1. Eligible Users
COPPA Compliance. The Site features children age thirteen (13) and under for purposes of testing and reviewing cycling industry products for young children, but the Site is not directed to such children. The Site is solely intended for those over the age of 13 (for example, adult, parents, friends, and relatives). Pursuant to the Children Online Privacy Protection Act (“COPPA”), Kitchen Peak does not specifically market to children under the age of 13, and we do not knowingly or purposefully collect or maintain information from those known to be 13 or under in order to protect children’s privacy and safety online.
Minor Eligibility. If you are a minor or under age 18 in the jurisdiction where you reside, you may only use the Site if you meet the following conditions: (1) you must be an emancipated minor; (2) you must obtain consent from a parent or legal guardian after he or she has reviewed these Terms, prior to you using the Site’s services or resources; and/or (3) you are fully able and competent to enter into these Terms and the underlying conditions, obligations, affirmations, representations, and warranties set forth herein.
Services provided by Kitchen Peak’ may include, but are not limited to, posting of reviews, responding to inquiries and comments, providing content for educational and entertainment purposes; and preparation and distribution of our newsletter. We reserve the right to conduct business for any lawful purpose.
3. No Representations or Warranties
As-Is. Content available on the Site and services offered by Kitchen Peak are provided on an “as-is” and “as available” basis. You should verify any product claim, statistic, technical specifications, or other representation about a product or service with the product manufacturer or service provider. None of the content or opinions provided through our Site or services should be construed as medical, legal, technical, or professional services or advice.
No Commercial Warranties. To the maximum extent permitted by applicable law, Kitchen Peak provides content, services, and the Site without any express or implied warranties whatsoever, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, we make no warranties that the content is accurate, reliable, correct, uninterrupted, secure, free from defects or errors, free from viruses or similar dangers, or available at all times, or that the content and services will meet your needs.
No Third Party Warranties. Kitchen Peak does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party through the Site or a link on the Site, and we do not monitor any transaction between you and third-party providers of products or services.
4. Limited Liability
Use Site at Your Own Risk. The Site features cycling products reviewed by Kitchen Peak. Such reviews are opinions of Kitchen Peak, and we are not experts or medical, legal, or technical professionals. Accordingly, you may use the information, content, and services provided through our Site exclusively at your own risk. Kitchen Peak assumes no liability or responsibility for (i) any errors, mistakes, or inaccurate content, or failures to make corrections to such information; (ii) content belonging to users or third parties; and/or (iii) any defamatory, offensive, or illegal conduct of any third party.
No Liability for Injury. Kitchen Peak expressly disclaims any liability whatsoever, whether direct or implied, for personal injury, damages, or loss resulting from use of a product featured on our Site. Users bear full responsibility for employing your best judgment in using the information and services provided on the Site, including, but not limited to, the following: (i) researching, investigating, and purchasing equipment that may be recommended or featured on this Site and (ii) responsibly supervising your minor children who may be engaging in activities reflected on this Site.
No Liability for Site Access. To the maximum extent permitted by applicable law, Kitchen Peak and our affiliates, directors, and/or licensors shall not be liable for any direct, indirect, punitive incidental, special, consequential, exemplary, or intangible damages that may result from any loss or injury resulting from the use of our Site or services or the inability to use our Site or services. Kitchen Peak bears no liability for cyber security issues and injuries, including, but not limited to, hacking, tampering, or other unauthorized access or use of your account or the information within. Users are solely responsible for updating their software and passwords as well as maintaining anti-virus software on their devices.
No Liability for Other Users. Users are solely responsible for your interactions with other users and visitors. While Kitchen Peak reserves the right to monitor and respond to disputes between users, we have no affirmative obligation to do so. We are not liable for your interactions with other users or other users’ conduct.
Maximum Permitted Liability. Kitchen Peak’ liability – and the liability of its affiliates, directors, or licensors – for any claims, obligations, damages, injury, losses, torts, or costs shall be limited to the amount that you paid to us through our Site or services. This provision explicitly excludes payments made to third party sites or service providers, and affiliates.
Kitchen Peak does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made on our Site or content provided through related services. All such content is intended solely for users’ education and entertainment, and is not intended as a substitute for professional advice and services from a qualified medical, technical, or legal professional.
6. Additional User Obligations
By using Kitchen Peak’ Site and services, you understand and agree to the following additional user obligations:
(i) You agree not to alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.
(iii) You agree not to use “robots”, “spiders”, or similar automated systems on our site that accesses our Site in a manner that sends more request messages to our servers and hosting company than a human can reasonably produce in the same period of time by using a conventional web browser.
(iv) You agree not to aggregate, collate, or harvest any of the content made available on our Site.
(v) You agree to be solely responsible for your own user content and, accordingly, you affirm, represent, and warrant that your content will not infringe on the rights of third parties, including, but not limited to, any intellectual property rights and the rights of privacy and publicity.
(vi) You agree not to interfere with or compromise – or to attempt to interfere with or compromise – our Site’s security, connections to our servers, or proper functionality.
