Thank you for selecting the Services offered by Site Kitchen (referred to as “Site Kitchen”, “us”, “our”, or “we”), the primary business of the CR & K Group, LLC. Please review these Terms of Service (referred to as the “Agreement”) thoroughly. This Agreement is a legally binding agreement between you and Site Kitchen.

1. Agreement

This Agreement describes the terms governing your use of the website at http://www.site-kitchen.com as well as the any other related websites, toolbars, widgets, or other distribution channels we may, from time to time, operate (collectively referred to as “Site-Kitchen.com”), and the services provided by Site Kitchen including content, information, applications, software, updates, new releases offered by us or by third party Paid Service providers (collectively referred to as the ‘Services”).

By using the Services, you agree to be bound by this Agreement, whether you are a “Website Administrator” (which means that you use the Service to build or maintain a website (referred to as the ‘Website”)), or a “Visitor” (which means that you are visiting Site-Kitchen.com or any Website). The term “User” refers to a Website Administrator or a Visitor.

This Agreement includes by reference:

  • The Site Kitchen’s Privacy Policy which is available on http://www.site-kitchen.com or can be provided to you in writing;
  • Additional terms and conditions for the Services that you have selected, including from third parties; and
  • Any terms provided separately to you for the Services, including, for example, web or email product or program terms, activation, ordering, pricing, and payment terms, if applicable, for the Services.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in this Agreement. If you are using the Services as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or legal entity, and (ii) you agree to the terms “you” and “your” in this Agreement refers to your company or legal entity.

If you do not agree to these Terms of Service, you must cease use of the Services.

2. Eligibility

Use of the Services is void where prohibited. By using the Services, you represent and warrant that:

  • a. All registration information you provide is truthful and accurate;
  • b. You will maintain the accuracy of this information;
  • c. You are 13 years of age or older; and
  • d. Your use of the Services does not violate any applicable law or regulation.

3. Your Rights to Use the Services and Restrictions

The Services are protected by copyright, trade secret, and other intellectual property laws. Site Kitchen reserves all rights of ownership in the Services not explicitly granted to you in this Agreement. As long as you meet any applicable payment obligations and comply with this Agreement, Site Kitchen grants you a limited, worldwide, nonexclusive, nontransferable right to use the Services that is valid only for the period of use provided in the ordering and activation terms.

You agree not to use the Services or Site-Kitchen.com in a manner that violates any applicable law, regulation, or this Agreement. For example, unless authorized by Site Kitchen in writing, you agree that you will not:

  • Reproduce, duplicate, copy, deconstruct, sell, trade, or resell the Services.
  • Provide access to or give any part of the Services to any third party.
  • Excessively overload the Site Kitchen systems used to provide the Services.

If you violate any of the terms set forth in this Agreement, this Agreement and your right to use the Services may be terminated by Site Kitchen at its sole discretion.

4. Payment

You are responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. You authorize Site Kitchen to charge your credit card, charge card, debit card, PayPal, or financial institution account (referred to as the “Payment Method”) for all charges to your accounts with Site Kitchen. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method.

The following payment terms apply:

  • a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe to the Services and provide your Payment Method information.
  • b. If your payment and registration information is not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse the use of the Services.
  • c. Site Kitchen will automatically renew your annual subscription to the Services, unless the Services are cancelled or terminated under this Agreement.
  • d. Additional cancellation or renewal terms may be provided to you on Site-Kitchen.com for the Services.

5. Taxes

You are responsible for paying any governmental taxes imposed on your use of the Services, including, but not limited to, sales, use, or value added taxes. To the extent that Site Kitchen is obligated to collect such taxes, the applicable tax will be added to your billing account.

6. Money-Back Guarantee

Site Kitchen Services include a 30-day money-back guarantee. If you are dissatisfied with the Services for any reason, you will receive a full refund (minus domain name registration) if you cancel your subscription within 30 days of the activation of your account. The 30-day money-back guarantee does NOT apply to domain name registration. Once you purchase your domain name, you are its owner and it cannot be “returned”.

7. Privacy Policy

You can view Site Kitchen’s Privacy Policy on the Site-Kitchen.com. You agree to be bound by Site Kitchen’s Privacy Policy, subject to change in accordance with its terms.

8. Password

Upon subscripting for the Services, you will be asked to create a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify Site Kitchen immediately of any unauthorized use of your password or account or any breach of security. You understand that we reserve the right to take legal action against individuals who misuse accounts and the Service.

9. Content

You control the Websites you create or maintain using the Services, and are responsible for their content. You are legally responsible for all information, data, text, music, software, files, images, photos, videos, sounds, graphics, messages, comments, or other materials (referred to as the “Content”) uploaded, posted or stored by you or your Users through your use of the Services. Therefore, Site Kitchen takes no responsibility for any Content located in your Website. Site Kitchen may, but has no obligation to, monitor your Website and Content. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service.

