Terms of Use

Thank you for visiting IWANTaNewKITCHEN.com, your one-stop kitchen remodeling resource (the "Site"). This is a legal agreement ("Agreement") between IWANTaNewKITCHEN.com and you ("you"), so please read the following terms and conditions concerning your use of the Site. Also, IWANTaNewKITCHEN.com has a Privacy Policy that is part of this Agreement, so please read the Privacy Policy as well. By accessing, browsing, transmitting or downloading information to or from the Site, or in any other way using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of the following Terms of Use, do not use this Site.

2. License and Limitations on Use.

Permission is hereby granted to temporarily download and display or print one (1) copy of the information displayed, transmitted or carried on the Site (including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like, [collectively the "Content"]) for your personal, noncommercial, use only, provided that you do not remove any trademark, copyright, or any other notice contained in such Content. This is a grant of a license, not a transfer of title, and under this license you may not: (1) post, distribute, modify, or copy the Content; (2) use the Content for any commercial purpose, or for any public display (commercial or noncommercial); (3) attempt to decompile or reverse engineer any software contained on the Site; and (4) transfer the Content to another person or "mirror" the Content to any other server.

This license from IWANTaNewKITCHEN.com to you shall automatically terminate if you violate any of these restrictions and may be terminated by IWANTaNewKITCHEN.com at any time for any reason on notice to you. In the event of termination of this license from IWANTaNewKITCHEN.com, you agree to immediately destroy the Content in your possession, whether in electronic or printed form.

Additionally, by posting messages, uploading files, inputting data, engaging in any other form of communication (collectively referred to as "Communication"), or in any other way using the Site, you are granting to IWANTaNewKITCHEN.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

3. No Unlawful or Prohibited Use.

As a condition of your use of the Site, you warrant to IWANTaNewKITCHEN.com that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and any notices posted at any time on the Site. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. You may not post, distribute, or reproduce in any way copyrighted material, trademarks, or other proprietary information on the Site without obtaining the prior consent of the owner of such proprietary rights.

The Site may contain or connect with web sites, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

IWANTaNewKITCHEN.com has no obligation to monitor the Communication Services. However, IWANTaNewKITCHEN.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. IWANTaNewKITCHEN.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

IWANTaNewKITCHEN.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IWANTaNewKITCHEN.com’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. IWANTaNewKITCHEN.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, IWANTaNewKITCHEN.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of IWANTaNewKITCHEN.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. IWANTaNewKITCHEN.com will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any materials reasonably believed to be unlawful or prohibited.

4. Third Party Products and Services.

The Site is linked to the web sites of third parties. IWANTaNewKITCHEN.com makes a good faith effort to link only to sites that will treat you fairly, but it does not control these linked sites or the owners and operators of such sites. IWANTaNewKITCHEN.com makes no representations as to the content, quality, suitability, functionality, or legality of any sites linked to the Site. You hereby waive and agree not to assert any claim against IWANTaNewKITCHEN.com with respect such sites and the owners and operators of such sites. If you choose to purchase or order products or services offered through sites linked to IWANTaNewKITCHEN.com, all matters concerning your order or purchase are solely between you and the person or entity from whom you order or purchase such products or services. You hereby acknowledge that IWANTaNewKITCHEN.com is not party to any such transactions even if IWANTaNewKITCHEN.com has received some form of revenue or remuneration in connection with such transactions.

5. Modification of Terms; Modification of Site and Access to the Site; Typographical Errors.

IWANTaNewKITCHEN.com reserves the right to change the terms, conditions and notices under which the Site is offered. You are responsible for regularly reviewing these terms, conditions and notices, as well as the Privacy Policy. IWANTaNewKITCHEN.com may make changes to the terms, conditions, notices and Privacy Policy by posting the changes on the Site. Your continued use of the Site after any such changes have been posted constitutes your agreement to be bound by such changes. If you do not want to be bound by such changes, do not make further use of the site, and, if you are registered or are a member, please notify us so that your registration or membership can be terminated. Otherwise, the terms, conditions, notices and Privacy Policy may not be altered, supplemented, or except by a written agreement signed by a duly authorized representative of IWANTaNewKITCHEN.com and you. Any attempt by you to alter, supplement or amend these terms and conditions, or any posted notice, will be null and void, unless otherwise agreed to in a written agreement signed by a duly authorized representative of IWANTaNewKITCHEN.com.

