Privacy Policy

PRIVACY POLICY

Last Modified on March 9, 2022

Our Privacy Commitment

Kitchen Concepts Unlimited LLC is committed to respecting the privacy rights and concerns of all users of the Company website where this Privacy Policy is posted (individually and collectively, the “Site”) (we refer to the Site, the services and the software made available through the Site, collectively, as the “Company Features”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Company Features how we use and protect the information we collect through the Site and the Company Features. By visiting the Site or using any of the Company Features, you consent to Company’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Site and not to any other website that you may be able to access from the Site which may have its own data collection and use practices and policies.

The Company provides its services to you subject to the following conditions. Please take the time to read them carefully.

 

This policy answers the following questions:

What information do we collect about you and how do we use it?
Will we share your personal information with third parties?
What choices do you have about the collection and use of your personal information?
What security measures do we take to safeguard your personal information?
What information do we collect about you and how do we use it?

 

Types of Information We Collect

Personal information means information that can be used to identify and contact you. You may access certain areas of the Site anonymously; however, personal information is required to create an account and access certain aspects of the Company Features.

We collect personal information when you create an account through the Company Features; participate in registration forms, feedback forms or questionnaires; purchase a product through the Company Features; or receive customer or technical support.

To create an account for the Company Features, we require you to provide certain information to create your profile, including a username, password, address, email address and phone number. Providing additional information beyond what is required to create an account is entirely optional, but enables you to gain more from the Company Features. When you order from us, we collect your name, billing address, shipping address, email address, and phone number. Credit Card information is processed by Shopify/Paypal Payment Services and is not kept on file at the Company.

 

How We Use Your Personal Information

The personal information you provide to us will allow us to fulfill your product order; alert you of new products, features, or enhancements; handle your customer service questions or issues; and notify you of promotions, updates, or special offers that we think may interest you. We may also use your email address, postal address and/or phone number as part of the Company Features in sending you messages about the Company Features and other general announcements.

We keep track of your interactions with us, including but not limited to your activity within the Company Features. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with the Company, entities acting on behalf of the Company and relevant third parties such as those needed to complete a transaction, collect and maintain our information collection servers, and perform technology and related services. We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Company Features. We may also use your personal information to contact you when necessary.

 

Cookies

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, as you browse the Site, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with the Site. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit this page to opt out of AdRoll and their partners’ targeted advertising.

 

Do Not Track

In compliance with California legislation, AB370, effective January 1, 2014, the Company’s practices in responding to “do not track signals and collecting user information over time and across a network of websites when you visit the Site are described below. We do not honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, Company does not collect user information about your online activities over time and across differed websites, or authorize third parties to do so.

 

Analytic Tools

We may use analytical tools to help us learn about who visits the Site and what pages are being viewed.

 

Electronic Communications

When you visit the Site or send us an email, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Will we share your personal information with third parties?

 

Sharing of Information

We use your personal information to complete transactions, respond to your requests, deliver products and services you request, and send communications to you about promotions, updates, or special offers (which may be offered by Company or one of its business partners) that may be of interest to you. We may share your personal information with carefully selected vendors and business partners, including companies that perform marketing services and other business operations for us, under strict terms described below. In addition, we will share the personal information we collect from you under the following circumstances:

 

Protection of rights
We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Company Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Company Features, or (iv) such action is appropriate to protect the rights, property or safety of the Company, its employees, users of the Company Features or others.

Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Company’s assets, user information, including personal information collected from you through your use of the Company Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.

Service Providers. We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf. For example, as of the date of this Privacy Policy, we partner with Shopify/Paypal Payment Services to process payments for the Company Features. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Additional Information You Should Know About Third Parties
The Site may contain direct links to websites operated by our business partners and other third party entities, such as Facebook, TikTok, Twitter and Instagram. These third party websites may collect information about you when you visit them or otherwise communicate with them. This Privacy Policy does not cover the information practices of third party websites linked to the Site or accessible through the Company Features. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

When you have clicked on a third party logo or URL displayed on our Site which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website.

