Site will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price or to product description or availability. Kind Kitchenware reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to You. Further, Kind Kitchenware reserves the right to refuse or cancel any orders containing any error, inaccuracy, or omission, whether or not the order has been submitted, confirmed and/or Your credit card has been charged. If Your credit card has been charged for the purchase and Your order is canceled, Kind Kitchenware shall promptly issue a credit to Your credit card.
(c) This Site contains links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by Kind Kitchenware of the content on such third-party web sites. Kind Kitchenware is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of information on such third-party sites. If You access any of the third-party web sites linked to this Site, You do so entirely at Your own risk.
YOU HEREBY RELEASE AND FOREVER DISCHARGE Kind Kitchenware AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THIS SITE AND/OR YOUR USE OF THIS SITE, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF Kind Kitchenware, IN OPERATING THIS SITE OR OTHERWISE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Kind Kitchenware, AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, COSTS, LIABILITIES, OBLIGATIONS, DAMAGES, DEFICIENCIES, EXPENSES, ACTIONS, SUITS, PROCEEDINGS, DEMANDS, ASSESSMENTS AND/OR JUDGMENTS, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE CAUSED BY, OR RESULT OR ARISE FROM (I) ANY BREACH BY YOU OF ANY OF THESE SITE TERMS; (II) COMMUNICATIONS BETWEEN YOU, OTHER USERS, AND/OR OTHER THIRD PARTIES; AND (III) INTELLECTUAL PROPERTY INFRINGEMENT VIOLATIONS AND VIOLATION OF LAWS BY YOU.
10. USER INFORMATION.
Anyone linking to this Site must comply with all applicable laws. A site that links to this Site:
(a) may link to, but not replicate, content on this Site;
(b) shall not create a browser or border environment around content on this Site;
(c) shall not imply that Kind Kitchenware is endorsing it or its products;
(d) shall not misrepresent its relationship with Kind Kitchenware;
(e) shall not present false information about Kind Kitchenware's products or services;
(f) shall not use Kind Kitchenware's trademarks without permission;
(g) shall not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups; and
(h) shall comply with any other requirements of Kind Kitchenware for linking to this Site.
Your correspondence or business dealings with advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You hereby release Kind Kitchenware, and agree that Kind Kitchenware shall not be responsible or liable for any loss, damage or claim (including negligence) of any sort incurred as the result of any such dealings or as the result of the presence of advertisers on this Site.
13. GENERAL PROVISIONS.
If any provision of these Site Terms is declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect. The failure of Kind Kitchenware to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision. These Site Terms constitute the entire agreement between Kind Kitchenware and You with respect to Your use of this Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter; provided, however, that there may be additional written terms and conditions that govern Your use of specific areas of this Site. Such additional terms and conditions, if any, will be specified in this Site. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Site Terms.