ChoosyKitchen Terms of Service
ConsumerSearch, Inc. (“ConsumerSearch”, “ChoosyKitchen”, “we”, “us” or “our”) provides the ChoosyKitchen.com site (the "Site") and the offered services and features (the "Services") subject to these Terms of Service (“Terms of Service”). By using the Site and Services, you are deemed to accept and be bound by these Terms of Service, INCLUDING A MANDATORY ARBITRATION OF DISPUTES CLAUSE AND CLASS ACTION WAIVER CONTAINED IN SECTION 16 BELOW. If you do not accept these Terms of Service, please discontinue using the Site and Services. Your use of the Site or a service included within the Site may also be subject to additional terms that govern particular services, offers, or features, or special promotions or contests or sweepstakes (the “Additional Terms”). In the event that any of the provisions in these Terms of Service conflict with Additional Terms provided with any particular service, then these Terms of Service shall control. The Terms of Service applies regardless of the device used to access the Site and/or Services (e.g., personal computer, a mobile device or any other technology or software known today or developed in the future).
- Modification of These Terms of Service
These Terms of Service may change from time to time, without any notice other than posting on the relevant page. Your continued use of the Site and Services following our posting of changes constitutes your acceptance of any such changes. Please check this page from time to time for current Terms of Service.
- Your License to Access Content on Site
All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of ConsumerSearch, or respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. You are granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser for non-commercial use only. You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to the Site, Services, or any content accessible through the Site or Services. Any rights not expressly granted in these Terms of Service are reserved by ConsumerSearch.
In your use of the Site and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.
- Age Restriction
The Site and Services are not intended for children under 13 years of age, and you may not use the Site or Services or create a user profile, if applicable, if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
- Code of Conduct
When using any portion of and/or functionality on or through the Site or Services, you agree to abide by the following Code of Conduct.
- You may not:
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
- Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
- Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
- Modify the Site or Services in any manner or form, or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
- Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without the prior written permission of ConsumerSearch;
- Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
- Access the Site or Services by any means other than through the interface that is provided by ConsumerSearch;
- Violate the restrictions in any robot exclusion headers on the Site or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site or Services;
- Collect or store personal data about other users of the Site or Services;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally.
- No Automated Querying
You may not send automated queries of any sort to the Site, including:
- using any software which sends queries to determine how a website or webpage "ranks" for various queries;
- "meta-searching"; and
- performing "offline" searches on the Site.
- You agree not to use the Site or Services to:
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
- Harm or threaten to harm anyone in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including a ConsumerSearch agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Disseminate or transmit any content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or any other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Manipulate identifiers in order to disguise the origin of any comment you post on the Site;
- Post any content or submit any feedback that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or
ConsumerSearch reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of these practices or otherwise violated these Terms of Service. Such action may include removing any of your content, cancelling the account of any user ConsumerSearch believes to be in violation of the Terms of Service, terminating your license to access the Site or use the Services or initiating civil or criminal legal proceedings. Internet transmissions are never completely secure.
- You may not:
- Feedback and Email Newsletter Terms
You must provide your name and email address to submit feedbacks. By providing your name and email address to us, you agree that we can send you email communications in connection with the feedback feature. If you opt in to receiving the ChoosyKitchen newsletter, we will also send you emails with news and updates about ChoosyKitchen’s products and services. You can choose at any time to no longer receive emails by contacting us at firstname.lastname@example.org or by clicking “unsubscribe” at the bottom of each email sent by ChoosyKitchen.
If you choose to forward content from the Site via email, you agree that you will forward such content only to willing recipients known to you and that you will not use the Site or Services for engaging in spam or other unauthorized conduct.
- Use the Site and Services at Your Own Risk
The Site and Services include links to other websites or resources. Because ConsumerSearch has no control over such sites and resources, you acknowledge and agree that ConsumerSearch is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which ConsumerSearch has no control and which will govern your rights and obligations with respect to the use of those websites.
To offer use of the Site and Services to its users for free, ConsumerSearch allows advertisers to display advertisements on the Site. Your dealings with advertisers and third party vendors found on or through the Services and/or on the Site, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. ConsumerSearch does not make any representations or warranties with respect to any goods, services or websites that appear in advertisements and you agree that ConsumerSearch will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/or third party vendors. You understand that there is an inherent risk in submitting content to the Site and/or Services, and that any communications may be subject to interception by a third party.
You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. In addition, if you rely on the accuracy, completeness, or usefulness of any linked third party websites or resources, you do so solely at your own risk. Under no circumstances will ConsumerSearch be liable in any way for such content, including, but not limited to, for any errors, omissions or misrepresentations in any linked third party website, or for any loss or damage of any kind incurred by you as a result of your use of, or reliance on, any linked third party website.
