Terms & Conditions

KITCHENCARAVAN.COM TERMS AND CONDITIONS OF USE

THESE TERMS AND CONDITIONS SET FORTH HEREIN (THE "TERMS OF USE") SHALL GOVERN YOUR VISIT TO AND USE OF THE WEB SITE PROVIDED BY SOMMA INC. ("SOMMA," "US," "OUR," OR "WE") HTTP://WWW.KITCHENCARAVAN.COM (THE "SITE"), AS WELL AS ANY AND ALL SERVICES RELATED TO THE SITE. BY USING THE SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND ANY AND ALL TERMS, POLICIES, GUIDELINES, LAWS, AND REGULATIONS INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

General

We reserve the right to change the terms and conditions of these Terms of Use in our sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting to the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review these Terms of Use from time to time to be aware of the terms and conditions that apply to your use of the Site.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

Submissions

Please note that we do not accept unsolicited materials or ideas for use on our Site, other media or businesses. We are not responsible for the similarity of any of our content to any media or materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against Somma, our directors, officers, employees, owners, licensors, and agents regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.

Site Conduct

The Site is intended to be used for lawful purposes only. When using the Site, you may not engage in any of the following activities on the Site:

  • restrict or inhibit any other user from using or enjoying the Site by any means, including "hacking," "cracking," "spoofing," or defacing any portion of the Site;
  • harvest or collect information about Site visitors without their express consent.
  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  • create a database by systematically downloading and storing Site content;
  • frame or mirror any part of the Site without our prior written consent;
  • interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

Ownership/Copyright/Trademarks

© 2007 Somma Inc. All rights reserved.

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including, without limitation, one or more of the following: text, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Site Content"). This Site also is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. Somma and third party content providers also own copyrights in the original content on the Site.

“Kitchen Caravan” and the Kitchen Caravan logo are trademarks and/or service marks of Somma Inc. Other marks, graphics, typefaces, trade names, and logos appearing on the Site, as well as the look and feel of the site, are trademarks, service marks or trade dress of Somma Inc. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of Somma’s trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance. You may not use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

All other trademarks appearing on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Somma.

Limited License

Somma grants you a limited, revocable, nonsublicenseable license to access and use the Site and to view, copy, and print portions of the Site Content. Such license is subject to the Terms of Use, and specifically conditioned on the following: (i) you may only view, copy, and print portions of the Site Content for your own informational, personal, and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Site or the Site Content other than for its intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content, except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Somma is strictly prohibited and will terminate the license granted herein. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing copyrighted material, and that other than as expressly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights to you.

You represent and warrant that your use of the Site and the Site Content will be consistent with the this limited license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Somma and its officers, directors, employees, owners, licensors, and agents against any liability to any third party arising out of your use of the Site or Site Content not in accordance with these Terms of Use.

Copyright Infringement Claims

If you believe in good faith that any material or content posted on the Site constitutes a copyright infringement please provide our copyright agent named below with the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512, including the following (a "Notice"):

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the alleged infringing material and of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • 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 the copyright owner's behalf.

Our agent for notice of claims of copyright infringement can be reached as follows:

Name: Kent Brittan
Address: P.O. Box 1012, Avon, CT, 06001
Phone: (860) 593-6300
Fax: (860) 675-8261
E-mail: kent@kitchencaravan.com

Third-Party Content

The Site contains content supplied by parties other than us. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Somma. Neither Somma nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Third Party Sites

We may, for your convenience, provide you with links to other Web sites from the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by the Linked Sites. Links to Linked Sites do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on the Linked Sites. You acknowledge and agree that we do not control and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on the Linked Sites.

Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on such other sites, or any loss or damages incurred in connection with such other sites.

YOU AGREE THAT YOUR USE OF THE LINKED SITES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Somma shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT SOMMA AND ITS EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF SOMMA OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOMMA NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we cannot guarantee its absolute security, completeness or correctness, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, please contact us at [INSERT EMAIL ADDRESS] with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

Indemnification

You agree to defend, indemnify, and hold harmless Somma and its directors, officers, employees, owners, licensors and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of (a) your breach of these Terms of Use; and/or (b) your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including without limitation, your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and Member name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

Miscellaneous

These Terms of Use and any operating rules for the Site established by us constitute the entire understanding between you and us with respect to the use of the Site.

We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use this Site are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in New York City, New York State, and waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall not be given any legal import.

If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Permissions

If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. If you are interested in linking to our Site from your site, please send us a request, which we may approve or deny in our sole discretion. Please send any requests for permission to:

Name: Sophia Brittan
Address: Box 1012, Avon, CT, 06001
Phone: (202) 294-8608
Fax: (212) 585-2264
E-mail:info@kitchencaravan.com

Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to info@kitchencaravan.com. You may also contact us by calling us at (202) 294-8608. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Questions

If you have any questions regarding these Terms of Use or your use of the Site, please submit them to us at:

Name: Sophia Brittan
Address: Box 1012, Avon, CT, 06001
Phone: (202) 294-8608
Fax: (212) 585-2264
E-mail:info@kitchencaravan.com

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