IWANTaNewKITCHEN.com reserves the right to discontinue, change, suspend, or restrict access to the Site or any portion or feature of the Site at any time without liability to you or any third party.

The Content on the Site could contain technical, typographical, photographic, or other, errors. IWANTaNewKITCHEN.com does not warrant that any of the Content on the Site are accurate, complete, or current. IWANTaNewKITCHEN.com may make changes to the Content on the Site at any time without notice. IWANTaNewKITCHEN.com does not, however, make any commitment to update the Content. In the event a product is listed on the Site at an incorrect price for any reason, IWANTaNewKITCHEN.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, IWANTaNewKITCHEN.com shall issue a credit to your credit card account in the amount of the incorrect price in a commercially reasonable amount of time.

6. Disclaimer of Warranties and Limitation of Liability.

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

IWANTANEWKITCHEN.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, THE CONTENT, LINKED SITES OR CONTENT, OR OTHER INFORMATION, PRODUCTS, SERVICES OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON OR THROUGH IWANTANEWKITCHEN.COM’S SITE OR YOUR USE OF THE SITE GENERALLY.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IWANTANEWKITCHEN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE SITE, THE CONTENT, LINKED SITES AND CONTENT, OR YOUR USE OF THE SITE OR LINKED SITES GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL IWANTANEWKITCHEN.COM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR ANY OF THE CONTENTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE OR ANY OF THE CONTENT RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

IWANTANEWKITCHEN.COM CANNOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR OTHERWISE TORTIOUS OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.

YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE RETURN POLICY, IWANTANEWKITCHEN.COM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES ("SERVICE PROVIDERS") SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL IWANTANEWKITCHEN.COM OR ANY OF ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) WITH RESPECT TO THE SITE AND CONTENTS, INCLUDING BUT NOT LIMITED TO, THE INFORMATION, OR OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE SITE, YOUR USE OF THE SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER IWANTANEWKITCHEN.COM OR ANY OF ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF IWANTANEWKITCHEN.COM AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE PURCHASED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

7. Indemnification.

You agree to indemnify and hold IWANTaNewKITCHEN.com, its affiliates, directors, officers, employees, consultants, agents, or other representatives harmless from any claim, demand, expense or damage, including reasonable attorneys' fees relating to your use of the Site or violation of this Agreement, including, but not limited to, damages resulting from your publishing, posting, uploading, distributing, or disseminating any material or information which is alleged to infringe a third party’s intellectual property rights.

8. Intellectual Property Rights.

The Site and its Content are protected by the law of copyrights, trademarks and other intellectual property rights. Except as otherwise provided herein, your use of the Site and its Content are governed by the applicable laws of the relevant jurisdiction concerning such rights. The trademarks, service marks, and logo’s (collectively the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of IWANTaNewKITCHEN.com and others. Nothing on this Site should be construed as creating, by implication, estoppel, waiver, or otherwise, any license or right to use any of the Trademarks displayed on the Site, without written permission of the owner of such marks. IWANTaNewKITCHEN.com aggressively enforces its intellectual property rights to the fullest extent of the law. The name "IWANTaNewKITCHEN.com" and the "IWANTaNewKITCHEN.com" logo may not be used by you in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission of IWANTaNewKITCHEN.com, and, if applicable, compliance with the terms of any agreement authorizing use of the name and logo.

A partial list of U.S. Trademarks owned by IWANTaNewKITCHEN.com follows. [list marks.] Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of IWANTaNewKITCHEN.com should be referred to IWANTaNewKITCHEN.com at _______________. [The Trademarks followed by an asterisk (*) are registered trademarks of IWANTaNewKITCHEN.com.]

Only valid credit cards acceptable to IWANTaNewKITCHEN.com may be used for orders placed with IWANTaNewKITCHEN.com, and all refunds will be credited to the same card. By submitting your order for processing, you authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site before order submission) to your card. If your card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically. You agree to update your card information to keep it current at all times and that we may submit charges for processing even if your card has expired. You must resolve any problem before proceeding with your order.