What choices do you have about the collection and use of your personal information?

Control of Your Information
You may update your personal information or modify your account preferences for the Company Features by accessing the account interface of the Site.

Opting Out of Receiving Communications from Us
For marketing and promotional purposes, we send out email notifications to our customers about products or events that we think may be of interest to them. Marketing and promotional emails will be sent to everyone who enters an email on the website. You will be asked to opt-in. You can opt out of these emails by clicking on the unsubscribe link at the bottom of them.

If you no longer want to receive our emails or other announcements, you may opt-out by clicking on the link at the bottom of the emails sent to you. Please note that you cannot unsubscribe from certain correspondence from us that is necessary to administer your account, including messages relating to your account transactions.

 

Mediation
If you are a resident of a country outside of the European Union, you also agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and the Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. If you reside in the United States, you agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Phoenix, Arizona with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

Dispute Resolution for Residents of the European Union
If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction.

What security measures do we take to safeguard your personal information?
The personal information that you provide to us is stored on servers, which are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Company employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Company Features. All Company personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Company Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

Site Policies, Modification, And Severability
We reserve the right to make changes to the Site and this Privacy Policy at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

We reserve the right to refuse service and/or terminate accounts without prior notice if this Privacy Policy is violated or if we decide, in our sole discretion, that it would be in the Company’s best interests to do so. 

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: July 1, 2020
This Privacy Notice for California Residents supplements the information contained in Kitchen Concepts Unlimited’s Privacy Policy that this is attached to and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice. We may update this Privacy Notice for California Residents as necessary and in the event of changes in the CCPA.

INFORMATION WE COLLECT
Our Website and your participation in Kitchen Concepts Unlimited’s discount programs, collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”).

 

Categories of Personal Information Kitchen Concepts Unlimited’s have collected in the preceding 12 months:
CONSUMERS. Pursuant to the CCPA, we are providing the following chart detailing which categories of Personal Information about California residents (other than employees, job applicants, contractors, dependents or beneficiaries) we collect, disclose, and/or sell.

Category of Personal Information

Collected?

A. Identifiers, such as name, contact information, IP address, and other online identifiers.

Yes

B. Personal information categories listed in the California Customer Records statute, such as name, address, telephone number, bank account number, credit card number, or debit card number, some of this information may overlap with other categories.

Yes

C. Commercial information, such as transaction information and purchase history records of products considered or other purchasing or consuming histories or tendencies.

Yes

D. Internet or network activity information, such as browsing history and interactions with our website.

Yes

E. Geolocation data, such as device location.

Yes

F. Audio, electronic, visual, similar information, such as call and video recordings.

Yes

G. Professional or employment-related information.

Yes

H. Characteristics of protected classifications under California or federal law, such as sex, age, and marital status.

No

I. Biometric information, such as fingerprints and voiceprints.

No

J. Education information subject to the federal Family Educational Rights and Privacy Act, such as student records.

No

K. Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.

No

 

EMPLOYEES AND JOB APPLICANTS.
In addition to the Personal Information listed above, we also collect and disclose the following Personal Information from employees, independent contractors, owners, directors, officers and job applicants, as well as their emergency contacts, dependents and beneficiaries, for purposes of operating, managing, and maintaining our business, managing our workforce (including recruitment), and administering benefits:

 

Category of Personal Information

Collected?

A. Identifiers, such as Social Security numbers and other government-issued ID numbers;

Yes

B. Personal information, as defined in the California customer records law, such as health and health insurance information

Yes

C. Characteristics of protected classifications under California or federal law, such as race, religion, national origin, disability, request for leave, citizenship and immigration/work authorization status;

Yes

D. Professional or employment-related information, such as information relating to references, CV, details of qualifications, human resources data and data necessary for benefits and related administration services; and

Yes

E. Education information subject to the federal Family Educational Rights and Privacy Act, such as student records.

Yes

 

Personal information does not include information that is: (a) publicly available information from government records; (b) deidentified or aggregated consumer information; or (c) certain information excluded from the scope of CCPA.

