04_Terms

Website Terms of Use

This Website Terms of Use (“Agreement”) is a binding agreement between you (“User” or “you”) and The Kitchen Table Guild LLC (“Company”). This Agreement governs your use of the website (the “Website”).

BY USING THIS WEBSITE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT UTILIZE THE WEBSITE.

No Relationship or Affiliation. Registration for a User Account does not form any relationship between you and the Company or between you and any other site users; use of “Guild” in the Company name is for branding purposes only and does not designate an actual affiliation. You are responsible for the fulfillment of any and all tax obligations that may arising from the delivery of services facilitated through the Website.

User Contributions. You are solely liable for any User Contributions and all other website activity that may take place using your account. If you make User Contributions, you have provided consent for such Contributions to be posted on the Website, meaning that they will become public information. By making a User Contribution, you provide us with a license to use this information however we see fit and without restriction. You acknowledge that we are not liable for and have no form of control over User Contributions, and that each user is responsible for and could potentially be subject to legal liability for his or her own Contributions. You agree that your contributions will be accurate, lawful, appropriate, and will not violate this or any other Agreements that you may have with us. We reserve the right to alter or entirely remove any User Contributions according our discretion.

Collection and Use of Your Information. You acknowledge that when you use the Website, we may require you to provide certain information or use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device or computer, and about your use of the Website. All information we collect through or in connection with this Website is subject to our Privacy Policy at http://www.thekitchentableguild.com/privacy. By using and providing information to or through this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

. We have no control over the services offered, delivered or received by Users of the Website or over the actions of Users in connection with the offering or receiving of services. As such, we make no representations about the services sold on the Website, and are not liable for any actions related to the services offered. Users assume the risk of utilizing the Website

and any services offered.

All Website users are independent contractors and have no partnership or other relationship with us in connection with their offering or delivery of services. We are not responsible for setting of rates or for actions, activities or behavior of providers or recipients of services arising from use of the Website. Many users providing services are not professionals and the posting of service offers on the Website is no indication of licensure, certification, insurance coverage, bonding, or any other qualification.

We do not vet or control the truthfulness or accuracy of the information posted by users in their descriptions of services offered or services desired, or in reviews by users.

Those offering services or receiving services agree to have feedback, reviews and testimonials about their past delivery of services posted on the Website without opportunity to edit or approve the content.

The Website, or any information or contents accessed thereon, may not be used to solicit business or sell products or services outside of the scope of the services specifically offered and posted.

Geographic Restrictions. The Content and Services are based in the state of North Carolina in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

Modifications of this Agreement. We may update this Agreement from time to time and reserve the right to do so. If we make material changes, we will post the new Agreement on this page. The date the Agreement was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you and for periodically visiting this Agreement to check for any changes.

Restrictions on Use. You agree that you will not (a) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website; (b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website or any part thereof; (c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or

2

proprietary rights notices from the Website, including any copy thereof; (d) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website; (e) publish or otherwise submit material that is unlawful or inappropriate; (f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, or any features or functionality of the Website, to any third party for any reason; (g) engage in any activities that are aimed at accessing the Website’s data or its network without authorization, or that otherwise compromise the Website or its network.

Force Majeure. In the case of any unforeseen circumstances that are beyond reasonable control, including acts of God, political actions, strikes, natural disasters, and the like, we are not liable for any nonperformance or interruption in services provided through this Website.

Third-Party Materials. The Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Term and Termination. The term of this Agreement commences when you use the Website and will continue in effect until terminated by you or Company as set forth below. You may terminate this Agreement by ceasing use of the Website. Company may terminate this Agreement at any time without notice if it ceases to support the Website, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice and your User Name and registration will be inactivated if you violate any of the terms and conditions of this Agreement. Termination will not limit any of our rights or remedies at law or in equity.

Disclaimer of Warranties. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES

3

THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT AND SERVICES FOR:

PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEBSITE

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY IS NOT LIABLE FOR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE ON BEHALF OF THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, harm interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Website or your breach of this Agreement, including but not limited to the content you submit or make available through this Website.

4

Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in the city of Raleigh and Wake County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Contact. Questions regarding these terms of use can be directed to hello@thekitchentableguild.com. 

Pin It on Pinterest