TERMS AND CONDITIONS
THIS AGREEMENT DESCRIBES THE TERMS BY WHICH KRISTLINE CORP. OFFERS YOU ACCESS TO THOSE PRODUCTS, MATERIALS AND SERVICES DESCRIBED ON THIS WEB SITE (THE "WEB SITE"). BY BROWSING OR ACCESSING THIS WEB SITE, YOU ACCEPT AND ACKNOWLEDGE WITHOUT LIMITATION OR QUALIFICATION (I) EACH OF THE FOLLOWING TERMS AND CONDITIONS; (II) THAT YOU HAVE THE CAPACITY TO BE BOUND BY THESE TERMS AND CONDITIONS; AND (III) THAT IF YOU ARE A COMPANY OR OTHER FORM OF LEGAL ENTITY, THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH COMPANY OR ENTITY.
As used herein, the term "Agreement" means this Terms and Conditions and all terms, conditions and rules that may be published or displayed from time to time by Kristline on this Web Site or any other link to or from this Web Site, including each amendment, alteration, modification or supplementation of any and all of the following, all of which are incorporated herein by reference. YOU SHOULD READ THIS AGREEMENT EACH TIME YOU USE THIS WEB SITE.
1. NATURE OF WEB SITE AND WEB SITE MATERIALS. This Web Site is intended to provide a secure on-line environment for the purchase and sale of Kristline's products, and to provide you with information relating to such products (the "Service"). You should assume that everything you see or read on the Web Site is the property of Kristline and copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the Web Site without the written permission of Kristline. All trademarks, service marks and trade names of Kristline used herein or on the Web Site (including but not limited to the name "Grill4All") are trademarks or trade names of Kristline Corp.
2. DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER KRISTLINE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEB SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED TO YOU ON THIS WEB SITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. KRISTLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. KRISTLINE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, FREE OF INFECTION OR VIRUSES, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT YOUR INFORMATION OR OTHER DATA WILL NOT BE LOST. KRISTLINE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE WEB SITE, OR YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE.
YOU FURTHER UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. YOU ALSO ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. EXCEPT AS OTHERWISE NOTED AT THE TIME OF SALE, KRISTLINE MAKES NO WARRANTY REGARDING ANY PRODUCTS PURCHASED OR SERVICES PROVIDED OR OBTAINED BY VIRTUE OF YOUR USE OF THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KRISTLINE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
3. LIMITATION OF LIABILITY. Kristline, its parents, subsidiaries, affiliates, directors, officers, managers, employees and agents shall not be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with your use of the Web Site or any transaction undertaken by you through the use of the Web Site. The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of Kristline and its parents, subsidiaries, affiliates, directors, officers, managers, employees and agents, which, but for this provision, would give rise to a course of action in contract, tort or any other legal theory. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
4. PROPRIETARY RIGHTS. You acknowledge that the Web Site content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Web Site or in sponsor advertisements or commercially produced information presented to you as part of your use of the Web Site ("Content") by Kristline, Kristline's advertisers or other third parties is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use the Content as expressly authorized by Kristline, the advertiser or a third party, as applicable. Use of the Web Site does not transfer, convey or grant any right, title, or interest in the Content to you, and you may not copy, reproduce, distribute, or create derivative works from the Content without express authorization from Kristline, the advertiser or the disclosing third party, as applicable. Any misuse of the Content is strictly prohibited. Kristline may, in its sole discretion aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. CONDUCT; TERMINATION OF USAGE. You agree that you are solely responsible for your own actions, and the content of your transmissions on or to the Web Site, it being understood that your representatives and agents are deemed to act on your behalf in all actions and submissions on this Service. In connection with your use of the Web Site, you agree (i) to abide by all applicable local, state, national, and international laws and regulations applicable to your use of the We Site; (ii) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, including whether you represent a company or are its agent or representative, or otherwise attempt to mislead others as to your identity; and (iii) to comply with all regulations, policies and procedures of networks connected to the Web Site. Further, you shall not (i) post, promote or transmit through the Web Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature; (ii) transmit or post 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; (iii) interfere with another user's use of the Web Site or another entity's use and enjoyment of similar services; or (iv) engage in surveys or contests, or post or transmit "junk mail", "spam", "chain letters", or other duplicative or unsolicited mass distribution of messages (commercial or otherwise). You acknowledge and agree that Kristline neither endorses the content of any user's communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by a user of this Web Site.
