PRIVACY POLICY & TERMS OF USE

Lynnwood Earl’s Kitchen Counter is committed to protecting your privacy and maintaining a safe, quality online experience. This privacy policy applies to websites and software applications sponsored by Lynnwood Earl’s Kitchen Counter (“We” or “Us”) including, without limitation, www.thekitchencounter.org. Please read the complete privacy policy below and contact us if you have any questions.

Information We Collect

We may collect information (such as your name, company or firm, mailing address, email address, device information, browser information, telephone number or payment information) when you:

Enter your information with us online;
Save your information with us online;
Subscribe to receive our emails;
Communicate with us via social media;
Participate in a contest, promotion, or survey;
Are referred to us through a marketing promotion; or
Visit our website (see Cookies and Web Beacons below).

We may use your personal information to:

Display information that may be pertinent to you;
Display products or services that may be of interest to you;
Customize the content of the website or software application for you or others;
Learn about your preferences and improve your website experience;
Inform you of and administer promotions, contests, or surveys;
Help us address problems with and improve our websites;
Analyze trends;
Protect the security and integrity of our website; or
Contact you for other business reasons, if necessary.

You always have the right to "opt out" of receiving communications from us (see Making Communication Choices below).

Information We Share

We do not share your information without your express consent. However, on rare occasions, we may disclose information upon law enforcement’s request, in response to a court order, or when required by law. We also may share information to assist in fraud investigations or as necessary to protect our rights and interests (such as for purposes of protecting against malware or phishing).

Making Communication Choices

If you do not wish to be contacted via email, direct mail or telephone, please let us know your preferences by contacting us (see Contact Us below). Please provide your name, company or firm name, mailing address, email address, and/or telephone number so that we may identify you correctly. You may also unsubscribe from our email using the link provided in each email. If you ask us to remove you from promotional lists, we will maintain your name on a "do not contact" list to ensure that we continue to honor your requests. Due to privacy concerns and our inability to verify individual requests and contact information, we are unable to honor "opt out" requests made by a third party on your behalf, unless the third party is a parent of a minor less than 14 years old. For removal from mailing lists, it may take up to ten business days to process your request and, due to the fact that mailings are planned long in advance, 60 days to process your postal mail request.

Accessing and Changing Your Information

To review or change the information you previously provided, notify us at info@thekitchencounter.org.

Cookies and Web Beacons

Your web browser offers so-called “cookies” which, if you allow their use, store small amounts of data on your computer when you visit a website. Cookies do not contain any personal information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best. You have the ability to accept or decline cookies by modifying your browser, and our website is viewable even if you disable the cookie function on your browser. However, if you disable cookies, some advanced and customized features or offerings will not be available to you.

Some pages on our website may contain electronic images known as web beacons, which are also called “single-pixel gifs.” These images allow us to count users who have visited those pages and to deliver co-branded services. We also may include web beacons in promotional email messages or newsletters in order to count how many messages have been opened and acted upon. Web beacons are not used to access your personal information, but they are a technique we use to compile aggregated statistics about usage on our website. Web beacons collect only a limited range of information, including the time and date of page view, cookie number and description of the page on which the web beacon resides. Our website does not honor “Do Not Track” requests.

Third-Party Ads

We may use a third-party provider to place Internet ads (sometimes known as “banner ads”) on our website or software applications. The provider may collect anonymous information about your visits to our website or your use of our software applications, and your interaction with our services. The provider may also use information about your visits to this and other websites to target advertisements for merchandise and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process, meaning that your name, mailing address, email address, and telephone number are not collected.

Security

We use a variety of technologies and processes to protect customer data. However, we do not guarantee the absolute security of your personal information. We will never request your credit card information by email. If you receive an email that appears to be a request from us for personal information, do not respond as this may be a "phishing" scam designed to steal your personal information. Email is not a secure means of communication.

Links to Other Websites

Our website and software applications may contain links to websites owned by third parties. Please review the privacy policy of any site you access through our website.

Children's Privacy

We do not permit the use of this website by minors under the age of 14. A child’s parent or guardian should contact us if we have inadvertently collected information about that child without the parent or guardian’s authorization, so that we may delete such information from our files.

Policy Changes

We update this Privacy Policy as we believe is necessary to protect our members and to comply with a changing environment. We recommend that you check the Privacy Policy when you visit our website to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personal information, we will prominently post a link to such changes at least ten days prior to implementing the change. Your continued use of the site will constitute acceptance of the revised Privacy Policy. If we make retroactive changes to the Privacy Policy, we will prominently post a link to such changes and we will email affected users at least ten days prior to implementing the change.