Categories of Sources from which Kitchen Concepts Unlimited has collected Personal Information:

  • Directly from you. For example, from orders you place for our products.
  • Service providers.
  • Advertising networks.
  • Social media platforms.

 

USE OF PERSONAL INFORMATION
We may use or disclose the Personal Information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example: if you share your name and contact information to ask a question about our products, we will use that Personal Information to respond to your inquiry; if you provide your Personal Information to order products, we will use that information to process your payment and facilitate fulfilling your order. We may also save your information to facilitate your participation in Kitchen Concepts Unlimited’s discount programs and future orders.
  • To provide, support, personalize, and develop our Website, products, and support services.
  • To create, maintain, customize, and secure your online account or other programs with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries.
  • To personalize your Website experience and to deliver content and product and support offerings relevant to your interests, including targeted offers and ads or otherwise through our Website, third-party sites, and via email (with your consent).
  • To help maintain the safety, security, and integrity of our Website, products, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products and support services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Kitchen Concepts Unlimited’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Kitchen Concepts Unlimited’s about our customers are among the assets transferred.

 

Kitchen Concepts Unlimited LLC will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

SHARING PERSONAL INFORMATION
Kitchen Concepts Unlimited LLC may disclose and sell your Personal Information to a third party for one or more business purposes. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We share your Personal Information with the following categories of third parties:

  • Service providers.


Disclosures of Personal Information for a Business Purpose:
In the preceding twelve (12) months, Kitchen Concepts Unlimited LLC
has disclosed the following categories of Personal Information for a business purpose:

  • California Customer Records Personal Information categories (e.g. name and contact information).
  • Commercial information.
  • Internet or other electronic network activity (e.g. “cookies” or other tracking tags).
  • Geolocation data.
  • Audio, electronic, visual, similar information.
  • Professional or employment-related information.

We disclose your Personal Information for a business purpose to the following categories of third parties:

  • Service providers.
  • Affiliates and business partners.
  • Advertising networks.
  • Social media platforms.

 

Sales of Personal Information:
In the preceding twelve (12) months, Kitchen Concepts Unlimited LLC
has sold the following categories of Personal Information for a business purpose:

  • Identifiers (e.g. online identifiers, such as “cookies” or other tracking tags).
  • Internet or other electronic network activity (e.g. “cookies” or other tracking tags).
  • Geolocation data.

We sell your Personal Information for a business purpose to the following categories of third parties:

  • Affiliates and business partners.
  • Advertising networks.

YOUR RIGHTS AND CHOICES
The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Access Request Rights
You have the right to request that Kitchen Concepts Unlimited LLC disclose certain information to you about our collection and use of your Personal Information over the past 12 months for the above business and commercial purposes. To submit an access request, see the Section “Exercising Access and Deletion Rights.” Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you.
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

 

Deletion Request Rights
You have the right to request that Kitchen Concepts Unlimited LLC delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless certain exceptions apply. To submit a request to delete, see the Section “Exercising Access and Deletion Rights.”

 

Exercising Access and Deletion Rights
To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Personal Information Sales Opt-Out
To opt out of sales of your Personal Information email us at info@kcunlimited.com.

NON-DISCRIMINATION
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. However, we will continue to offer you discounts and other benefits if you choose to participate in Kitchen Concepts Unlimited LLC discount programs.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

NOTICE OF FINANCIAL INCENTIVE
Kitchen Concepts Unlimited LLC may offer you certain loyalty and rewards programs that may be considered financial incentives program under the CCPA, which can result in different prices for Kitchen Concepts Unlimited LLC products and merchandise, such as our military and first responder program. Eligible members of our discount programs may save a discount off of eligible products, the details of which will be provided at the time you sign up for the program, if you are eligible. Participation in our discount programs is voluntary, and requires your prior opt in consent. If you elect to participate, you may do so through the “My Account” page or by performing certain voluntary interactions with our Website. While we will not discriminate against you for exercising your rights under CCPA, if you request deletion of your data, any accumulated points will be deleted and you may not have access to continued discounts and benefits of membership. You may cancel membership at any time, subject to certain restrictions.

