Cabinware LLC, its affiliates and subsidiaries (collectively, “we,” “us,” or “our”) welcome you. We invite you to access and use the websites we own or control, including but not limited to the websites for the brands we own or control (collectively, the “Websites” and each, a “Website”), services that are made available through the Websites (the “Services”), and products that are made available for purchase through the Websites (“Products”), subject to the following terms and conditions (“Terms of Use”). BY BROWSING THE PUBLIC AREAS OF ANY OF THE WEBSITE, ACCESS AND/OR USING THE SERVICES AND/OR BY PURCHASING PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE HEREBY INCORPORATED INTO THESE TERMS OF USE AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITES, THE SERVICES AND/OR PURCHASE OUR PRODUCTS.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate any of the Website, Services, Products or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Websites. By continuing to access or use any of the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website and the Services.
If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Eligibility
This Website is available for individuals aged 18 years or older. You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this Website in accordance with the terms and conditions of this agreement.
Ownership; Intellectual Property
The Website is protected by intellectual property laws, including but not limited to United States copyright laws. You expressly acknowledge and agree that the content accessible within the Website is the property of Cabinware and its content providers, and Cabinware and its content providers retain all right, title, and interest in the Content.
Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Cabinware (collectively, the “Cabinware Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Cabinware. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Cabinware Trademarks, the “Trademarks”). Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Cabinware Trademarks inures to our benefit.
Elements of this Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
ACCOUNT CREDENTIALS
Some of our Websites, may give you the option to create a user account to facilitate purchases through the Website. If you choose to create a user account, you will have to provide your email address (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). Please note that you may choose to make purchases without creating an account. When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one user. You are responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. You represent and warrant that the information you provide to us during the account creation and at all other times will be true, accurate, current, and complete.
USER GENERATED CONTENT
From time to time, we may allow you to post reviews, comments, photos, or similar materials on the Websites (collectively, the “User Generated Content”). We cannot and do not review it all -- we are merely acting as a passive conduit for distribution of the User Generated Content to other users of our Websites. That said, we may remove User Generated Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us in our sole discretion.
You expressly acknowledge and agree that once you submit User Generated Content through any of the Websites, it will be accessible by other users of the Websites, and that there is no confidentiality or privacy with respect to such User Generated Content, including, without limitation, any personal information that you may make available. YOU ARE ENTIRELY RESPONSIBLE FOR ALL USER GENERATED CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.
You retain all copyrights and other intellectual property rights in and to the User Generated Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your User Generated Content as reasonably necessary to provide the Websites and the Services.
If you submit User Generated Content to us, each such submission constitutes a representation and warranty to us that such User Generated Content is your original creation (or that you otherwise have the right to provide the User Generated Content), that you have the rights necessary to grant the license to the User Generated Content under the prior paragraph, and that it and its use by us and our content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates the terms of this Agreement.
FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website and our services (“Feedback”). Although we encourage you to email us, you should not email us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
NO WARRANTIES/LIMITATION OF LIABILITY
THE WEBSITE, THE CONTENT AND CABINWARE’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. THE COMPANY HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
Third Party Sites
This Website may contain links to third-party websites (“Third Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third Party Sites. The content of such Third Party Sites is developed and provided by others. You should contact the site administrator or webmaster for those Third Party Sites if you have any concerns regarding such links or any content located on such Third Party Sites. We are not responsible for the content of any linked Third Party Sites and do not make any representations regarding the content or accuracy of materials on such Third Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third Party Sites, you do so at your own risk.
Indemnification
You agree to defend, indemnify, and hold Cabinware, its affiliates, and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, the “Cabinware Parties”) harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of this Agreement; (ii) your use of the Website and/or the Content in violation of this Agreement; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
Compliance with Applicable Laws
This Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access this Website, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your and any device’s access to all or any part of this Website and the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Website or the Content at any time without prior notice or liability.
Binding Arbitration
At Cabinware’s sole discretion, we may require you to submit any disputes arising from the use of the Content and the Agreement, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination of these Terms of Use, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law. Nothing in this Agreement will prevent Cabinware from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Cabinware’s proprietary interests.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Privacy Policy; Your Information
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Miscellaneous Terms
If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Ownership; Intellectual Property,” “Contact with Cabinware,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination,” “Compliance with Applicable Laws,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous Terms.” You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its principles of conflicts of laws. Except for proceedings commenced by Cabinware to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the Los Angeles, California. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement contains the entire agreement of the parties concerning its subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.