You acknowledge, consent, and agree that ConsumerSearch may access, preserve, and disclose your account information and/or any content you submit or make available for inclusion on the Site and/or Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Service; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of ConsumerSearch, its users, and the public; or (5) to respond to your requests for customer service.
- Modifications to the Services
ConsumerSearch reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that ConsumerSearch will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
- Termination of Your Access to the Services
We may terminate your use of the Site and/or Services or account in our sole discretion due to: (i) your violation of these Terms of Service; or (ii) if we consider, in our sole discretion, that (a) certain comments you have posted are inappropriate, (b) your use of the Site or Services or your behavior does not meet our standards or (c) you have otherwise violated these Terms of Service. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that ConsumerSearch may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Site or Services. If you use the Site or Services in violation of these Terms of Service, ConsumerSearch may, in its sole discretion, retain all data collected from your use of the Site or Services. Further, you agree that ConsumerSearch shall not be liable to you or any third party for the discontinuation or termination of your access to the Site or Services.
BY USING THE SITE AND SERVICES YOU UNDERSTAND AND AGREE THAT:
- THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. CONSUMERSEARCH IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
- YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONSUMERSEARCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR CONSUMERSEARCH’S PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- CONSUMERSEARCH MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE.
- ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL.
- Limitation of Liability
YOU UNDERSTAND AND AGREE THAT CONSUMERSEARCH, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
- THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES,
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA,
- THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE,
- RELIANCE ON CONTENT OR POSTINGS ON THE SITE, OR
- ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT CONSUMERSEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold ConsumerSearch, its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these Terms of Service, or (e) your violation of any rights of another party.
- Copyright and Trademark Protection
We own all right, title and interest in and to the Site, the products and Services offered on the Site as well as our logos, tradenames, and trademarks (the "ChoosyKitchen IP”). The ChoosyKitchen IP is protected by U.S. and international intellectual property laws (including, copyright and trademark). Except as otherwise allowed under these TOU, you agree not to copy, display, or use the ChoosyKitchen IP in any manner without ConsumerSearch's prior written permission. To seek permission to use any of the ConsumerSearch IP, please contact ConsumerSearch in writing at the following address:
Attention: Legal Department
555 12th Street, Suite 400
Oakland, CA 94607
- Notice for Claims of Copyright Infringement
ConsumerSearch respects the intellectual property rights of others and requires those that visit the Site and use the Services to do the same. ConsumerSearch may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or Services that infringes upon the copyright rights of others. ConsumerSearch also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our Services repeatedly infringe on others' copyrights, ConsumerSearch may in its sole discretion terminate those individuals' rights to use the Site and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy.
If you believe that your work has been used on ChoosyKitchen.com’s Site or in connection with its Service in any manner that constitutes copyright infringement, please notify ConsumerSearch’s copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the Site or Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
The contact information for ChoosyKitchen’s copyright agent for notice of claims of copyright infringement on the Site and/or in connection with the Services is:
Mail: ChoosyKitchen Copyright Agent at ConsumerSearch, Inc.
Attn. Legal Dept
555 12th Street, Suite 400
Oakland, CA 94607
- Applicable Law
These Terms of Service and the relationship between you and ConsumerSearch are governed by the laws of the State of California without regard to its conflict of law provisions.
- Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
Except as otherwise provided in this section 16, by using the Site and Services, you and ConsumerSearch agree to submit any disputes arising from the use of the Site or Services or any interpretation, violation, non-performance, termination or invalidity of these Terms of Service or this arbitration provision (including questions of its formation and enforceability) to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, which can be found here, by one or more arbitrators appointed in accordance with those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California as set forth in section 15 above. You agree to submit to binding arbitration in either San Francisco, California or your county of residence. ConsumerSearch will agree to commence arbitration in your county of residence. At your written request, ConsumerSearch will consider any requests to advance or reimburse any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse ConsumerSearch for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
- Class Action Waiver
Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor ConsumerSearch will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.
- NO RIGHT TO JURY TRIAL FOR ARBITRAL CLAIM.
YOU AND CONSUMERSEARCH ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION 16 IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, CONSUMERSEARCH, OR CONSUMERSEARCH INDEMNIFIED PARTIES, BOTH YOU AND CONSUMERSEARCH STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement does not preclude claims by ConsumerSearch to enforce its intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in San Francisco, for provisional remedies, including temporary restraining order, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized in this section 16.
- Severability of These Terms of Service
If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms of Service shall continue in full force and effect.
- Limitation of Actions Brought against ConsumerSearch You agree that any claim or cause of action arising out of your use of the Site or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ConsumerSearch to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
- Third Party Beneficiaries
You agree that, except for ConsumerSearch, Inc. and as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to this agreement.
- Section Titles
The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.
- Contact Information
If you have any questions or concerns with respect to these Terms of Service or Site and Services, please see our Customer Support Page here.