Kitchen Concepts Unlimited LLC requires minimal Personal Information in order to provide the price discounts to eligible participants, including the following categories of Personal Information: identifiers, California customer records Personal Information categories, professional and employment-related information as further detailed in the Section “INFORMATION WE COLLECT” above. Kitchen Concepts Unlimited LLC uses the Personal Information of eligible participants to provide the discounts and to further our business in accordance with our Privacy Policy. The value Kitchen Concepts Unlimited LLC receives from our discount programs (and its incidental collection of consumer Personal Information) includes the profits generated by, and the consumer good will and consumer relationship established through, the offering of the Kitchen Concepts Unlimited LLC discount programs, and taking into account the costs to Kitchen Concepts Unlimited LLC to provide and maintain our discount programs. The value will be disclosed to you at the time you sign up for the applicable program.

If you elect to participate, you may find out more about the specific terms of your participation in the Kitchen Concepts Unlimited LLC discount program by requesting this information from us at info@kcunlimited.com

OTHER CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Website that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g. requests made in 2020 will receive information regarding such activities in 2019). You may request this information once per calendar year. To make such a request, please contact us by email at info@kcunlimited.com

KITCHEN CONCEPTS UNLIMITED LLC TERMS OF USE/SERVICE
Last Modified on March 8, 2022

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to Kitchen Concepts Unlimited LLC website (the “Site”). Your access and use of the Site and of features, software, products and services provided by Kitchen Concepts Unlimited LLC, through the Site, but excluding any software, products or services provided by Kitchen Concepts Unlimited LLC under a separate written agreement, (individually and collectively, the “Service”) is subject to the terms and conditions in this Terms of Use (this “TOU”).

You must agree to this TOU in order to use the Site and/or the Service. If you use the Site and/or the Service, or click to accept or agree to this TOU if presented to you in a user interface for the Service, we will understand this as your acceptance of this TOU and your agreement to all of its terms and conditions. By accepting this TOU or using the Site and/or the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this TOU, then you may not use the Site or the Service. If you are using the Site or the Service on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to this TOU. If you do not have such authority, then you may not use the Site or the Service on behalf of your employer and you must discontinue all use of the Site and the Service immediately.

