Member Terms Of Use

Member Terms of Use

MEMBER Last updated: May, 1st 2017 This page outlines the terms and conditions (referred to as “Terms”, “Terms and Conditions” or “Agreement”) relating to your (Your, You) use and the use by all users and members of the www.contractorkitchens.com website and other websites administered by iProKitchens Inc. DBA ContractorKitchens.com (the “Company”, “IPK”, “Us”, “We”, “Our”) where these Terms are posted, and any tools hosted thereon, its content, the software, and any and all materials, products and/or services made available through the IPK Website and from Us (collectively, the “Site”). Please scroll down to review the entire agreement.

Agreement
By accessing, browsing, and using the Site you accept and agree to be bound by these Terms. Submitting a registration, engaging our services, purchasing product or signing into a registered account signifies your constructive and actual notice and knowledge of your agreement. You consent to the use of electronic means or the use of the Site to provide You with any notices given pursuant to this Agreement and to electronic records to store information related to this Agreement or your use of the Site. Any notices given pursuant to this Agreement are enforceable in electronic format. You agree to use the Site in accordance with all applicable laws and regulations in accordance with the terms outlined herein, and the Privacy Policy located on the Site.

Updates
These Terms may be updated from time to time and the most recent version of the Terms will be posted on the site with a revision date attached. A “Change to Terms” notice will be posted on the hoprivacy policyme page when new revisions are posted and for 30days thereafter notifying you that changes were made. Your use of the Site thereafter constitutes your acceptance of these changes to the Terms.

IMPORTANT! ALL USE OF THE SITE IS SUBJECT TO THE TERMS OF THIS AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS AGREEMENT IN ORDER TO ACCESS AND USE THE SITE. THESE TERMS GOVERN YOUR USE OF THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND INFORM US IMMEDIATELY TO RESCIND AND/OR CLOSE YOUR ACCOUNT AND YOUR ACCESS TO THE SITE.

Use of this Site
You may use this Site only for purposes expressly permitted within the Terms. You may not use or facilitate any other individual or entity to use this Site for any other purpose, including any other commercial purpose, without Our express, prior written consent. Including but not limited to; download, modify, reproduce, reverse engineer, adapt, publicly display, license, sell, rent, create derivative works , or in any way commercially exploit any portion of this Site, reformat or frame any portion of any Web pages that are part of this Site; use this Site to violate security of or gain unauthorized access to any computer, device, or computer network; submit to this Site any content that implies or states falsely that such content is endorsed or sponsored by Us; remove any copyright, trademark or other proprietary rights notice contained in or on the Site. Further, You agree not to use or attempt to use the Site for any purpose that: interferes with or induces a breach of the contractual relationships between IPK and its employees; is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property.

Membership
IPK grants you a limited, nonexclusive, nontransferable and revocable membership and license to use the Site in accordance with these Terms. Membership is available to the owner or corporate officer of a Contracting, Home Remodeling, Home Builder, Architectural, or Interior Design Business. You shall have the sole authority to make changes to the Membership and receive and request appropriate information. You agree and warrant that: You are of the age of legal consent for accessing the Site; all information that You provide in Your registration form for the purposes of establishing Your membership is true and correct and You will promptly notify us of any changes to such information; We reserve the right to deny membership to any applicant and terminate membership at our discretion and for any reason.

