Web site use agreement
SoyMilkQuick.com WEB SITE USE AGREEMENT
This version in effect since June 20, 2005
WELCOME TO SOYMILKQUICK.COM PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE SOYMILKQUICK.COM WEBSITE. IT EXEMPTS KITCHEN'S BEST MANUFACTURING GROUP LTD. AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT
PROVISIONS THAT YOU SHOULD READ.
This Agreement contains the following provisions
- Your Acceptance of this Agreement
- Permission to Use the Site
- Changes to this Agreement
- Ownership and Permitted Use of the Site
- Misprints and Errors, Product Availability and Prices
- Trade-mark Information
- Draws
- Your Information
- Disclaimers, Liability Exclusions/Limitations and Indemnity
- Personal Information Privacy
- Other Sites/Resources
- Termination
- Governing Law and Dispute Resolution
- Other Matters
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This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Kitchen's Best Manufacturing Group Ltd. regarding your access to and use of SoyMilkQuick.com website and all content, information, products and services available on or through the website (collectively, the "Site"). This Agreement also provides benefits to Kitchen's Best Manufacturing Group Ltd. affiliates, service providers, suppliers and other persons.
Each time you use the Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Site.
This Agreement is in addition to any other agreement you may have with Kitchen's Best Manufacturing Group Ltd, including a transaction agreement.
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This Site can be accessed from countries around the world and may contain references to Kitchen's Best Manufacturing Group Ltd. products, services, and programs that are not available in your country. These references do not imply that Kitchen's Best Manufacturing Group Ltd. intends to announce such products, services, or programs in your country. The Site is controlled, operated, and administered by Kitchen's Best Manufacturing Group Ltd. from its offices within Canada.
Kitchen's Best Manufacturing Group Ltd. makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside Canada, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside Canada, you are responsible for compliance with all local laws.
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Kitchen's Best Manufacturing Group Ltd. may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Site, by posting a revised Agreement on the Site. By using the Site after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
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The Site (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Site) is the property of Kitchen's Best Manufacturing Group Ltd. and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content. The Site is made available to you for your lawful, personal use only. You may use the Site only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited.
You may print Site pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Site and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Kitchen's Best Manufacturing Group Ltd. You may not sell or resell any part of the Site or access to the Site. You may not use any of the software that is used in the operation or provision of the Site except while you are using the Site in accordance with this Agreement.
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Kitchen's Best Manufacturing Group Ltd. endeavors to provide current and accurate information on the Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Kitchen's Best Manufacturing Group Ltd. cannot guarantee that products and services advertised on the Site will be available when ordered or thereafter. Kitchen's Best Manufacturing Group Ltd. does not warrant that the content of the Site including, without limitation, product descriptions or photographs, is accurate or complete.
Kitchen's Best Manufacturing Group Ltd. reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Site content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Site are invitations to you to make offers to purchase products and services on the Site and are not offers to sell. Please note that prices appearing on the Site are quoted in both American and Canadian dollars.
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Trademarks, logos, and service marks displayed on this Site are the property of Kitchen's Best Manufacturing Group Ltd. or other third parties. You are not permitted to use them without the prior written consent of Kitchen's Best Manufacturing Group Ltd. or such third party that may own the Marks. SoyQuick Automatic Soymilk MakerT and the SoyQuick Automatic Soymilk MakerT logos are trademarks of Kitchen's Best Manufacturing Group Ltd. Grind Right TechnologyT is a trademark of Kitchen's Best Manufacturing Group Ltd. All Rights Reserved. A Perfect Grind Every TimeT is a trademark of Kitchen's Best Manufacturing Group Ltd. All Rights Reserved. Juice Boosts Your EnergyT is a trademark of Kitchen's Best Manufacturing Group Ltd. All Rights Reserved. Metropolitan Style SoymilkT is a trademark of Kitchen's Best Manufacturing Group Ltd. All Rights Reserved. Urban Style SoymilkT is a trademark of Kitchen's Best Manufacturing Group Ltd. All Rights Reserved.
Rural Style SoymilkT is a trademark of Kitchen's Best Manufacturing Group Ltd. All Rights Reserved. Country Style SoymilkT is a trademark of Kitchen's Best Manufacturing Group Ltd. All Rights Reserved. All trademarks are owned by their respective companies.