Your California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for our direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to us (see Contact Us below). In your request, please include your postal address and specify that you want a "Your California Privacy Rights Notice." Please allow at least 30 days for a response.

To "opt out" or make other choices about receiving communications, to update your personal information, or to submit comments or ask questions about our privacy policy, please contact us by email at info@thekitchencounter.org.

Last updated: September 20, 2020

By accessing or using any of the Lynnwood Earl’s Kitchen Counter (“THE KITCHEN COUNTER”) Internet properties including, without limitation, www.thekitchencounter.org, mobile websites, microsites, mobile applications, profiles on social media sites and any other digital services or properties operated or used by THE KITCHEN COUNTER from time to time (collectively referred to as the "Sites") you agree to comply with and be bound by these Terms of Use ("Terms of Use"). Please read these Terms of Use carefully, as well as THE KITCHEN COUNTER’s Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Sites.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non- transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Sites and THE KITCHEN COUNTER Content (as defined below, Section 8) for your noncommercial, personal use and for no other purpose. THE KITCHEN COUNTER reserves the right to bar, restrict or suspend any user's access to the Sites, and/or to terminate this license at any time for any reason. THE KITCHEN COUNTER reserves any rights not explicitly granted in these Terms of Use and does not grant any rights to you except those explicitly set forth herein.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use, or you receive THE KITCHEN COUNTER’s prior written consent, you may not publish, republish, modify, translate, create derivative works of, copy, distribute, market, display, compile, remove, or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any THE KITCHEN COUNTER Content (as defined below, Section 8), or any portion thereof. Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including THE KITCHEN COUNTER Content; (ii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Sites.

3. Your Acceptance; Revisions to Terms of Use. The Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and THE KITCHEN COUNTER regarding your use and access to the Sites. By using the Sites, you agree to these Terms of Use.

4. THE KITCHEN COUNTER reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Sites. Your use of the Sites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Sites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which you had actual notice on or before the date of any such revision.

5. THE KITCHEN COUNTER Policies; Additional Terms and Conditions. THE KITCHEN COUNTER’s Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the Sites (collectively "Additional Terms and Conditions"), are incorporated herein by reference. For instance, the Terms of Use for Sites which allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms of Use. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

6. Click-Through Agreements. Before using certain areas of the Sites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept," "I Agree," "Okay," "I Consent," or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is an irreconcilable conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern as to such conflict.

7. Privacy Policy. For information about THE KITCHEN COUNTER's data protection practices and THE KITCHEN COUNTER's use and protection of your personal information, please read THE KITCHEN COUNTER's Privacy Policy, which is incorporated into and made a part of these Terms of Use.

8. Proprietary Rights. The content of the Sites includes, without limitation, (i) THE KITCHEN COUNTER's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "THE KITCHEN COUNTER Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts and video presentations (whether live or recorded), and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "THE KITCHEN COUNTER Content"). THE KITCHEN COUNTER Content is the property of THE KITCHEN COUNTER, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law, including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any THE KITCHEN COUNTER Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from THE KITCHEN COUNTER or the owner of such content if THE KITCHEN COUNTER is not the owner. For reprints or republication requests, contact THE KITCHEN COUNTER. Any use of THE KITCHEN COUNTER Marks or THE KITCHEN COUNTER Content without THE KITCHEN COUNTER's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in THE KITCHEN COUNTER Content, including any such notices appearing on any THE KITCHEN COUNTER Content you are permitted to download, transmit, display, print, or reproduce from the Sites.

9. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with THE KITCHEN COUNTER's operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through an THE KITCHEN COUNTER registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, THE KITCHEN COUNTER reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites.

In addition, you also agree that you will not use our Services to:

(a) upload, download, post, email, transmit or otherwise make available any THE KITCHEN COUNTER Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) upload, download, post, email, transmit or otherwise make available any THE KITCHEN COUNTER Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(c) upload, download, post, email, transmit or otherwise make available any THE KITCHEN COUNTER Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

10. Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, THE KITCHEN COUNTER does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. THE KITCHEN COUNTER shall not be obligated to correct or update the Sites or the THE KITCHEN COUNTER Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.

11. No Legal Advice and Disclaimer as to Accuracy of Information. The information on the Sites and THE KITCHEN COUNTER Content are for informational purposes only and is not legal advice or a substitute for legal counsel. The information contained in the Sites and THE KITCHEN COUNTER Content may or may not reflect the most current legal developments; accordingly, information on the Sites are not promised or guaranteed to be correct or complete and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Sites or THE KITCHEN COUNTER’s Content should be used as a substitute for advice of competent counsel. The materials on the Sites and THE KITCHEN COUNTER Content do not constitute legal advice and do not necessarily reflect the opinions of THE KITCHEN COUNTER.

