TERMS AND CONDITIONS
Last updated May 06, 2022
These Terms of Use constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (“you”) and ENJ Corporation
, doing business as The Kitchen Engine
("
The Kitchen Engine
", “we”, “us”, or “our”),
concerning your access to and use of the https://thekitchenengine.com website as well as any other
media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
We are registered in
Washington, United States
and have our registered office at
621 W Mallon Ave Ste 416
,
Spokane
, WA
99201-2181
.
You agree that by accessing the Site, you
have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We
will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any
right to receive specific notice of each such change. Please ensure that you check the applicable Terms every
time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of
the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws
are applicable.
The Site
is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
The Site is intended
for users who are at least 13 years of age. All users who are minors in the jurisdiction in which
they reside (generally under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Site. If you are a minor, you must have your
parent or guardian read and agree to these Terms of Use prior to you using the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The Content and the Marks are provided on
the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant
that:
(1) you have the legal capacity and you agree to comply with
these Terms of Use;
(2) you are not under the age of 13;
(3) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Site
; (4) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (5) you will not use the Site for any illegal or unauthorized
purpose; and (6) your use of the Site
will not violate any applicable law or regulation.
If you provide any information that
is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any portion thereof).
We make every effort to display as accurately as possible the colors, features,
specifications, and details of the products available on the Site. However, we do not guarantee that the
colors, features, specifications, and details of the products will be accurate, complete, reliable,
current, or free of other errors, and your electronic display may not accurately reflect the actual colors
and details of the products.
All products are subject to availability
,
and we cannot guarantee that items will be in stock
. We reserve the right to
discontinue any products at any time for any reason. Prices for all products
are subject to change.
We accept the following forms of payment:
- Discover
- American Express
- Mastercard
- Visa
- TKE Gift Cards
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Site. You further agree to promptly update
account and payment information, including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the
right to refuse any order placed through the Site. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These restrictions may include orders
placed
by or under the same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our
sole
judgment, appear to be placed by dealers, resellers, or distributors.
6.
SHIPPING & RETURNS
POLICY
SHIPPING & DELIVERY
POLICY
Please carefully review
our Shipping & Delivery Policy when purchasing our products. This policy will apply to any order you place
with us.
WHAT ARE MY SHIPPING & DELIVERY
OPTIONS?
In-Store Pickup
In-store and curbside
pickup is
available for Any purchase where "In-Store Pickup" is selected
. Pickups are available
After you receive notification that you order is
ready for pickup and during regular business hours.
Free Shipping
We offer free Ground shipping
on Orders Over $200 before tax
.
Expedited Shipping Fees
We also offer expedited shipping at the
following rates:
|
Shipping Method
|
Shipping Fee
|
If you select an expedited shipping option, we will follow up
after you have placed the order with any additional shipping information.
All times and
dates given for delivery of the products are given in good faith but are estimates only.
Once your order has been packaged and a label has been generated, you will be
emailed tracking information.
Handling delays of 1-3 days may occur around major holidays such as Thanksgiving and Christmas.
DO YOU DELIVER
INTERNATIONALLY?
We
offer international shipping to the following countries:
Free Ground shipping is not valid on international
orders.
Please note, we may be subject to
various rules and restrictions in relation to some international
deliveries and you may be subject to additional taxes and duties
over which we have no control. If such cases apply, you are
responsible for complying with the laws applicable to the country
where you live and will be responsible for any such additional costs
or
taxes.
ARE THERE OTHER SHIPPING
RESTRICTIONS?
We can't ship any item that weighs more than 60lbs.
Items such as food items that may be damaged due to heat
or cold may not be able to ship during those seasons.
QUESTIONS ABOUT
RETURNS?
HOW CAN YOU CONTACT US ABOUT THIS
POLICY?
If
you have any further questions or comments, you may contact us by:
Thank you for your purchase. We hope you are happy with your purchase.
However, if you are not completely satisfied with your purchase for any reason, you may return it to us for
a full refund, store credit, or an exchange
. Please see below for more information on our return policy.
All returns must be
postmarked within thirty (30) days of the purchase
date. All returned items must be in new and unused condition, with all original tags and labels attached.
To return an item,
please email customer service at [email protected] to obtain a Return Merchandise Authorization (RMA) number.
After receiving a RMA number,
place the item securely in its original packaging
and include your proof of purchase, then
mail your return to the following address:
The Kitchen Engine
Attn: Returns
RMA #
621 W. Mallon Ste 416
416
Spokane,
WA
99201
United States
Please note, you will be responsible for all return shipping charges. We strongly
recommend that you use a trackable method to mail your return.
