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ColbrookKitchen Terms of Use (last updated May 25, 2018) 

Welcome to the Terms of Use for Colbrook Kitchen. Users of our website (the "Site") are provided with a variety of information and services, including search capabilities, access to reviews, the ability to submit reviews for other users, and shopping opportunities, including Frequent Buyer Incentive Programs (collectively, the "Colbrook Kitchen Service"). By using the Site, you are agreeing to comply with and be bound by these Terms of Use. Please review the Terms of Use carefully. If you do not agree to any of these Terms of Use, then you probably should not use the Site.

The term "Colbrook Kitchen" or "us" or "we" refers to Kochloeffel LLC, the owner of the Site. The term "you" refers to the user or viewer of the Site.

We place the utmost importance on your security and privacy, and the safety of any information you have shared with us. You can review our Privacy Policy, including data retention, data processing, data anonymity and erasure procedures, and related information, here.

We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting amended Terms of Use on the Site. Your continued use of the Colbrook Kitchen Service indicates your acceptance of the amended Terms of Use. If you do not agree with the Terms of Use at any time, then you may “opt-out” and terminate your relationship with the Site. If you subsequently establish a new relationship with the Site, then it will be subject to the then-current Terms of Use.

Limitations of Use

Your license for access to and use of the Colbrook Kitchen Service and any information, materials and documents on the Site are subject to the following restrictions and prohibitions on use: (a) You may not copy, reproduce, distribute, republish, display, post, or transmit any material contained on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Colbrook Kitchen; (b) You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not "mirror" any material contained on the Site on any other server. Any unauthorized use of any content on the Site may violate applicable copyright laws, trademark laws, laws of privacy and publicity, and communications statutes and regulations. Elements of the Site that are licensed to us are subject to the same conditions.

Access to Service

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Site, without attribution, is prohibited. You agree not to monitor or copy, or to allow others to monitor or copy, our web pages or any content included on the Site. You also agree not to "frame" or otherwise simulate the appearance or functionality of the Site. Furthermore, you agree not to take any action that interferes with the proper working of, or places an unreasonable load on, our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Links to Third Party Sites

The Site may contain links to web sites controlled, owned, and/or operated by third parties (the "third-party sites"). Colbrook Kitchen cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that the use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Colbrook Kitchen of such sites or the content, products, advertising, or other materials presented on such sites (except as expressly stated on the Site), but are for your convenience and that you may access them at your own risk. Third-party sites may have a privacy policy different from that of Colbrook Kitchen and the third-party sites may provide less security than the Site. We are not responsible for the content of any third-party sites, and we do not make any warranties or representations, express or implied, about the security or content (or the accuracy of any such content) on any third-party sites. We shall have no liability of any nature whatsoever for the security, or any failure of products or services offered or advertised, at third party sites, or otherwise.

Reviews

You retain all of your ownership rights in and to any reviews, ratings, or other content that you submit to the Site (“Submissions”). Your Submissions also grant to Colbrook Kitchen a non-exclusive, royalty-free, global, and perpetual license to use, display, reproduce, sublicense, transfer, modify and publish all or any portion of such Submissions in connection with the Site. Colbrook Kitchen shall not be subject to any obligations of confidentiality regarding Submissions, except as expressly agreed by Colbrook Kitchen or as otherwise required by applicable law. This shall not be construed, in any manner, as limiting our rights and responsibilities under our Privacy Policy.

You may delete all or any part of your Submissions at any time and the license granted to Colbrook Kitchen shall terminate upon your deletion of such Submissions from the Site.

Indemnification

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Kochloeffel LLC and any of its officers, employees, agents, subsidiaries, and affiliates, from any direct, indirect, incidental, special, consequential, or exemplary damages assessed by a court of competent jurisdiction, resulting from your use of the Site.

Termination

You agree that we may, with or without cause, terminate your Colbrook Kitchen account, and your access to the Site, without prior notice. Without limiting the foregoing, the following will lead to termination of your use of the Site and the Colbrook Kitchen Service: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems caused by you. Termination of your Colbrook Kitchen account includes removal of access to all offerings within the Colbrook Kitchen Service and may also bar you from further use of the Colbrook Kitchen Service. All terminations shall be made in our sole discretion and we shall not be liable to you or any third-party for any termination of your account or your access to the Colbrook Kitchen Service.

You further agree that you will not: (a) submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy, publicity, or moral rights, unless you are the owner of such rights or have permission from their rightful owner to post such material and to grant to us all of the rights granted herein; (b) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, in our sole judgment and discretion; (c) post advertisements or solicitations of business; or (d) impersonate another person.