License to Kitchen's Best Manufacturing Group Ltd. for user content
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant Kitchen's Best Manufacturing Group Ltd. one of the following types of licenses:
- For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as recipes and examples product usage and benefits you have received using Kitchen's Best Manufacturing Group Ltd. products, you grant Kitchen's Best Manufacturing Group Ltd. a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Kitchen's Best Manufacturing Group Ltd. the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. If you submit User Content to Kitchen's Best Manufacturing Group Ltd., you acknowledge that such content may be modified and annotated, and Kitchen's Best Manufacturing Group Ltd. may display the User Content together with such modifications and annotations. You acknowledge and agree that any User Content you submit to Kitchen's Best Manufacturing Group Ltd. may be downloaded, modified, reproduced, and distributed by users of this Site.
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For User Content such as comments to the Kitchen's Best Manufacturing Group Ltd. User to User Forums or product suggestions, you grant Kitchen's Best Manufacturing Group Ltd. and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that Kitchen's Best Manufacturing Group Ltd. is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it is necessary in order to protect the rights of Kitchen's Best Manufacturing Group Ltd. or others.
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From time to time Kitchen's Best Manufacturing Group Ltd. may make draws available to users of the Site and others. All draws are governed by this Agreement and the applicable Contest Rules. By participating in a draw through the Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules. By entering any contest or draw you grant Kitchen's Best Manufacturing Group Ltd. and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that Kitchen's Best Manufacturing Group Ltd. is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you.
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All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Kitchen's Best Manufacturing Group Ltd. will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Kitchen's Best Manufacturing Group Ltd. or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
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EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Kitchen's Best Manufacturing Group Ltd. OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Kitchen's Best Manufacturing Group Ltd. MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. Kitchen's Best Manufacturing Group Ltd. MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND Kitchen's Best Manufacturing Group Ltd. MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) Kitchen's Best Manufacturing Group Ltd. DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) Kitchen's Best Manufacturing Group Ltd. MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) Kitchen's Best Manufacturing Group Ltd. SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. Kitchen's Best Manufacturing Group Ltd. ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Kitchen's Best Manufacturing Group Ltd. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
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To learn about how Kitchen's Best Manufacturing Group Ltd. protects your personal information, such as your name and address, refer to the Kitchen's Best Manufacturing Group Ltd. Privacy Policy. Except as set forth in the Privacy Policy, in Our Online Policies and in Purchase Terms and Conditions, your personal information will be deemed to be confidential. With the exception of Design Content and certain types of User Content, any non-personal information or material sent to Kitchen's Best Manufacturing Group Ltd. will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Kitchen's Best Manufacturing Group Ltd. or others, or as stated in our Privacy Policy.
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For your convenience, the Site may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from Kitchen's Best Manufacturing Group Ltd., and Kitchen's Best Manufacturing Group Ltd. has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Kitchen's Best Manufacturing Group Ltd. does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Kitchen's Best Manufacturing Group Ltd. arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Kitchen's Best Manufacturing Group Ltd., this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
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Notwithstanding any other provision of this Agreement, Kitchen's Best Manufacturing Group Ltd. may, in its discretion, change, discontinue, modify, restrict, suspend or terminate the Site or any part of it without any notice or liability to you or any other person. Kitchen's Best Manufacturing Group Ltd. may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Site is terminated for any reason, then this Agreement and all other then existing agreements between you and Kitchen's Best Manufacturing Group Ltd. will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
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This Agreement, your access to and use of the Site, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada (and in the case of use of the Site in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and Kitchen's Best Manufacturing Group Ltd. or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
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If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement enures to the benefit of and is binding upon each of Kitchen's Best Manufacturing Group Ltd. and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Kitchen's Best Manufacturing Group Ltd. may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais. Las partes han expresado abiertamente y solicitado que este Acuerdo y todos los documentos relacionados fueran hechos en el idioma Inglés.
Any rights not expressly granted by this Agreement are reserved to Kitchen's Best Manufacturing Group Ltd.
You may contact Kitchen's Best Manufacturing Group Ltd. by telephone, email, or postal mail:
Kitchen's Best Manufacturing Group Ltd.
P.O. Box 3944
Vancouver, British Columbia
V6B 3Z4, Canada