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Welcome to KlickKitchen.com. KlickKitchen.com and its affiliates provide their services to you subject to the following conditions. IF YOU VISIT OR SHOP AT KLICKKITCHEN.COM, YOU ACCEPT THESE CONDITIONS. Please read them carefully.
KlickKitchen.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KlickKitchen.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KlickKitchen.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KlickKitchen.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing KlickKitchen.com's name or trademarks without the express written consent of KlickKitchen.com. Any unauthorized use terminates the permission or license granted by KlickKitchen.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KlickKitchen.com so long as the link does not portray KlickKitchen.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KlickKitchen.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. KlickKitchen.com does not sell services for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use KlickKitchen.com only with involvement of a parent or guardian. KlickKitchen.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
All items purchased from KlickKitchen.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
KlickKitchen.com and its affiliates attempt to be as accurate as possible. However, KlickKitchen.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by KlickKitchen.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the Price displayed for products on our website represents the vendor 's wholesale price. The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a case, the Price may represent "open-stock" prices, which means the aggregate of the vendors estimated or suggested price for each of the items included in the case. Where an item is offered for sale by one of our vendors, the Price is provided by the vendor.
Any products or services purchased from vendors on this site are purchased directly from the vendors, not from KlickKitchen.com. We assume no responsibility or liability of any kind for any problems or claims, including warranty claims, relating to any products or services purchased from vendors on our site. Any such problems or claims must be resolved directly between the purchaser and the vendor.
KlickKitchen.com has created this privacy policy to demonstrate our firm commitment to protecting your company's profile information and informing you about how we handle it. This privacy policy only applies to transactions and activities in which you engage ("Transactions"), and data gathered and or entered on the KlickKitchen.com web site (the "Site") and does not apply to any other web site or offline point of contact between KlickKitchen.com, or any other company, vendor or consumers. Please review this privacy policy periodically as we may modify it from time to time. This privacy policy was last revised on September 16, 2007. Each time you visit the Site or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time.
Like most e-commerce websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.
Like most websites, the Site uses cookies to keep track of your purchases and other activity on the Site and enhance your experience on the Site. We also use cookies to deliver content specific to your interests, to save your password, vendor preferences, favorite menu items, previous orders, and if you choose, to save other personal and financial information so you do not have to re-enter it each time you visit the Site. Third parties that advertise on the Site may also place cookies on your browser. If you wish to disable these cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas or features of the Site.
In order to operate the Site and provide you with information on products and services that may be of interest to you, we may collect profile information (i.e. information that could be used to contact you such as full name, postal address, phone number and email address), financial information (e.g. passwords and credit card numbers), demographic information (e.g. zip code, hometown, gender, purchase history information and age), public information such as user ratings and reviews and a user name from you. Please note that nowhere on the Site do we knowingly collect profile information from children under the age of 18. The Site also provides you with the opportunity to save, in a personal account, restaurant vendor listings, product listings, favorite menu items and other information you view on the Site. A collection of such listings and other information that is so saved in a personal account is referred to elsewhere in this privacy policy as "Saved Listings."
On the Site, we place links to other web sites operated by other parties. Some of these other web sites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other web sites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other web sites or their business practices, and that our privacy policy does not apply to these other web sites. Consequently, the operators of these other web sites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Site. We encourage you to review their privacy policies and remind you that we will not be responsible for their actions.
We use your profile information to help us efficiently perform Transactions on the Site, to contact you when necessary in connection with Transactions, and to send you information, offers and other promotional materials for KlickKitchen.com's or third parties' goods or services. We carefully select the information we send to you and attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information. The Site provides you with the option of declining to receive offers from KlickKitchen.com by "opting-out" of receiving this type of communication.
To process Transactions on the Site, we may share your profile information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, order fulfillment and sweepstakes and promotional fulfillment. We require these entities not to use your information for any other purpose.
By purchasing products or services, electing to receive communications (such as emails or subscriptions), or electing to participate in vendor data tracking, product popularity ranking, contests, sweepstakes, or other programs (such as discount or rewards programs), offered by third parties on the Site, you consent to our providing your profile information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we will have the right to use and disclose all such information you submit in the same manner in which we use and disclose all other information you submit.