In addition, you may not (i) upload or distribute in any way files that contain viruses, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or result in data loss; (ii) interfere or disrupt or attempt to interfere or disrupt networks connected to the Web Site; (iii) use or attempt to use any device, software or routine that interferes with the proper functioning of the Web Site or any transactions being offered on the Web Site; or (iv) take any action that imposes an unreasonable or disproportionately large load on Kristline's infrastructure.
Kristline may, in its sole discretion, terminate your access to the Web Site, or suspend your access to all or part of the Web Site, without notice, for any conduct that Kristline, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, Kristline, a service provider or a third party provider.
7. LINKS. The Web Site may include links to other web sites and resources. You acknowledge and agree that Kristline is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Kristline has not reviewed all of the web sites linked to this Web Site , and is not responsible for the content of any off-site pages. Access to such other Web Sites is at your own risk. You acknowledge and agree that Kristline shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, products or services available on such external sites or resources.
8. PARTICIPATION IN PROMOTIONS OF ADVERTISERS. You may enter into
correspondence with or participate in promotions of advertisers promoting their products or services on this Web Site ("Advertisers"). You acknowledge and agree that any such correspondence or participation, including the delivery of, and the payment for, such products and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the Advertiser. Kristline shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence, participation or transactions.
9. ERRORS AND OMISSIONS. While Kristline will use reasonable efforts to include accurate and up-to-date information on the Web Site, Kristline makes no representations or warranties as to the accuracy of any such information, and assumes no responsibility for any errors or omissions with respect to the Content on this Web Site. The materials published on this Web Site may include technical inaccuracies and/or typographical errors. Kristline may make improvements and/or changes to any such materials at any time.
10. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Kristline, its parents, subsidiaries, affiliates, directors, officers, shareholders, employees and agents from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Web Site, your violation of these terms and conditions or the infringement by you, or any other person using your user name or password, of any right of any person or entity.
11. NOTICES. All notices to you or Kristline shall be in writing and in the English language, and shall be made via e-mail to email@example.com for notices to Kristline, or to the e-mail address that you provide to Kristline as part of the registration process, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Kristline may also broadcast notices, messages or other matters of importance on the Web Site, and all such broadcasts shall constitute notice to you.
12. AMENDMENTS TO CONDITIONS OF USE; MODIFICATION AND TERMINATION OF SERVICE. Kristline may amend the terms and conditions of use of the Web Site at any time and from time to time by posting the amended terms on the Web Site. Any such amendment shall be effective immediately after it is posted on the Web Site, and any transaction occurring after such time shall be subject to the amended terms and conditions. Continued use of the Web Site after the posting of the amended terms and conditions constitutes your affirmative: (i) acknowledgment of such amendments and modifications; and (ii) agreement to abide and be bound by same. Kristline reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice, and is not obligated to support or update the Service. You acknowledge and agree that Kristline shall not be liable to you or any third party in the event that it exercises its right to modify or discontinue the Service.
13. GENERAL. In the event that any provision of these terms and conditions shall, in whole or in part, be determined by a court of competent jurisdiction to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision hereof. Kristline's failure to act with respect to a breach by you or any other authorized or unauthorized user of this Agreement or the Web Site does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. You hereby consent to personal jurisdiction by the state and federal courts located in Bergen County, New Jersey. The within terms and conditions of use, and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these terms and conditions shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.