  1. To Updates. Kitchen Concepts Unlimited LLC may update this TOU at any time and Kitchen Concepts Unlimited LLC  will post the updated version of this TOU on the Site. You understand and agree that you will be deemed to have accepted the updated TOU if you use the Site or the Service after the updated TOU is posted on the Site. If at any point you do not agree to any portion of this TOU then in effect, you must immediately stop using the Site and the Service.
  2. Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Site and the Service. You acknowledge and agree that Kitchen Concepts Unlimited LLC may make changes to the Site and/or the Service at any time without notifying you in advance.
  3. Termination of Service. Kitchen Concepts Unlimited LLC reserves the right to deny service to any person or entity at Kitchen Concepts Unlimited LLC’s sole and absolute discretion. You acknowledge and agree that Kitchen Concepts Unlimited LLC may stop providing the Site and/or the Service or restrict your use of the Site and/or the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this TOU and/or if Kitchen Concepts Unlimited LLC suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If Kitchen Concepts Unlimited LLC disables your access to your account, you may be prevented from accessing the Service, your account details and/or any materials contained in your account.
  4. Accounts and Security.
    1. Account. To access certain aspects of the Service, you must have an account. You can create an account by completing the registration process. You are required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to Kitchen Concepts Unlimited LLC will be correct, accurate and up to date.
    2. Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Kitchen Concepts Unlimited LLC may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting an update of this TOU or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, Kitchen Concepts Unlimited LLC shall have the right to terminate your account without prior notice. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
    3. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify Kitchen Concepts Unlimited LLC immediately if you become aware of any unauthorized use of your password or of your account.
    4. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account. You may not disclose your password to anyone else.
    5. Cancellation by You. You have the right to cancel your account at any time. You may cancel your account by notifying Kitchen Concepts Unlimited LLC by email at info@kcunlimited.com
    6. Termination by Kitchen Concepts Unlimited LLC. Kitchen Concepts Unlimited LLC may at any time terminate your account if:
      a. Kitchen Concepts Unlimited LLC determines that you are (a) in breach of or otherwise acting inconsistently with this TOU or the Company’s Privacy Policy or (b) engaging in fraudulent or illegal activities or other conduct that may result in liability to Kitchen Concepts Unlimited LLC;
      b. Kitchen Concepts Unlimited LLC determines it is required by law to terminate your account; or
      c. Kitchen Concepts Unlimited LLC decides to stop providing the Service or critical portions of the Service in the country where you reside, access the Site or use the Service or Kitchen Concepts Unlimited LLC determines that it is no longer in its business interests to continue providing the Service or critical portions of the Service.
    7. Effect of Account Termination or Cancellation. If you voluntarily terminate your account or allow your account to lapse, you will be able to reactivate that account at any time through the account interface on the Site. Accounts terminated by Kitchen Concepts Unlimited LLC for any type of abuse including, without limitation, a violation of this TOU, may not be reactivated for any reason.
  5. Restrictions and Conditions of Use.
    1. Use of the Site. Kitchen Concepts Unlimited LLC permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Site or through the Service.
    2. Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site or any mobile application provided by Kitchen Concepts Unlimited LLC. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the Site or the Service.
    3. No Violation of Laws. You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Site and/or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
    4. Use Restrictions. You may not connect to or use the Site or the Service in any way that is not expressly permitted by this TOU.
      1. You may not: (a) remove any proprietary notices from the Service; (b) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (c) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Kitchen Concepts Unlimited LLC; or (d) make any false, misleading or deceptive statement or representation regarding Kitchen Concepts Unlimited LLC and/or the Site or the Service.
      2. Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service (or any servers, systems or networks connected to the Site or the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Site and/or the Service or any other person’s or entity’s use of the Site and/or the Service (or any servers, systems or networks connected to the Site or the Service); (ii) attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the Site and/or the Service; (iii) use the Site or the Service for any commercial purpose or the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Site or the Service, unless you are specifically authorized to do so in a separate written agreement with Kitchen Concepts Unlimited LLC; (iv) use the Site or the Service to (y) develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; or (z) perform any unsolicited commercial communication not permitted by applicable law; or (v) engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
    5. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or phone numbers of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or the Service.
    6. Violation of this TOU. You acknowledge and agree that you are solely responsible, and Kitchen Concepts Unlimited LLC has no responsibility or liability to you or any other person or entity, for any breach by you of this TOU or for the consequences of any such breach. Kitchen Concepts Unlimited LLC may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 5 or any other terms of this TOU.
  6. Links
    1. Links from the Site. The Site may contain links to websites operated by other parties. Kitchen Concepts Unlimited LLC provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Kitchen Concepts Unlimited LLC and Kitchen Concepts Unlimited LLC is not responsible for the content available on the other websites. Such links do not imply Kitchen Concepts Unlimited LLC’s endorsement of information or material on any other website and Kitchen Concepts Unlimited LLC disclaims all liability with regard to your access to and use of such linked websites.
    2. Links to the Site. Unless otherwise set forth in a written agreement between you and Kitchen Concepts Unlimited LLC, you must adhere to Kitchen Concepts Unlimited LLC’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Kitchen Concepts Unlimited LLC ‘s and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Kitchen Concepts Unlimited LLC; and (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site. Kitchen Concepts Unlimited LLC reserves the right to revoke its consent to the link at any time and in its sole discretion.
  7. Intellectual Property
    1. Trademarks. The Kitchen Concepts Unlimited LLC name and Butterie name and logo are trademarks and service marks of Kitchen Concepts Unlimited LLC. Unless permitted in a separate written agreement with Kitchen Concepts Unlimited LLC, you do not have the right to use any of Kitchen Concepts Unlimited LLC’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
    2. Ownership. You acknowledge and agree that Kitchen Concepts Unlimited LLC, or its licensors, owns all right, title and interest in and to the Site and the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site and the Service are protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Kitchen Concepts Unlimited LLC has designated as confidential and you agree not to disclose such information without Kitchen Concepts Unlimited LLC’s prior written consent. The compilation of all content on the Site is the exclusive property of Kitchen Concepts Unlimited LLC, and protected by U.S. and international copyright laws.
    3. Third Party Software and Services. The Service may be incorporated into technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements (including, without limitation, terms of use and terms of service posted on third party websites), and you agree to look solely to the applicable third party and not to Kitchen Concepts Unlimited LLC with respect to your rights in relation to such third party software, technology and/or services.
  8. Social Networks. The Service includes features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Instagram and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by this TOU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for Kitchen Concepts Unlimited LLC to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT BOTTLEKEEPER WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.
  9. Privacy Policy. By accepting this TOU or using the Site and/or the Service, you represent that you have read and consent to our Privacy Policy in addition to this TOU. Kitchen Concepts Unlimited LLC may revise the Privacy Policy at any time and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and the Service.
  10. Location. The Site and the Service are operated by Kitchen Concepts Unlimited LLC in the United States. If you choose to access the Site and/or the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
  11. Underage Persons. The Site and the Service are not directed toward individuals under 18 years of age nor does Kitchen Concepts Unlimited LLC knowingly collect information from children under 18 or allow them to create an account or access account features. If you are under 18, please do not submit any personal information about yourself to Kitchen Concepts Unlimited LLC.
  12. Disclaimer of Warranties.
    1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KITCHEN CONCEPTS UNLIMITED LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
    3. KITCHEN CONCEPTS UNLIMITED LLC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE.
    4. KITCHEN CONCEPTS UNLIMITED LLC DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SITE OR THE SERVICE WILL BE CORRECTED; OR (e) THE SITE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    5. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.

      Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
  13. Limitation of Liability; SOLE AND EXCLUSIVE REMEDY.
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KITCHEN CONCEPTS UNLIMITED LLC, AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:
      1. ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR THE SERVICE, EVEN IF BOTTLEKEEPER AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
      2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
      3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SITE OR THE SERVICE.
    2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF KITCHEN CONCEPTS UNLIMITED LLC OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).

      Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of KITCHEN CONCEPTS UNLIMITED LLC and the Related Parties shall be limited to the fullest extent permitted by law.
  14. Indemnification. You agree to indemnify, defend and hold KITCHEN CONCEPTS UNLIMITED LLC and the Related Parties harmless from any and all claims, demands, damages or other losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (i) your use of the Site and/or the Service or (ii) your breach of this TOU or any other policies that KITCHEN CONCEPTS UNLIMITED LLC may issue for the Site and/or the Service from time to time.
  15. Governing Law; Jurisdiction. This TOU is governed by Arizona law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and KITCHEN CONCEPTS UNLIMITED LLC agree that, except as otherwise provided in Section 16 below, the state and federal courts located in the County of Maricopa, Arizona will have exclusive jurisdiction of all disputes arising out of or related to this TOU or your use of the Site or the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, KITCHEN CONCEPTS UNLIMITED LLC shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
  16. Binding Arbitration.
    1. Arbitration Procedures. You and KITCHEN CONCEPTS UNLIMITED LLC agree that, except as provided in Section 16.4 below, all disputes, controversies and claims related to this TOU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this TOU. In the event of a conflict between the terms set forth in this Section 16 and the JAMS Rules, the terms in this Section 16 will control and prevail.

