Terms of Use

These website terms of use (the “Terms”) are a legal agreement between you  kitchbai Inc. (“kitchbai”, “we”, “us”,  “our”) governing your use of kitchbai.com (the “Website”), any related services made available on the Website (the “Services”),  any content made available on the Website (the “Content”). By accessing  using the Website, Services,  Content, you agree to be bound by these Terms. Any new features, tools, services,  content which are ed to the Website will also be subject to these Terms. If you do not agree to these Terms  the Privacy Policy, you must not use the Website, the Content,  Services. kitchbai’s collection  use of personal information in connection with the Website, the Content,  Services is described in our Privacy Policy  Cookies Policy.

1. Eligibility

The Services are only available to users who can form legally binding contracts under applicable law. By accessing  using the Services, you represent that you are at least eighteen (18) years of age  over the age of majority in the state/country where you are a resident/citizen. Further, some Services (such as placing ders for kitchbai products on the Website  Account registration) are only available to users located in the United States  Canada.

2. Account Registration

The Website, Content,  Services may be used by registered  unregistered users. Certain Services may require a separate account registration from the Website account registration. Some functions may not be available to unregistered users of the Website  Services. During the Website  Services account registration process (as applicable), you will be required to provide certain information  establish a username  a password (“Account”). To register for an Account, you must be at least eighteen (18) years of age  over the age of majority in the state/country where you are a resident/citizen,  located in the United States  Canada. You agree to provide current, complete,  accurate Account information when you register for an Account. You agree to keep your log-in information confidential  not authorize any third party to use it  your Account. We will not be liable for any loss  damage arising from failure to maintain the security of your Account. You agree that we may attribute all use of your Account to you,  that you are responsible for all activities that occur under your Account. We may reject your registration  cancel an existing registration, for any reason, in our discretion.

3. Ownership  Intellectual Property

The Services  Content are protected by copyright, trademark, patent,  other intellectual property  proprietary right laws. All , ownership rights,  intellectual property rights in  to the Content  Services are owned by us  our licensors. All rights are reserved. The Services, Content,  Website may contain certain licensed materials,  our licensors may protect their rights in the event of any violation of these Terms.

All trademarks, service marks, logos, trade names,  any other proprietary designations of kitchbai used herein are trademarks  registered trademarks of kitchbai  our suppliers. You may not use any of our trademarks, logos,  trade dress in connection with any product  service that is not owned  provided by us, in manner that is likely to cause confusion among customers  users,  in any manner that disparages us  our suppliers.

4. Your License to Use the Website, Services  Content

Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access  use the Services,  to access, use, view,  print any Content solely for your personal  internal business purposes. You will not use, copy, adapt, modify, prepare derivative works  d upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast,  otherwise exploit the Services  Content, except as permitted in these Terms.

You will not use the Website, Content,  Services for any unlawful  unauthorized purpose,  in a manner which is inconsistent with these Terms. You will comply with all applicable laws, rules,  regulations in your use of the Website, Content,  Services. Abusive communications of any kind (including threats of abuse  retribution), as well as profanity, are strictly prohibited  will result in immediate termination of access to the Website /or Services. You will not interfere  attempt to interfere with the proper working of the Website  Services.

5. User Feedback

By submitting any ideas, feedback, /or proposals (“Feedback”) to us through the Services, Website,  other means, you acknowledge  agree that: (a) your Feedback does not contain confidential  proprietary information of you  any third party (b) we are not under any obligations of confidentiality with respect to the Feedback (c) we may freely use, reproduce, distribute,  otherwise exploit the Feedback for any purpose  (d) you are not entitled to any compensation of any kind from us.

6. Third-Party  s  Materials

s to third-party websites from the Website are meant for convenience only. We do not review  control these third-party websites  are not responsible for any third-party websites  the content of those sites. We will not be liable for damages associated with  s to third-party websites.

7. Promotions Sponsorships

We may offer sweepstakes, contests,  other promotions (collectively, a “Promotion”)  event sponsorships (“Sponsorship”) through the Website. Each Promotion  Sponsorship will have specific rules that are separate from these Terms. By participating in any such Promotion  Sponsorship, you will become subject to those rules. You should carefully review the applicable rules of each Promotion  Sponsorship in which you participate so that you understand your rights  obligations as a participant  are aware of information specific to the Promotion  Sponsorship, such as our rights to  ownership of any submissions you may make as part of the Promotion  Sponsorship. To the extent that the terms  conditions of the Promotion  Sponsorship conflict with these Terms, the terms  conditions of the Promotion  Sponsorship (as applicable) will control.