Your Account
You must choose a user name (“Log-In”) and password during registration. You are solely responsible for all actions taken using Your Log-In and password. You must make every effort to keep Your Log-In and password safe and should not disclose it to anyone. You will not permit, either directly or indirectly, any other individual or entity to use Your Log-In or password, or provide them with access to the Site or any information, data, text, links, images, software, chat, communications and other content available through the Site and proprietary and or confidential to IPK (collectively, “Content”) You acknowledge that disclosure of Confidential Information may cause substantial harm for which damages alone may be an insufficient remedy, and so upon breach of this Agreement We are entitled to seek appropriate equitable relief in addition to any other remedies it may have at law. We take no responsibility for any third party access to Your membership and are not responsible for any losses or problems You suffer as a result of Your disclosure of Your Log-In or password information to anyone else. To access all or some of the services, You must have previously established a valid Account as provided herein. Further, You must meet all the conditions described throughout these Terms. You agree and understand that We collect data relating to Your Log-In, Your use of the Services, and Your other Account activity and that some of this information may be made public. IPK reserves the right (but does not undertake the obligation) to conduct a review, at any time, to validate Your Account information, collected under this Agreement to ensure that Your participation in the Site does not breach this Agreement and/or any applicable law. You authorize Us and our agents to make any inquiries of You and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, You agree to provide sufficient information or documentation as IPK, in its discretion, may request. If You do not provide such information within ten (10) days of our request, Your responses are incomplete or otherwise insufficient, or if IPK cannot verify the information applicable to Your Account submitted pursuant to this Agreement, Your Account may be terminated as set forth hereunder.

Intellectual Property
All intellectual property appearing on the Site, including, but not limited to, all trademarks, service marks, trade names, trade dress, copyrights, images, illustrations, graphics, logos, text and layout and design of this Site are owned or licensed by ContractorKitchens.com Nothing contained on this Site shall be deemed as granting by implication, estoppel or otherwise, any license or right to any patent, trademark or copyright of ContractorKitchens.com or its licensors, or to use the intellectual property of ContractorKitchens.com displayed on this Site without the express written permission of ContractorKitchens.com.

Submissions and Testimonials
You acknowledge and agree that all submissions to IPK containing any content, remarks, graphics, comments, improvements, suggestions, ideas and other information (together, “Submission”) will become and remain Our exclusive property, including any future rights associated with such Submissions, even if the provisions of these Terms are later modified or terminated. This means that You forever disclaim any proprietary rights in such Submissions, and You hereby grant to IPK the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. IPK will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future IPK operations. You acknowledge and agree that all testimonials submitted to Us will become and remain our exclusive property, even if the provisions of these Terms are later modified or terminated. This means that You irrevocably grant to IPK the unrestricted right (now and in the future, without notice, compensation or other obligation to You or any other person) to use Your statement, image, signature and/or likeness, as furnished by you in any Submission, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that IPK may use any percentage of Your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude Your name or use a fictional name therewith.

Other Site Links:
ContractorKitchens.com may provide links to other internet sites for your convenience. Access to any other internet site linked to this Site is at the user’s own risk, and ContractorKitchens.com is not responsible for the content, accuracy or reliability of any information, data, opinions, advice or statements made on any such sites. The inclusion of any such sites does not imply any endorsement. You acknowledge that when you click on a link that leaves a ContractorKitchens.com Site, the site you are entering is beyond the control of ContractorKitchens.com. If you decide to access any of the sites linked to this Site you do so entirely at your own risk.

Virus Disclaimer
You understand that IPK cannot and does not represent or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and safeguards to satisfy Your particular requirements for the security and integrity of your hardware, software, firmware and related equipment and files, and for maintaining a means external to this Site for the reconstruction of any lost data. IPK does not assume any responsibility or risk for Your use of the Internet. No content is necessarily complete and up-to-date and, accordingly, should not be used to replace any written reports, statements, or notices provided by IPK. Investors, borrowers, and other persons should use the content in the same manner as any other educational medium and should not rely on the content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to Your goals. You understand and acknowledge that IPK controls and operates the Site from within the United States of America. The Site provides information regarding services and products that are made available in the Continental United States only. We make no representation that the services or products about which information may be provided on the Site will be available (a) anywhere outside of the Continental United States or (b) in every state within the United States. You acknowledge and agree that You are responsible for compliance with all federal, state and local laws applicable to Your access to and use of the Site.

Software Available on Web Site
Any software that is made available to download from this Web site is the copyrighted work of iProKitchens inc. and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, iProKitchens inc. hereby grants to you a personal, nontransferable, non-sub licensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by iProKitchens inc. in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.