      Except as otherwise set forth in Section 16.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and KITCHEN CONCEPTS UNLIMITED LLC will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and KITCHEN CONCEPTS UNLIMITED LLC may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

      BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND BOTTLEKEEPER WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
    2. Location. The arbitration will take place in Los Angeles, California unless the parties agree to video, phone and/or internet connection appearances.
    3. Limitations. You and KITCHEN CONCEPTS UNLIMITED LLC agree that any arbitration shall be limited to the Claim between KITCHEN CONCEPTS UNLIMITED LLC and you individually. YOU AND KITCHEN CONCEPTS UNLIMITED LLC AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
    4. Exceptions to Arbitration. You and KITCHEN CONCEPTS UNLIMITED LLC agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or KITCHEN CONCEPTS UNLIMITED LLC’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
  17. General.
    1. TOU Revisions. This TOU may only be revised in a writing signed by KITCHEN CONCEPTS UNLIMITED LLC, or published by KITCHEN CONCEPTS UNLIMITED LLC on the Site.
    2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KITCHEN CONCEPTS UNLIMITED LLC as a result of this TOU or your use of the Site or the Service.
    3. Assignment. KITCHEN CONCEPTS UNLIMITED LLC may assign its rights under this TOU to any person or entity without your consent. The rights granted to you under this TOU may not be assigned without KITCHEN CONCEPTS UNLIMITED LLC’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
    4. Severability. If any part of this TOU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the TOU shall be given full force and effect.
    5. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this TOU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
    6. No Waiver. Our failure to enforce any provision of this TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by KITCHEN CONCEPTS UNLIMITED LLC of any provision, condition or requirement of this TOU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
    7. Notices. All notices given by you or required under this TOU shall be in writing and addressed to: 8940 Quartz Avenue, Northridge, CA 91324, ATTN: KCU Owner.
    8. Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Site or the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
    9. Equitable Remedies. You acknowledge and agree that KITCHEN CONCEPTS UNLIMITED LLC would be irreparably damaged if the terms of this TOU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    10. Entire Agreement. This TOU, including the documents referenced in this TOU, constitutes the entire agreement between you and KITCHEN CONCEPTS UNLIMITED LLC with respect to the Site and the Service and supersedes any and all prior agreements between you and KITCHEN CONCEPTS UNLIMITED LLC relating to the Site and/or the Service.
  18. Products Policy.
    1. Risk Of Loss Or Damage. All items purchased from the Company are made in accordance to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier. A claim must be made with the carrier prior to the product being replaced.
    2. Product Description. The Company attempts to be as accurate as possible with pictures and descriptions of products. If for any reason, you feel your order did not meet the description listed, please contact us via email at info@kcunlimited.com
    3. Limited Warranty. If your item has a manufacturing defect in its materials or workmanship, we will replace it at any time as long as the product was purchased from an Authorized Reseller with valid proof of purchase. The limited warranty gives you specific legal rights, and you may have other rights which vary from state to state.
  19. Idea submission policy and terms of submission.
    1. KITCHEN CONCEPTS UNLIMITED LLC  does not consider unsolicited ideas. KITCHEN CONCEPTS UNLIMITED LLC is continuously studying and developing new products to please its customers.
    2. The purpose of this policy is to avoid any confusion and disputes if KITCHEN CONCEPTS UNLIMITED LLC products, technology, advertising, promotions, processes, or other materials might appear similar to ideas submitted to KITCHEN CONCEPTS UNLIMITED LLC.
    3. Since KITCHEN CONCEPTS UNLIMITED LLC does not wish to consider unsolicited ideas or materials, the following terms apply to all submissions. (1) Your submissions and their contents will automatically become the property of KITCHEN CONCEPTS UNLIMITED LLC, without any compensation to you; (2) KITCHEN CONCEPTS UNLIMITED LLC may use or redistribute the submissions and their content for any purpose and in any way; (3) KITCHEN CONCEPTS UNLIMITED LLC has no obligation to review the submission; and (4) there is no obligation to keep any submission confidential.
    4. To the extent a submission is made under terms inconsistent with the terms and conditions of this section, the terms and conditions of this section govern.