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Terms Of Use

Terms and Conditions

Welcome to eKitchenWorld.com (“Web Site”).  eKitchenWorld, Inc. (“we” or “us”) owns and operates this Web Site.  Please take a few minutes to review these Terms and Conditions.  These Terms and Conditions apply to your accesses and use of the Web Site.  Your use of the Web Site constitutes your agreement to follow these Terms and Conditions and to be bound by them.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice.  For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.

Restrictions on Use

As a condition of your use of this Web Site you agree that you will not:  (a) reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (except to the extent expressly permitted by applicable law); (b) remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the products and/or the Web Site; (c) remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site or the products; or (d) make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of HTML links to or from the Web Site) all or any part of the Web Site or any materials contained on it.

Unlawful or Improper Use

You must not use the Web Site for any unlawful purposes or violate the security of the Web Site.

Usernames and Passwords

If you register an account with us, you must establish a user name and password.  You must keep your user name and password confidential at all times. Any breach of these Terms and Conditions by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these Terms and Conditions. You must take appropriate security measures to prevent unauthorized disclosure of your user name and password and you must notify us immediately if your password becomes known to any unauthorized user. You must notify us of any changes to your registration details.

Content and Intellectual Property Rights

All of the content and materials on the Web Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by us.  Your use of the trademarks, service marks, trade dress and copyrighted material displayed on the Web Site is strictly prohibited.  You may download, print and store selected portions of the content and materials provided that you (a) only use these copies for the content for your own personal, non-commercial use, (b) do not copy of post the content on any network computer or broadcast the content in any media, or (c) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.  No right, title or interest in any downloaded materials is transferred to you.  We reserve all right, title and interest and intellectual property rights in any content.  Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content.

Disclaimer and Limitations of Liability

THIS WEB SITE AND ALL CONTENT IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES.  THEREFORE, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY, AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE OR PRODUCTS OBTAINED FROM THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ONE OF OUR AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEB SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
You are solely responsible for your use of the Web Site, all products obtained through the Web Site, any username, password and any information made available on the Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use.
We do not warrant that the Web Site will be uninterrupted or error free and we are not responsible for the non-performance or interruption of the Web Site or for any viruses transmitted through the Web Site.

Indemnification

You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, successors and assigns from any and all claims, liabilities, costs and expenses (including reasonable attorneys’ fees) arising in any way from your use of the Web Site or products purchased from the Web Site

Links to Other Web Sites

Any links from the Web Site to third party web sites do not constitute an endorsement by us of any products or services available on such web sites. Your use such links is entirely at your own risk and we are not responsible for the content or use of such web sites or information contained in them.

Inaccuracy Disclaimer

From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Product Pricing

The prices for all products are clearly marked in their description and are in U.S. Dollars. We reserve the right to change the prices of any products without notice to you.  All delivery charges are also displayed on the Web Site.

Price Reductions

We will refund you the difference between the original price and a sale price for a product that you purchased only if you notify us within one week after the initial date of purchase and request a refund for the difference.

Product Availability

The availability of products may change without notice to you.  If you order a product and it is not available for shipping, we will notify you of the same.  We will notify you when the product becomes available and we will ship the product in accordance with your shipping instructions at the time you initially ordered the product.  We may substitute the same product in a different color or pattern if the product ordered is not available at the time of shipment.

Special Offers and Promotions

Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer.”  This can include a gift with a purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase.  These offers may be for a limited time only.

Conclusion of Sale

We reserve the right to accept and/or cancel any order for products that you place with us.  We will not be liable to you if we do not accept or cancel your order.  We will notify you of any non-acceptance or cancellation.  Your receipt of a confirmation of your order is not binding upon us and does not constitute our acceptance of your order.

Use of Products

Use of products purchased from our Web Site is at your sole risk and responsibility.  We are not responsible or liable for your use of any products.

Delivery and Shipping

Our delivery times are estimates only.  We are not responsible for delays caused by software or hardware failures or by carriers.  Click here for our Shipping Policy.

Payment

Payment is to be made by credit card, debit card or PayPal, at the time you place your order.  When you submit your order you authorize us to charge your card or PayPal account for the total amount of the order, including all shipping charges and taxes.  If a product that you ordered is unavailable or is on backorder for more than 30 days, we will not charge your card until the product is shipped to you.  If a product that you order is on backorder for more than 30 days, we will notify you and cancel your order for the backordered product.  If you pay for your order using PayPal, your account will be charged immediately upon submission of your order.  If you paid using a PayPal account and you have already been charged for the unavailable or backordered product, we will issue a refund to the PayPal account.

Privacy Policy

Click here for our privacy policy.

Termination

We reserve the right to terminate this agreement and your access to the Web Site at any time and without notice, for any reason whatsoever. We also reserves the right to bar anyone from using the Web Site.

Contact

You may contact us about any problems, questions or comments regarding the Web Site or products by clicking here.

User Comments

We welcome your comments about our Web Site. All comments, product reviews, feedback, notes, messages, suggestions, ideas or other any other communications not mentioned here sent to our Web Site shall be and remain our exclusive property. Your submission of any such comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments.  We will be entitled to us, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any comments that you do  not wish to assign to us, including any confidential information or other original creative materials, such as stories, product ideas, computer code or original artwork. You are and shall remain solely responsible for the content of any comments you make.

General

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia.  You expressly consent to the exclusive jurisdiction of the state or federal courts located in Norfolk, Virginia in all disputes arising out of or relating to the use of the Web Site or the provision of products by us.

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