Term
We may terminate your access to all or any part of the Site at any time, with our without cause, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a member account You may terminate Your Account at any time by giving us thirty (30) days prior written notice to the e-mail address Support@ContractorKitchens.com. We expressly reserve the right to terminate Your Account (including Your Log-In and password) for any reason, including without limitation, latency or a violation of any terms or conditions of this Agreement, or if You have breached any of the Terms, or Your use of the Services have been in any way improper or breach the spirit of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty and liability disclaimers, and indemnity.

Indemnity
You agree to indemnify and hold IPK, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by You, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to pay any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information, content and services accessed from this Site.

Liability
Neither IPK nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site, whether or not caused in whole or in part by our negligence or by contingencies beyond our control (such as computer viruses). We are not be liable for any loss or injury resulting directly or indirectly from our Site. Neither we, our suppliers or manufacturers are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access any of our Site, material, content, information, goods or services. Neither IPK or affiliated companies, nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Without limiting the foregoing, all material on this site are provided to you ONLY with manufacturer supplied WARRANTIES. IPK does not warrant or offer any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You agree to store all defective or damaged material up 90days from date of claim. IPK reserves the exclusive right to inspect and or demand the return of material claimed under the manufacturer’s warranty. Returns will be at the sole discretion of IPK and all expense’s for storage and or freight and shipping to return said material will be at your sole expense. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

CALIFORNIA CIVIL CODE SECTION 1542
YOU, AND NOT IPK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. IPK MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IPK, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF IPK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF IPK AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO IPK FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Applicable Law
The validity, construction and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of New Jersey. Each party hereto agrees that all claims relating to this Agreement will be heard exclusively by a state or federal court in the State of New Jersey. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court in the State of New Jersey over any proceeding related to this Agreement, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect. The headings in this Agreement are for convenience only and have no legal or contractual effect.

Force Majeure
Neither party will be liable for any delay or failure to perform its obligations under this Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.

No Waiver
IPK’s failure to act with respect to a breach by you or others does not waive IPK’s right to act with respect to subsequent or similar breaches. The failure of IPK to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of this Member Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.

Agreement to Conduct Transactions Electronically
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that we may record any oral conversations. Should we decide to conduct transactions non-electronically, those transactions will still be governed by the remainder of these Terms.

Assignment
You will not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of IPK. Any such purported assignment or delegation by you without the appropriate prior written consent of IPK will be null and void and of no force or effect, unless otherwise expressly consented to by IPK at its sole and absolute discretion. IPK may assign this Agreement or any rights hereunder without your consent.

Designs
Completion time, as outlined in the design section, is calculated from the time we receive the completed measurement form. Inaccurate or incomplete information will result in longer completion times. The completed Design will be sent to you by email to the email address provided. All designs are recommendations based on information provided by You. You, or your installer are to hold to our dimensions. We will help you design your project, however it is the your responsibility to verify all designs before making any purchases. We do not guarantee or take responsibility for any designs. All designs are based on customer preferences., IPK accepts no responsibility for inaccuracies which are the direct or indirect result of information provided to us. It is Your responsibility to double check all measurements, review design, confirm that the design will work, confirm that no unknown or hidden issues will hamper the execution of the design, and ensure all information is accurate and detailed. IPK accepts no responsibility regarding suggested structural changes, including but not limited to removing or opening existing walls, and changes to doorways and / or windows. You should check with an engineer to determine if the desired changes comply with local building codes and to determine the scope of work required to achieve those changes. Changes to the appliances specified after the Design is completed may result in the appliances not fitting. IPK accepts no responsibility for changes to the appliance specifications after the Design is completed. If specific appliances are not specified, general allowances will be used in the Design and it is your responsibility to confirm capability once the appliances are chosen. You acknowledge that all drawings are to be used as a guide only. You acknowledge and agree that YOU are responsible for checking the accuracy, and practicality of all designs. That IPK will not, and is not responsible for the designs, layouts, or materials lists that we provide, It is your sole responsibility to check all designs and material lists for accuracy. Three Dimensional views and rendered elevations are for artistic purposes only. Check your the appropriate specifications PDF for details. for Any missing or additional parts or materials that you may need or request are chargeable.