8. Consequences of Violating the Terms

We may, in our sole  absolute discretion, take whatever action we deem necessary to preserve the integrity of the Website, Content,  Services. Violation of any of these Terms may result in actions being taken by us, effective immediately  at a time determined by us, which may include without limitation: (a) temporarily suspending your access to the Services,  (b) permanently terminating your access to the Website /or Services. Without limiting the foregoing, we retain the right to decline to provide services to any user who violates these Terms  our Privacy Policy.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE, CONTENT  SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS  CONDITIONS OF ANY KIND, WHETHER EXPRESS  IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE  NON-INFRINGEMENT. kitchbai MAKES NO REPRESENTATIONS, WARRANTY  GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY  COMPLETENESS OF THE WEBSITE, SERVICES  CONTENT. THE WEBSITE, SERVICES  CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT  ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE WEBSITE  SERVICES DO NOT CONSTITUTE ADVICE OF ANY KIND  SHOULD NOT BE RELIED UPON IN ANY WAY. kitchbai IS NOT LIABLE FOR ANY OMISSIONS  ERRORS OF THE WEBSITE, SERVICES  CONTENT. UNDER NO CIRCUMSTANCES WILL kitchbai BE LIABLE TO YOU  ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE  CONSEQUENTIAL DAMAGES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL kitchbai  ANY OF ITS LICENSORS, SERVICE PROVIDERS  SUPPLIERS BE LIABLE UNDER  IN CONNECTION WITH THESE TERMS  ITS SUBJECT MATTER UNDER ANY LEGAL  EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE  OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE  PROFIT  LOSS OF DATA  (B) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED  PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES  DAMAGES  SUCH LOSSES  DAMAGES WERE OTHERWISE FORESEEABLE,  NOTWITHSTANDING THE FAILURE OF ANY AGREED  OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL kitchbai’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 FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to indemnify us  our affiliates, directors, officers, employees, consultants, agents,  suppliers from any costs  damages of any kind, including reasonable legal fees, arising from a claim  demand pertaining to your use of the Website, Content  Services, your breach of these Terms,  your violations of any rights of another.

12. Copyright Infringement, Notice  Takedown Procedures

We respect the intellectual property rights of others  expect our users to do the same. It is kitchbai’s policy, at its discretion  when appropriate, to remove infringing materials  terminate the accounts of users who may infringe  repeatedly infringe the copyright of third parties. If you believe, in good faith, that any materials on the Website  Services infringe upon your copyright, please notify us at:

a) A physical  electronic signature of a person authorized to act on behalf of the owner of the material b) Identification of the copyrighted work claimed to have been infringed c) Identification of the material that is claimed to be infringing including information reasonably sufficient to permit kitchbai to locate it on the Website  Services d) Your name  the mailing ress, telephone number,  email ress where we can contact you e) A statement that you have a good faith belief that use of the material on the Website  Services is not authorized by the copyright owner, its agent,  the law  f) A statement that the information in your notice is accurate,  under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notwithstanding the foregoing, we do not guarantee any action  d upon the receipt of your notice. You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid.

13. Governing Law Jurisdiction  Venue

These Terms  the relationship between you  kitchbai will be governed  construed by the laws of the State of California  the applicable laws of the United States of America, without regard to conflict of law provisions. You hereby consent  submit to the personal  exclusive jurisdiction of the state  federal courts of Santa Clara, California in any action  dispute related to these Terms.

14. Changes to the Terms

These Terms may be revised   d from time to time in our sole discretion. All changes are effective immediately when we post them on the Website,  apply to all access to  use of the Website, Content,  Services thereafter. Your continued use of the Website, Services,  Content following the posting of the revised Terms constitutes your acceptance of the changes. You are advised to check the Terms from time to time for any  s  changes that may impact you. If you do not agree with the revised Terms, you should discontinue your use of the Website, Content  Services.

15. Modifications to the Website  Services

The Website  Services may be modified  discontinued, temporarily  permanently, at any time, with  without notice. You agree that we will not be liable to you  to any third party for any modification, suspension  discontinuance of the Website  Services. We may also impose limits on certain features  restrict your access to parts  all of the Website  Services without notice  liability.

16. Users  Visitors Outside the U.S

kitchbai makes no representation that Content on the Website is appropriate  available for use in locations outside the U.S.,  access to Content from territories where such Content is illegal is prohibited. Those who choose to access this Website from locations outside of the U.S. do so on their own initiative  are responsible for compliance with applicable local laws. You may not use  export the Content in violation of U.S. export laws  regulations.

17. General

These Terms  other terms herein incorporated by reference, constitute the entire agreement between you  kitchbai,  govern your use of the Website, Content  Services, superseding any prior agreement, whether al  written.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision,  the other provisions of these Terms remain in full effect.

The failure of kitchbai to exercise  enforce any right  provision of the Terms will not constitute a waiver of such right  provision.

You will not assign  transfer these Terms, by operation of law  otherwise, without our prior written consent. Any attempt by you to assign  transfer these Terms, without such consent, will be null  of no effect. We may assign  transfer these Terms, at our sole discretion  without restriction  notice to you. Subject to the foregoing, these Terms will bind  inure to the benefit of the parties, their successors,  permitted assigns.

CONTACT INFORMATION

If you have any questions about these Terms,  want to contact us for any reason.