All prices and availability of products are subject to change without notice. Taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

10. Governing Law, Consent to Jurisdiction and Choice of Forum.

The site is controlled and operated by IWANTaNewKITCHEN.com from the State of Ohio in the United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be performed entirely within such state without resort to the conflict of laws rules of the State of ohio or any other state. Because you are entering into this Agreement and accessing or using the Site of your own initiative and for your own benefit, you hereby consent to the exclusive jurisdiction of the state and federal courts in Cuyahoga County, Ohio, and consent and submit to the exercise of personal jurisdiction over you by such courts, in connection with all disputes arising out of or relating to this Agreement, our products or services or your use of the Site.

11. Dispute Resolution.

Unless otherwise agreed to by the parties, and with the sole exception of disputes concerning the infringement of the intellectual property rights of IWANTaNewKITCHEN.com, all disputes arising out of or relating to this Agreement, our products or services, or your use of the Site shall be arbitrated in Cuyahoga County, Ohio by a single arbitrator under the then obtaining Commercial Rules of the American Arbitration Association. Judgment on any arbitration award may be entered in any court having jurisdiction thereof. Either party may seek interim or preliminary relief from a court of competent jurisdiction in Cuyahoga County, Ohio necessary to protect rights or property pending the completion of arbitration.

12. Attorney's Fees.

The prevailing party in any legal action or arbitration of a dispute arising out of or relating to this Agreement, our products or services, or your use of the Site shall be entitled to recover all costs and expenses, including reasonable attorney's fees, incurred in enforcing or in attempting to enforce any of the terms, covenants or conditions hereof, including costs incurred prior to commencement of legal action or arbitration, and all costs and expenses, including reasonable attorney's fees, incurred in any appeal from an action or arbitration brought to enforce any of the terms, covenants or conditions hereof.

The Site, and its Content, are or may be subject to United States export controls. The Content from this Site may not be downloaded or otherwise exported (1) into, or to a national or resident of, Cuba, Iran, Iraq, North Korea, Sudan, Syria or to any other country which the United States has embargoed goods; (2) to anyone on the U.S. Treasury Department’s list of Specially Designed Nationals or the U.S. Commerce Department’s Table of Denial Orders (the "Restricted List").

By using or downloading any Content from the Site, you agree to comply with these Terms of Usage and affirm that you are not in, or a national or resident of, any such country or on any Restricted List.

14. Headings.

The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

15. English Language.

This Agreement shall be deemed accepted in and shall be construed in accordance with a fair reading of the English text hereof.

16. Notices.

All notices, demands and other communications hereunder must be in writing or by written telecommunications, and will be deemed to have been duly given: (1) if mailed certified mail, postage prepaid, on the date three (3) business days from the date of mailing; (2) if delivered by overnight courier, when received by the addressee; or (3) if sent by electronic mail, receipt confirmed, on the date of receipt by you (or if such day is not a business day, on the business day immediately following the date or receipt by you), in each case at the addresses set forth below, or such other address as either party may specify in writing:

If to IWANTaNewKITCHEN.com:
13878 Cedar Rd.
Suite 10
Cleveland, Ohio 44118-3211

With a copy to: info@iwantanewkitchen.com

If to You: The e-mail address you provide to

us when you access the Site.

17. Severance and Enforceability of Provision.

In the event any provision of this Agreement conflicts with the law of the jurisdiction under which it is being construed or is held invalid by a court with jurisdiction over both the Agreement and the parties thereto, such provision will be reformed or construed to reflect as nearly as possible the original intentions of the parties and the remainder of the Agreement shall remain in full force and effect.

18. Complete Agreement and Non-Waiver.

The parties agree that this Agreement and the Privacy Policy referenced herein constitute the sole and complete Agreement between the parties; that no oral or other statements, inducements or representations have been made to or relied upon by the parties; that modifications may be made only as set forth herein. The failure of either party to insist on or enforce strict performance of the Agreement, or to exercise any right under the Agreement, shall not be construed as a waiver or relinquishment of any right under the Agreement or the right to assert or rely on any provision of the Agreement in that or any other instance.