Orders
Any order shall be subject to acceptance by ContractorKitchens.com. ContractorKitchens.com may decline any order in whole or in part, for any lawful reason whatsoever. If ContractorKitchens.com accepts your order, ContractorKitchens.com will notify you of its acceptance by sending an order confirmation. Once ContractorKitchens.com has sent the order confirmation to you, you may not cancel the order. ContractorKitchens.com is not responsible for pricing, typographical or other errors in any offer by ContractorKitchens.com and ContractorKitchens.com reserves the right to cancel any orders arising from such errors.

Entire Agreement
This is the entire agreement between You and Us, with respect to the subject matter hereof, superseding all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of this Agreement that may have been accepted by you through the IPK website or otherwise). No agent of IPK, unless authorized in writing by IPK, has any authority to waive, alter, or enlarge this contract, or to make any new or substituted or different contracts, representations or warranties. The following policies are incorporated into the Agreement by reference and provide additional terms and conditions: Terms Of Sale, Privacy Polocy, collectively, the “Policies”). To the extent that there are any conflicts between the terms or conditions in such related policies and the Agreement, the terms and conditions of the Agreement shall govern. You agree to comply with this Agreement, and all other policies as set forth in the Site. The Policies, including any amendments which may be made from time to time will be posted on the site with a revision date attached, are hereby incorporated by reference into this Agreement. A “Change to Policies” note will be posted on the home page when new revisions are made and for 30days thereafter notifying you that changes were made.

Showroom
You certify that you do not now own, or have any interest in any kitchen/bath showroom or any type of retail space where kitchen cabinets are displayed and sold, and further agree to inform IPK if, at any time you do own, open, or have an interest in any retail location that displays and sells kitchen/bath cabinets. You agree to keep all pricing, specification, log-ins, passwords, Supplier names, and contacts, confidential. You agree, not to disclose any IPK information, sources, specifications, suppliers, clients, customers to anyone, at anytime. You agree, not to compete with, or have a vested interest or ownership in, any entity that competes with IPK within IPK’s delivery area for a term of 3 years. You agree to pay ALL charges that you incur to IPK, and personally guarantee all purchases you, or anyone you authorize to make purchases for you.

Miscellaneous
The headings in this Agreement are for purpose of convenience only. You have not relied upon any oral representations or any additional representations other than the contents of this Agreement. Interpretation of this Agreement shall not favor one party or another by virtue of drafting or authorship. Failure or a choice not to enforce any right or privilege provided by this Agreement against You, shall not be deemed or considered or operate as a waiver of the right to enforce any right or privilege provided by this Agreement at any time in the future. All discounts are predicated on timely and complete payment compliant with these Terms. This Agreement is not assignable or transferable by You. The Federal E-Sign Act (HR-1714) on Final Digital Signature provides that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing the online application, I certify that My digital signature is the equivalent of My handwritten signature. Also, I declare that I have read and understand all of the Terms and Conditions of this Agreement and I agree to and do sign each section of these Terms with My digital signature. You acknowledge and accept that any breach of the Terms is likely to irreparably harm Us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions the Terms we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law.

Trade Professional
You certify that you are a Trade Professional familiar with and accustomed to the standard trade practices, terminology, definitions, and customs of the Kitchen and Bath Industry and accept all responsibility to educate and inform your customers of such; specifically but not limited to wood species expectations, specialty finish, paints and glaze application expectations, door and drawer adjustments, wood expansion and contraction and moisture content. You accept the responsibility and obligation of correcting minor issues; fixing and repairing minor defects or damage. We reserve the right to determine what is considered minor. In no circumstances do we cover labor charges. In any event where new or replacement materials are supplied, the cost and burden of labor to install or repair materials will solely be yours.