After receiving your
return and inspecting the condition of your item, we will process your
return or exchange
. Please allow at least seven (7) days from the receipt of
your item to process your
return or exchange
.
Refunds may take 1-2 billing cycles to appear on your credit card statement,
depending on your credit card company.
We will notify you by email when your return has been processed.
The
following items cannot be returned or exchanged
:
●
Food, Beverage or any edible items
●
Cooking Classes
●
Gift Cards
●
Any used items that aren't deemed defective by a manager
●
Items missing any packaging or parts
For defective or damaged products, please contact us at the contact details below to
arrange a refund or exchange.
Please Note
●
Return Authorization must be obtained prior to shipping an item back for return.
QUESTIONS
If you have any questions concerning our return policy, please
contact us at:
5093283335
You may not access or use the Site for
any purpose other than that for which we make the Site available. The Site may not be used in connection with
any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree
not to:
- Systematically
retrieve data or other content from the Site to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the Site, including features
that prevent or restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use
any information obtained from the Site in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Site in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking to the Site.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of
the Site.
- Engage
in any automated use of the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or
“pcms”).
- Interfere
with, disrupt, or create an undue burden on the Site or the networks or services connected to the
Site.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of
the Site to you.
- Attempt
to bypass any measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
- Copy
or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
- Except
as may be the result of standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching any unauthorized script
or other software.
- Use
a buying agent or purchasing agent to make purchases on the
Site.
- Make
any unauthorized use of the Site, including collecting usernames and/or email addresses of users
by electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
- Use
the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for
any revenue-generating endeavor or commercial enterprise.
-
Sell or otherwise transfer your profile.
-
Use the Site to advertise or offer to sell goods and services.
8. USER
GENERATED CONTRIBUTIONS
The Site does not offer
users to submit or post content. We may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and materials to us
or on the Site, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be treated in accordance with
the Site Privacy Policy. When you create or make available any Contributions, you thereby
represent and warrant that:
- The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
- You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of
Use.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote violence against a specific
person or class of people.
- Your Contributions do not violate any applicable
law, regulation, or rule.
- Your Contributions do not violate the privacy or
publicity rights of any third party.
- Your Contributions do not violate any applicable
law concerning child pornography, or otherwise intended to protect the health or well-being of
minors;
- Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not otherwise violate, or
link to material that violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site or the
Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the Site and the Marketplace
Offerings.
You and Site agree that we may access,
store, process, and use any information and personal data that you provide following the terms of the Privacy
Policy and your choices (including settings).
By submitting suggestions or other
feedback regarding the Site, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
10. SUBMISSIONS
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace
Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.
11. SITE
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.
12. PRIVACY
POLICY
We care about data privacy and security. By
using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which
is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in
the United States
. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ from applicable laws in
the United States
, then through your continued use of the Site, you are transferring your data to
the United States
, and you expressly consent to have your data transferred to and processed in
the United States
.
Further, we do not knowingly accept, request, or solicit information from
children or knowingly market to children. Therefore, in accordance with the U.S. Children’s
Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13
has provided personal information to us without the requisite and verifiable parental consent,
we will delete that information from the Site as quickly as is reasonably practical.
13. TERM
AND TERMINATION
These Terms of Use shall remain in full
force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE
MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
OFFERINGS OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for
any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or
part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the
Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or
need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right
to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any
time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime
or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or
releases in connection therewith.
15. GOVERNING
LAW
These Terms of Use and your use of the Site
and the Marketplace Offerings are governed by and construed in accordance with the laws of
the State of Washington
applicable to agreements made and to be entirely performed within
the State of Washington
, without regard to its conflict of law principles.
16. DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related
to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a
“Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding
Arbitration
If the Parties
are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the
AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at
the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by
phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in
Spokane,
Washington
. Except as otherwise provided herein, the Parties may litigate in
court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment
on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the
state and federal
courts
located
in
Spokane,
Washington
, and the
Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these
Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the
Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that
any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
17. CORRECTIONS
There may be
information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the
Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the
right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any
time, without prior notice.
18. DISCLAIMER
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE three (3) mONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these
Terms of Use; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any
overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
21. USER
DATA
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine
backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
23. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
24. MISCELLANEOUS
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision
of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision
is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as
a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form
of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
25. CONTACT
US
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please contact us at:
ENJ Corporation
621 W Mallon Ave Ste 416
Spokane
, WA
99201-2181
United States
Phone: 5093283335