(vii) You agree not to take actions that do – or have the potential to – unreasonably burden our online servers or Site infrastructure, which shall be determined at our sole discretion.
(viii) You agree not to upload and/or transmit malware, viruses, worms, or other software agents through our Site or service.
(ix) You agree not to submit false or invalid data, including, but not limited to, misrepresenting your identity or associations by impersonating another person, or otherwise hiding or attempting to hide your identity.
(x) You are prohibited from using our Site and services from unlawful or illegal activities, and you agree to only use our Site and services for lawful purposes.
(xi) You shall not impersonate another person or otherwise misrepresent your affiliation with a person or entity by affirmative disclosures or passive omissions, conduct fraud, or hide or attempt to hide your identity.
(xii) You agree that you are solely responsible for your user generated content, submissions, and transmission to our Site and service. You agree to be respectful of Kitchen Peak and our subsidiaries, directors, employees, contractors, and affiliates, and other users on our Site. Accordingly, you agree not to take actions that harm the Kitchen Peak’ community, including, but not limited to, actions that we determined in our sole discretion to be attacking, defaming, slanderous, libelous, stalking, or harassing, or that violate rights of privacy or publicity.
(xiii) =You agree not to post content that may create a risk of harm, loss, or damage; physical, mental, or emotional injury to you, any other person, or any animal; constitute a crime, tort, or other illegal act; constitute hate speech; violate duties of confidentiality that you may owe to any third party; contain information that is false or incorrect, or constitutes “spam” or similar business advertising.
7. Intellectual Property Rights
Enforcement. Kitchen Peak carefully maintains and strongly enforces our intellectual property rights, and we aggressively pursue violations and infringement of our rights to the maximum extent permitted by law.
Scope. Except for user generated content or as otherwise set forth in these Terms, all content made available on our Site and services, including, but not limited to, images, text, graphics, illustrations, logos, patents, trademarks and service marks, copyrights, audio, video, and music are the exclusive property of Kitchen Peak and/or our licensors.
Permission. Kitchen Peak’ Site and services feature content that is either our exclusive property or is used with permission. You are prohibited from using such images or content unless specifically permitted by these Terms or by explicit written permission from an authorized Kitchen Peak’ representative obtained prior to your anticipated use. Please note that any unauthorized uses of our name, photos, blog posts, or content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks. Kitchen Peak’ trademarks, service marks, name, and logos (“the Trademarks”) are our exclusive, protected property. Nothing contained on our Site or services should be construed as granting any license or right to use any Trademarks belonging to Kitchen Peak’ or from a third party affiliate whose trademark may be featured on our Site. You must seek direct and specific prior written permission from Kitchen Peak to use our Trademarks. You will violate these Terms by misusing our Trademarks or exceeding the scope of use permitted by specific permission or as set forth in the these Terms.
Authorized Use. Kitchen Peak’ Site and content is protected by copyright. We grant users and visitors to our Site and services a limited revocable license to consume and view our content for individual, personal, non-commercial use only. This means that users may view our content on their personal devices, but you may not copy-and-paste, re-publish, or create derivative works using our content, even if you are not charging or running ads on your secondary use. You are also strictly prohibited from selling, licensing, modifying, distributing, reproducing, transmitting, publicly displaying and performing, publishing, adapting, or editing any Kitchen Peak’ content made available through our Site or services, for any purpose not expressly permitted by these Terms. Exceeding the scope of this limited license shall be deemed a violation of our federal copyrights and trademarks, and other rights set forth by state law, and we will aggressively pursue such violations.
Voluntary Submissions. Users may voluntarily submit content, ideas, advice, or feedback to Kitchen Peak, including information about our Site or services. By submitting such information, you agree:
(i) Your disclosure is gratuitous, unsolicited, and without restriction;
(ii) Your disclosure does not create any fiduciary duties or other obligations for Kitchen Peak;
(iii) Your disclosure is not confidential and that Kitchen Peak may disclose the information to anyone without limitation and to use such information without any compensation to you; and
(iv) Kitchen Peak reserves the right to use similar or related ideas previously known to Kitchen Peak or developed by our directors, employees, or obtained from sources other than you.
9. Authorized Content
Kitchen Peak only permits users to post appropriate, non-offensive, and legal content to the Site. Vulgar, obscene, and/or inflammatory language or conduct violate these Terms.
We reserve the right to terminate user accounts or delete unauthorized content that you have posted on the Site for any reason, at any time, with or without notice, without limitation, if we have reason to believe that you are in violation of these Terms.
10. Required Disclosures
We want to be transparent about how Kitchen Peak makes money from the Site. While we love researching and reviewing products, it takes money to “keep the lights on” by hosting the Site and arranging for quality content. To be clear – no monetary compensation was provided for any of our reviews unless otherwise disclosed in the post. In some cases, product demos were provided gratis to help facilitate reviews. However, these product demos do not influence our reviews – we only review products of our choosing and we strive to give objective, honest feedback.
