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.
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:
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.
Use of the Services is void where prohibited. By using the Services, you represent and warrant that:
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:
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.
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:
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.
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”.
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.
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:
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.
All templates and themes offered by the Services are copyrighted material and considered part of the Services.
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:
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.
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.
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.
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.
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.
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:
In no event shall Site Kitchen be required to return any of your Content upon termination of Service.
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:
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.
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.
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:
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.
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.
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.
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.
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.
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]