You grant Site Kitchen a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, nonexclusive license to host and use the Content in order to provide you with the Services. You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal, or international law.

Site Kitchen may archive your Content for safe-keeping against Service failures. However, Site Kitchen encourages you to archive your Content regularly and frequently. You are responsible for any lost or unrecoverable Content through your use of the Services. Site Kitchen makes no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on Site Kitchen systems, and you should independently archive your Content.

You must provide all required and appropriate warnings, information, and disclosure.

The following is a partial list of the kind of Content and activity that is prohibited through the use of the Services. Site Kitchen reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. Site Kitchen further reserves the right to investigate and take appropriate legal actions against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to:

  • a. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable Content of any kind, including, without limitation, conduct that would encourage or constitute an attack, bullying, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), or criminal or civil liability under any local, state, federal or international law;
  • b. Content that contains nudity or graphic or gratuitous violence;
  • c. Communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
  • d. Content that would impersonate someone else or falsely represent your identity or qualifications, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
  • e. Involves sending or otherwise posting unauthorized commercial communication (such as for example spam, advertisements, solicitations, investment opportunities, chain letters, or pyramid schemes);
  • f. Solicits login information or accessing an account belonging to someone else;
  • g. Solicits or posts personal identifying information from other users, or knowingly collects any information from minors under the age of 13;
  • h. Virus, trojan horse, worm, or other disruptive or harmful software or data;
  • i. Any information or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner;
  • j. Makes automated use of the Site Kitchen systems, such as for example using scripts, bots, spiders, or scrapers, to send messages, log into accounts, or collect Content or account information;
  • k. Interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services;
  • l. Provides false personal information on the Site-Kitchen.com or any Website, or creates an account for anyone other than yourself without permission;
  • m. Involves selling or otherwise transferring your account without prior permission;
  • n. Creates or maintains a Website that redirects to another website, or stores or hosts Content for loading by other web pages;
  • o. Uses the Services to hyperlink to Content not permitted by this Agreement;
  • p. Facilitates or encourages any violation of these Terms of Service.

10. Marks

Site Kitchen trademarks, logos, service marks, images, trade names, and other branding features used in connection with the Services are the property of Site Kitchen and may not be used without permission. Other trademarks that appear on the Services are the property of their respective owners.

11. Templates and Themes

All templates and themes offered by the Services are copyrighted material and considered part of the Services.

12. Copyright Infringement

You may not post, modify, distribute, or in any way reproduce any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Site Kitchen to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner and you believe that any content hosted by Site Kitchen infringes on your copyrights, then you may submit a notification pursuant to the DMCA by providing the following information in writing:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the Content.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  • Your address, telephone number, and email address;
  • A written statement by you that you have a good faith belief that the disputed used is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

The fastest way to reach Site Kitchen is by telephoning Site Kitchen using the contact information located on Site-Kitchen.com.

As a Website Administrator, you agree to have a policy for removing infringing Content and terminating repeat infringers that complies with the DMCA. In addition, you agree to promptly address (no later than 24 hours) any copyright owner’s written notice, including any notices forwarded to you by Site Kitchen, provided that the notice substantially complies with the requirements of the DMCA. Site Kitchen may remove any allegedly infringing Content without any liability to you or to the User that posted such Content. You are solely responsible and liable for complying with all applicable laws in connection with your Website.

13. Your Website Subdomain

Upon registering for your account, Site Kitchen will give you ability to choose your own subdomain of Site-Kitchen.com for your Website (for example “my-website” in http://my-website.site-kitchen.com) (referred to as the “Subdomain”). Site Kitchen maintains ownership of the Subdomain and grants you a limited, nonexclusive, nonsublicensable, nontransferable, freely revocable, license solely to use the Subdomain. Site Kitchen recommends that you purchase a custom domain name.

14. Email

Accounts may have email services provided by an independent third party email services vender (referred to as the “Email Vendor”). Site Kitchen is not responsible for the actions or inactions of the Email Vendor, or the unavailability or malfunction of the Email Vendor’s network or services. In the event of a dispute with the Email Vendor, you agree to release Site Kitchen from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes.

15. Site Kitchen Communications

You agree that Site Kitchen may send notifications to you via email or, written or hard copy notice, or through conspicuous posting of such notifications on Site-Kitchen.com, as determined by Site Kitchen in its sole discretion, whether such notifications are required by law or are related to the Service. By providing Site Kitchen your email address, you consent to our using the email address to send you Service-related notices, including notices required by law, in lieu of communication by postal mail.