Most, but not all links provided are affiliate links, which means that we sometimes get paid a small commission if you purchase a product or service through a link in our content. Kitchen Peak participates in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
11. License for User-Generated Content
Kitchen Peak does not conduct intellectual property clearances for all user-generated content submitted to or posted on our Site. While users may be permitted to post such content voluntarily, we do not offer payment for user or visitor-submitted content submissions, contributions, and/or communications (“user-generated content”). Examples of user generated content include, but are not limited to, photos, videos, text, messages, audio files, data, and/or intellectual property.
User-generated content transmitted by users to our Site via any method of transmission, including, but not limited to, electronic mail, comments or messaging on our Site or social media accounts, phone calls or messages, or hard copy mail, will be treated as non-confidential and non-proprietary.
By posting user-generated content on our Site, you agree to the following terms:
(i) You hereby grant Kitchen Peak a royalty-free, attribution-free, assignable, perpetual, irrevocable, non-exclusive, universal, world-wide license to use such user-generated content data, data, or concepts for any purpose, without limitation, including, but not limited to, copying, posting, reproducing, distributing, disclosing, transmitting, publishing, broadcasting, manufacturing, marketing, publicly displaying and performing, editing, translating, reformatting, and authorizing derivative works.
(ii) You hereby grant Kitchen Peak and its affiliates and representatives permission to grant necessary sublicenses as Kitchen Peak’ deems appropriate in its sole discretion in connection with the operation of internet businesses.
(iii) You hereby grant Kitchen Peak the right to use your name, voice, and/or likeness as contained in your user-generated content as is consistent with this license.
(iv) You expressly warrant and represent that you own the intellectual property rights to your user-generated content and that you have all of the rights necessary to enter into this license agreement.
12. DMCA Notice
Kitchen Peak takes great efforts to ensure compliance with U.S. intellectual property laws regarding copyrights and trademarks. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is available on the Site, please notify our copyright agent, as required by the Digital Millennium Copyright Act of 1998 (“DMCA”). To submit an effective complaint under the DMCA, you must provide the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(iv) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to our designated DMCA Agent by e-mail or U.S. certified mail:
Email: [email protected] (email for mailing address)
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL ON OUR SITE IS INFRINGING, THEN YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
The DMCA procedure and relevant information set forth above is solely intended to comply with our rights and obligations under the DMCA. The information does not constitute legal advice. You are hereby advised to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. We reserve the right to terminate user accounts or revoke access to users who are repeat infringers, pursuant to DMCA Section 512(i)(1)(a), to be determined at our sole discretion. We also reserve the right to limit or terminate accounts or access to our Site or services without any repeat infringement as otherwise set forth in these Terms.
13. External Websites and Third Parties
Kitchen Peak regularly links to third party websites, advertisers, or services on our Site and related services as part of our regular course of business. We have no control over these third party sites, and we expressly disclaim any liability and responsibility for the external links provided by Kitchen Peak or the content, policies, terms, conduct, or practices of any third party websites or services. By using third party sites, you understand and agree that if you use such third party sites, you use them at your own risk and you expressly release Kitchen Peak from any and all liability arising from your use of any third party website or content.
You shall indemnify and hold harmless – without limitation – Kitchen Peak and our subsidiaries, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, judgements, attorney fees, and expenses arising from (a) your use of and access to our Site or services, including any user generated content that you transmit to our Site; (b) your violation of these Terms or any third party right; (c) your violation of any applicable law, rule, or regulation of the United States, your country of origin, or the country in which you are accessing our Site and services; and (d) the conduct of third parties who interact with our Site or services through your devices or accounts, regardless of whether or not you authorized such third parties.
15. Refusal of Service
Kitchen Peak reserves the right to permanently or temporarily terminate, suspend, deny access, or refuse service to users without notice and liability if we determine, in our sole discretion, that you have violated these Terms.
You agree that the opportunity to access our Site and services is adequate consideration for the rights and obligations set forth in these Terms, and such consideration is not voided by inability to access the site due to Kitchen Peak’ revocation of your privileges, technical error, negligence by us or a third party, or acts of God.
18. Opting Out
19. Changes and Amendments
In the event any portion of these Terms is deemed unenforceable, all other provisions of the Terms shall remain in full force and effect, and a waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision hereunder.
Users may not transfer or assign your rights, duties, obligations, representations, warranties, permissions, and licenses (“Rights”) set forth in these Terms. Kitchen Peak may transfer and assign the Rights without restriction.
23. Jurisdiction and Venue
By using Kitchen Peak’ Site and services, you agree to the following:
(i) The laws of the State of Utah shall govern this Agreement.
(ii) All services provided on or through this Site are effectively rendered in the State of Utah, which is the headquarters of Kitchen Peak, and such services are passive – meaning that they do not give rise to personal jurisdiction over us in other jurisdictions outside of the State of Utah.
(iii) Any claim or dispute between you and Kitchen Peak that arises in whole or in part from our Site or related services shall be decided exclusively by a court of competent jurisdiction in Salt Lake County, State of Utah.
24. Contact Us
For any questions regarding these Terms, please contact us at shahe@ kitchenpeak.com.