Your profile information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy, of KlickKitchen.com. We may also disclose specific information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of KlickKitchen.com or other visitors to the Site. We also may disclose your profile information to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control. However, all of these parent, subsidiary and affiliated legal entities and businesses that receive your profile information from us are obligated to comply with the terms of this privacy policy with respect to their use and disclosure of such profile information.
Any third party with whom we are allowed to share your profile information is authorized to use your profile information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your profile information by them.
Please read the information below under the heading "How We Use Public Information, Reviews, Ratings and User Names" to learn how we may make some of your profile information accessible to the public via the Site or via other means.
We use demographic information and Saved Listings to tailor the Site and communications to the interests of our users. We may share demographic information and Saved Listings with advertisers and other third parties ("Sponsors") so that they can tailor their advertisements and communications to the appropriate audience. If you consent to have us share your profile information as described above, then the demographic information and Saved Listings that we provide to Sponsors may be linked to your profile information so that Sponsors will be able to know about your demographic information and will also know what your Saved Listings are. If you do not consent to have us share your profile information as described above, then we will only provide your demographic information and Saved Listings to Sponsors on an anonymous and aggregated basis.
Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. KlickKitchen.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant KlickKitchen.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant KlickKitchen.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify KlickKitchen.com or its affiliates for all claims resulting from content you supply. KlickKitchen.com has the right but not the obligation to monitor and edit or remove any activity or content. KlickKitchen.com takes no responsibility and assumes no liability for any content posted by you or any third party.
The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the countries in which these computer networks are located may not have privacy laws as protective as the laws in your country.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
When you provide profile information to the Site, you must enter a user name. You may also be given the chance to designate certain of your profile information and other information as "public" or "private" and to opt-out of receiving certain communications from us and third parties, as described above. We also give you the opportunity to opt-out of certain communications and/or modify profile information you have provided to us, or to change public/private designations, at anytime by clicking on the My Profile link, then clicking on the Edit My Profile link and selecting those portions of your profile you would like to update. Please be aware that it may take several hours for the changes you make to your public information or your public/private information designations to take affect on the public areas of the Site. We thank you for your patience.
After you submit personal information in connection with purchasing or reserving products or services, electing to receive communications or electing to participate in contests, sweepstakes, or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Site, we may use such information to send you marketing emails. However, if we do so, we will provide a link that you can click on to opt-out of receiving subsequent marketing emails generated from the same such information. In many cases we will also provide opt-in boxes so that you can indicate your preferences before receiving marketing emails.
Please note that changing or deleting your information through Edit My Profile, or otherwise opting-out of receipt of email communications from KlickKitchen.com will only change or delete the data in our My Profile database for purposes of future Transactions on the Site and for managing future communications from KlickKitchen.com. These changes and deletions will not change or delete information that we may have already forwarded to credit card companies or any other third parties, all as provided above in this privacy policy.
If you have any questions or concerns about this privacy policy, the practices of the Site, or your dealings with the Site, you can contact us at info@KlickKitchen.com. You can also send us mail to: KlickKitchen LLC 325 West 38th. St. Suite 608 New York, NY 10018.
This site is owned and operated by KlickKitchen.com. (referred to as "KlickKitchen.com," "we," "us," or "our" herein). No material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of KlickKitchen.com's copyright and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are proprietary to KlickKitchen.com.
In the event that you download any software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you by KlickKitchen.com. KlickKitchen.com does not transfer title to the Software to you. KlickKitchen.com retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KLICKKITCHEN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KLICKKITCHEN.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KLICKKITCHE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KLICKKITCHEN.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, REPLACMENT OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Under no circumstances, including, but not limited to, negligence, shall KlickKitchem.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if KlicKitchen.com or a KlickKitchen.com authorized representative has been advised of the possibility of such damages. In no event shall KlickKitchen.com have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this site.
All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other KlickKitchen.com site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the County and State of New York.
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