La Mesa, CA (619) 466-5100

San Diego, CA (858) 693-4000

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Testimonials

"We have had the full-time services of your crews on a daily basis for nearly six weeks in conjunction with a major kitchen remodeling job...

E. Thomas, Encinitas

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Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing or Using This Website.

Effective Date: This Terms of Use Agreement was last updated on 11-01-08.

This Terms of Use Agreement sets forth the standards of use of the Kitchens Plus, Inc. (the "Company") Online Service KitchensPlusSD.com. The Company reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. User's continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

BY USING THE KITCHENSPLUSSD.COM WEBSITE (THE "SITE") IN ANY MANNER OR BY PLACING AN ORDER THROUGH THE SITE YOU (THE "USER") AGREE TO FOLLOW AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THE SITE ("TERMS") AND OUR PRIVACY POLICY. IF USER DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, USER SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS SITE.

1. Description of Service

The Company is providing an online website to provide information regarding home remodeling. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees relate with such connection.

2. Right to Refuse Service

The Company, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason.

3. Registration/Purchase

Certain sections of, or offerings from, the Site may require User to register. If registration is requested, User agrees to provide the Company with accurate, complete registration and/or purchase information. User's registration must be done using accurate information. Each registration is for Users personal use only. The Company does not permit (a) any other person using the registered sections under User's name; or (b) access through a single name being made available to multiple users on a network. User is responsible for preventing such unauthorized use.

4. Limited License; Permitted Uses

User is granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that User maintains all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by User in any litigation or arbitration matter whatsoever under any circumstances.

5. Restrictions and Prohibitions on Use

User's license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: User may not (a) copy, print (except for the express limited purpose permitted by Section 5 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

6. Content

The Content is provided for general informational purposes only and does not constitute any advice, promise, or obligation of the Company, does not necessarily provide the most up-to-date information about the Company and/or its products or services, and is subject to change without notice. Although Content is believed to be accurate, the Company does not guarantee or ensure the accuracy, completeness, or timeliness thereof.

7. Disclaimer of Warranties

The site is provided by the Company on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any interruptions in the use of this Site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE COMPANY IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY OF THE COMPANY, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INLCUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE OR THE COST OF THE PRODUCT FOB PLANT, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.

9. Indemnification

User agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Site or Services herein, the violation of this Agreement, or infringement by User, or other user of the Site or Services herein using User's computer, of any intellectual property or any other right of any person or entity.

10. Modifications and Interruption to Service

The Company reserves the right to modify or discontinue the Service with or without notice to the User. The Company shall not be liable to User or any third party should the Company exercise its right to modify or discontinue the Service. User acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

11. Third-Party Sites

The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. User acknowledges that the Company is not responsible for the availability of, or the content located on or through, any third-party site. User should contact the site administrator or webmaster for those third-party sites if User has any concerns regarding such links or the content located on such sites. User's use of those third-party sites is subject to the terms of use and privacy policies of each site, and the Company is not responsible therein. The Company encourages all Users to review said privacy policies of third-parties' sites.

12. Linking to the Site

User may provide links to the Site, provided (a) that User does not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) Users site does not engage in illegal or pornographic activities, and (c) User will discontinue providing links to the Site immediately upon request by the Company.

13. Privacy Policy.

The Company's Privacy Policy, as it may change from time to time, is a part of this Agreement.

14. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While the Company makes every effort to ensure that the information on this Site is accurate, the Company can make no representations or warranties as to the accuracy or reliability of any information provided on this Site. The Company makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and User acknowledges that any reliance on representations and warranties provided by any Vendor shall be at User's own risk.

15. Governing Law

The Site is operated and provided in the State of California, County of San Diego. As such, this Agreement shall be construed and enforced in accordance with the laws of the state of California. The Company makes no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if the User chooses to access the Site the User agrees to do so subject to the internal laws of the State of California. Any dispute or matter arising under this Agreement or related to any product or service offered by the Company shall be submitted to The Superior Court Of The State of California, County of San Diego.

16. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

17. Unlawful Activity

The Company reserves the right to investigate complaints or reported violations of this Agreement and to take any action the Company deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User's profile, email addresses, usage history, posted materials, IP addresses and traffic information.

18. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright 2008 Kitchens Plus, Inc., with all rights reserved, or is the property of the Company and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited. User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the Company.

KitchensPlusSD.com, is a proprietary mark of the Company. The Company's trademarks may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.

All other trademarks displayed on the Company's Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the Company.

19. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
Matt Barns
7943 University Ave.
La Mesa, CA 91941
By Telephone: (619) 466- 5100
By Email: Email Us

20. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. User agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to Users participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.