We may also send you other messages, such as updates, newsletters, user communications, changes to features of the Service, or Site Kitchen offers. If you do not want to receive such messages, you may opt out by contacting Site Kitchen. Instructions for opting out may be included in these messages. Site Kitchen reserves the right to send you notices about your account even if you opt out of all voluntary notifications.

16. Third Parties

You agree to comply with the license and restrictions applicable to Content you post, copy, access, or use. Content from other Users or third parties may be made available to you through the Website, the Services, or Site-Kitchen.com. The inclusion of any such Content on the Websites, the Services, or on Site-Kitchen.com does not imply our affiliation or endorsement of such Content. Because Site Kitchen does not control any such Content, you agree that Site Kitchen is not responsible for any such Content, including without limitation, any advertising about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of any such Content. Your interactions with other Users or third parties on the Websites, the Services, or Site-Kitchen.com, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the User or third party. You agree that Site Kitchen is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s or third party’s use or disclosure of your personal information. If there is a dispute between you and any User or third party, Site Kitchen is under no obligation to become involved. You release Site Kitchen, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with third parties or other Users. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

17. Subscription Cancellation

You may cancel your subscription or any part of the Services at any time by contacting Site Kitchen. If the cancellation is not within 30-days of activation, Site Kitchen will not refund any payments upon such termination or cancellation and Site Kitchen shall not be required to refund, redeem, or pay amounts to you upon termination or cancellation of Service. Upon termination of your subscription with Site Kitchen for any reason, Site Kitchen reserves the right to:

  • Collect all charges, fees, commitments and obligations incurred or accrued by you;
  • Delete any of your Content, listings, messages, comments, or other information in connection with your subscription;
  • Prohibit access to your account, including without limitation by deactivating your password;
  • Refuse future access to the Service.

In no event shall Site Kitchen be required to return any of your Content upon termination of Service.

18. Indemnity

You agree to indemnify, defend, and hold harmless Site Kitchen, its subsidiaries, and affiliates, and their respective officers, agents, employees, partners, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to:

  • Any Content you submit, post, transmit, or make available through the Services;
  • Your use or misuse of the Services;
  • Your connection to the Services;
  • Your breach or alleged breach of this Agreement; or
  • Your violation of any rights (including intellectual property rights) of a third party.

Site Kitchen reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Site Kitchen. You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Site Kitchen. Site Kitchen will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

19. Disclaimer of Warranties

YOUR USE OF THE SERVICES, SITE-KITCHEN.COM, THE WEBSITES, AND CONTENT IS ENTIRELY AT YOUR OWN RISK, EXCEPT, AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITE KITCHEN, ITS SUCCESSORS, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS THE “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. SITE KITCHEN, ITS AFFILIATES, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION.

SITE KITCHEN, ITS AFFILIATES, AND ITS SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIBABILITY OF SITE KITCHEN AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DIR THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, SITE KITCHEN AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING:

  • 1. INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES;
  • 2. DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNINCATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET THE SITE KITCHEN SYSTEMS REQUIREMENTS.

THE ABOVE LIMITATIONS APPLY EVEN IF SITE KITCHEN AND ITS AFFLIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEEMENT SETS FORTH THE ENTIRE LIABILITY OF SITE KITCHEN AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

21. Changes to the Agreement or the Services

Site Kitchen may change this Agreement from time to time. The changes will be effective when posted on Site-Kitchen.com or when we notify you by other means. Please review the Agreement periodically for changes. Site Kitchen retains the right to change any of the terms of this Agreement upon reasonable notice to you. Site Kitchen may also change or discontinue the Services, in whole or in part, including but not limited to, the pricing, technical support options, and other product-related policies. Your continued use of the Services after Site Kitchen notifies you of any changes, indicates your agreement to the changes.

22. Termination

Site Kitchen may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Site Kitchen’s rights to any payments due to it.

23. Governing Law and Jurisdiction

Indiana state law governs this Agreement with regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Site Kitchen agree to the exclusive jurisdiction of state courts in Hamilton County, Indiana, USA or federal court for the Southern District of Indiana. Site Kitchen does not represent that information on the Services is appropriate or available for use in all countries. Site Kitchen prohibits accessing Content from countries or states where such Content is illegal. You are accessing the Services and Websites hosted by Site Kitchen on your own initiative and you are responsible for compliance with all applicable laws.

24. Language

Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern.

25. General

This Agreement is the entire agreement between you and Site Kitchen and replaces all prior understanding, communications, and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by written amendment signed by the parties or as provided in this Agreement in Section 20 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone without prior written approval of Site Kitchen. However, Site Kitchen may assign or transfer it without your consent to (a) another company through a sale of assets by Site Kitchen or (b) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement or if your company is acquired or merged into another company, contact Site Kitchen.

[Last updated February 17th, 2011]