The Kitchen N Bath service, and other products, services and websites hosted or made available by Kitchen N Bath are collectively referred to in these Terms as the “Service”. In exchange for being enabled to use the Service, you agree to abide by these Terms.
If you are a user who signs up for the Service, will create a personalized account which includes a unique email and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
This is a contract for Services that is personal to You and You may not and will not permit any third party to: (1) distribute, rent, loan, lease, sell, resell, sublicense, or otherwise transfer all or any portion of the Service, your rights with respect to the Service or Your Entitlements or any part of these Terms, to any other person or legal entity; (2) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels, or marks from or on the Service or modify, translate, adapt, arrange, or create derivative works based on the Service; (3) decompile, disassemble or otherwise reverse engineer the Service, or determine or attempt to determine any source code, algorithms, methods, or techniques used or embodied in the Service; (4) use the Service as a service bureau or enable use or access of the Service other than by Authorized Users; (5) use the Service in excess of, or in any manner inconsistent with, Your Entitlements or in violation of a law or regulation; (6) interfere with or disrupt the Service, or servers or networks connected to any website through which the Service is provided; (7) use the Service as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the site through which the Services are provided; (8) use the Service to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Kitchen N Bath , any network, system, server, or computer hosting the Service or related Software, or use the Service for any other benchmarking or competitive purposes or attempt to create a similar service through use of the Services or related Software; (9) use the Service to collect or store personal data about any person or entity, including other users of the Service, except as otherwise specifically subject to any related restrictions; (10) use the Software or access or use the Service except as expressly set forth in these Terms; or (11) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Kitchen N Bath in connection with the Service or access the Service with any code, serial number, or other copy-or access protection device not supplied by Kitchen N Bath directly or indirectly. Kitchen N Bath has the right (but not the obligation) to monitor and audit Your (and Your Authorized Users’) usage of the Service to verify compliance with these Terms. Any use or access other than in accordance with these Terms is unauthorized.
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You acknowledge that, unless otherwise specifically designated, Kitchen N Bath is the sole owner of all intellectual property rights to this Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, and other visual elements of the Site. All ownership rights pertaining to the information and material contained on this Site, including but not limited to the Kitchen N Bath and its products name, logos, trademark, graphics, photos, images, audio, video, messages, files and content, are owned or have been duly licensed by Kitchen N Bath , WITH ALL RIGHTS RESERVED. The Site pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of ever internal copy, Kitchen N Bath is acknowledged as the source with a copyright symbol. You are not granted any license to use the content. Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected Kitchen N Bath or other logo, graphic, photo or image, without the prior written permission of Kitchen N Bath , is strictly prohibited and will be enforced to the full extent of the law. Except for data and information submitted pursuant to an existing agreement with Kitchen N Bath , any ideas, material, or content submitted by any user on or through this Site (including by e-mail) is, to the extent you own the intellectual property rights, the sole property of Kitchen N Bath , and Kitchen N Bath has no obligation of confidentiality nor are we responsible for any claims of infringement or misappropriation that may result from any submission. Personal information submitted will be treated in accordance with our Privacy Statement. Kitchen N Bath makes no guarantee, representation or warranty that the content of this Site or its use will not infringe upon the intellectual property right of any person, nor that the use, transfer, reproduction, distribution, transmission, or storage of any Site content outside China is in compliance with the laws of any other governmental authority or jurisdiction which may be applicable.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by sending an email to the sender or mail to the following postal address:
Customer Support: email@example.com
Opting out may prevent you from receiving messages regarding the Company or special offers.
The service, is provided “as is,” without warranty of any kind. Without limiting the foregoing, the company expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
To the extent permitted by applicable law, in no event shall the company, and its customers, partners, and their respective employees, officers, directors, contractors, vendors, suppliers, licensors, assignees, successors, insurers and agents, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages(including for any special, indirect, economic, exemplary, incidental or consequential damages) or loss of any nature which may occur.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that these Terms will be interpreted under the laws of Mumbai City, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of the Site shall be first submitted in writing to Kitchen N Bath within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim which has been properly submitted to Kitchen N Bath which has not been resolved within a reasonable period time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST Kitchen N Bath BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration will be administered by Mumbai Arbitration Commission in Mumbai, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.