Intellectual Property Complaints

We respect the intellectual property rights of others and we will prohibit users from uploading, posting or otherwise transmitting on the Site, or in connection with Colbrook Kitchen Service, any materials that violate a third party's intellectual property rights. If we receive proper notice of any such violation, then we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of infringers, in accordance with the US Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any intellectual property right that you own or control, then you may send a written notification to our Data Protection Officer.

Repeat Infringer Policy

In accordance with the US Digital Millennium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. In our sole discretion, we also may limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimer of Warranties

Neither Colbrook Kitchen, nor any of its affiliates, service providers, or any of their respective officers, directors, employees, agents, independent contractors, or licensors (collectively the "Colbrook Kitchen parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of the Site, or any of the content on the Site.

The Site and all of its content is provided "as is" and "as available," without any warranty, either express or implied, as to the availability of products or the ability to back-order products in excess of current inventory, any errors or omissions in content on the Site, and including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Any warranties made by manufacturers are separate and apart. The Site could contain technical inaccuracies or typographical errors. There are no warranties as to the results of your use of the content; use the Site at your own risk.

The Colbrook Kitchen parties do not warrant that the Site is free of bugs, viruses, errors, program limitations, or other harmful components. This does not affect any warranties which are incapable of exclusion, restriction, or modification under applicable laws.

Colbrook Kitchen may discontinue or make changes in the content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its original publication date only, and the Colbrook Kitchen parties do not undertake any obligation or responsibility to update or amend any such information. Colbrook Kitchen reserves the right to terminate any or all site offerings or transmissions without prior notice to you.

Limitations of Liability

Except as otherwise provided in these Terms of Use, under no circumstances will the Colbrook Kitchen parties be liable for any damages, including general, special, direct, indirect, incidental, consequential, punitive, or any other damages of any kind, whether in an action in contract or negligence, arising or relating in any way to anyone’s use of, or inability to use, the Site, any content on the Site, or any third-party site to which the Site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer bug or virus, program limitations, line or system failure, or any other reason, even if the Colbrook Kitchen parties, or any of their representatives, are advised of the possibility of such damages. Colbrook Kitchen is not liable for any defamatory, offensive or illegal conduct by any user. Your sole remedy for dissatisfaction with the Site is to stop using the Site. If your use of products purchased through the Site results in any damages, then the entire liability of the Colbrook Kitchen parties will be limited to the amounts actually paid by the purchaser of such products for such products. If your use of materials from the Site results in the need for servicing or repair of your computer equipment that you used to access the Site, or correction of your data, you assume any costs thereof. If any of the foregoing limitations is found to be invalid, then you agree that the entire liability of the Colbrook Kitchen parties for all damages, losses, or causes of action of any kind or nature will be limited to the greatest extent permitted by applicable law.

Special Provisions for Residents of The European Union

Colbrook Kitchen is a “Small Business” within the definitions in the laws of the United States, and is located solely in the State of California: it has no presence of any kind in any Member State of the European Union. All product purchases through the Site occur in the State of California and those products are delivered to your shipping agent, that you paid for in connection with your purchase. If you are a prior customer, resident of a Member State of the European Union, then we already have received your consent; if you wish to opt-out, then please do so HERE. If you are a new customer, then please follow this LINK to setup your Account, in accordance with these Terms of Use. Please see our PRIVACY POLICY for additional details.

Miscellaneous

Any claim or controversy that may arise relating to these Terms of Use - especially including any transaction for the purchase of goods through the Site - shall be decided by arbitration proceeding administered by the American Arbitration Association (AAA) by a single arbitrator with expertise in e-commerce, selected from the local panel, and administered by the local office of the AAA geographically closest to the party against whom the claim is asserted, in accordance with the then-current AAA Commercial Arbitration Rules. The arbitrator shall have authority to award costs and reasonable attorneys fees to the prevailing party and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. The limitation on damages in these Terms of Use shall apply in any such arbitration proceeding.

Any claim or controversy you may have relating to these Terms of Use must be commenced within one (1) year after such claim or controversy may arise, or such claim or controversy, or any related cause of action, shall be barred.

If any of these Terms of Use is held to be invalid or unenforceable by a tribunal of competent jurisdiction, then that provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of Kochloeffel LLC and all other Terms of Use shall remain in full force and effect.

Colbrook Kitchen’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be construed as a waiver of any such Terms of Use. Neither the course of conduct by Colbrook Kitchen nor any trade practice shall act to modify any of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, including its laws governing security breach notifications, but without regard to its conflicts of law provisions.