12. Third-Party Information. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of THE KITCHEN COUNTER or its affiliates. THE KITCHEN COUNTER makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.

13. Notice for Claims of Intellectual Property or Copyright Infringement; Agent for Notice of Infringement. THE KITCHEN COUNTER respects the intellectual property of others, and, particularly as to user-generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide THE KITCHEN COUNTER the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

14. Advertisers. The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. THE KITCHEN COUNTER shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, THE KITCHEN COUNTER shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.

15. Links to Third-Party Websites. The Sites may provide links (including any link through an online banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which THE KITCHEN COUNTER exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third- party sites linked to the Sites, you do so entirely at your own risk.

16. Links to Websites, Content, Sharing of Content. Links posted by third parties to the Sites and/or THE KITCHEN COUNTER Content may not use THE KITCHEN COUNTER trademark or logo and shall not suggest that THE KITCHEN COUNTER promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. THE KITCHEN COUNTER reserves the right to require any linking party to disable or remove any link that violates THE KITCHEN COUNTER's policies, rights or causes interruption or deterioration of THE KITCHEN COUNTER Content.

17. Sharing of Content. You may download, copy or embed THE KITCHEN COUNTER Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any THE KITCHEN COUNTER Content for other than personal use is expressly prohibited without prior written permission from THE KITCHEN COUNTER owner, or the copyright holder identified in the copyright notice contained in THE KITCHEN COUNTER Content. THE KITCHEN COUNTER reserves the right to require any party sharing THE KITCHEN COUNTER Content to disable or remove the content should its use violate THE KITCHEN COUNTER's policies, rights or causes interruption or deterioration of THE KITCHEN COUNTER Content.

18. Warranties Disclaimed. THE SITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT WHERE PROHIBITED BY LAW, NEITHER THE KITCHEN COUNTER, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "THE KITCHEN COUNTER PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITES OR THE KITCHEN COUNTER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (iv) THE KITCHEN COUNTER CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY.

19. Exclusion of and Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, THE KITCHEN COUNTER PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITES AND/OR ANY THE KITCHEN COUNTER CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITES AND/OR THE KITCHEN COUNTER CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (vii) FROM ANY DELAY OR FAILURE OF THE SITES ARISING OUT OF CAUSES BEYOND THE KITCHEN COUNTER'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE KITCHEN COUNTER CONTENT; (ix) OUT OF ANY THIRD-PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD-PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITES OR THE KITCHEN COUNTER CONTENT. IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITES AND/OR THE KITCHEN COUNTER CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

20. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE KITCHEN COUNTER'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

21. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless THE KITCHEN COUNTER Parties from and against all claims arising from or in any way related to your use of the Sites and/or THE KITCHEN COUNTER Content, a violation by you of these Terms of Use, the Privacy Policy, or any other actions connected with your use of the Sites and/or THE KITCHEN COUNTER Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. THE KITCHEN COUNTER will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to THE KITCHEN COUNTER Parties other than under this Section.

22. Term and Termination. These Terms of Use will take effect at the time you begin using the Sites. THE KITCHEN COUNTER reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use THE KITCHEN COUNTER Sites, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any THE KITCHEN COUNTER Content, in your possession.

23. Arbitration; Venue. Any controversy or claim (“Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Yuba City, California. All submissions to the arbitrator, the proceedings, and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the County of Sutter in the State of California and/or the United States District Court for the Eastern District of California shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. THE KITCHEN COUNTER reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Eastern District of California or any State of California court located in Yuba City, California.

24. Governing Law. These Terms of Use and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of California applicable to contracts made and executed and wholly performed in the State of California, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply, and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

25. Waiver and Severability. The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

26. Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and THE KITCHEN COUNTER relating to the Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Sites.

27. Contact Information. If you have any questions or concerns regarding these Terms of Use or the Sites, please visit our Contact Us page.

28. Statute of Limitations. Regardless of any statute or law to the contrary, except where prohibited by law, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

29. Use of Websites and Content outside of the United States. THE KITCHEN COUNTER makes no claims regarding access or use of the Sites or THE KITCHEN COUNTER Content outside of the United States. If you use or access the Sites or THE KITCHEN COUNTER Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

30. THE KITCHEN COUNTER provides opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Twitter, Instagram, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. THE KITCHEN COUNTER is not responsible for content or links posted by others.

31. User-Generated Content. We welcome your views, comments and other communications, pictures, trackback URLs, or videos on our Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content ("User Content"). By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant THE KITCHEN COUNTER a nonexclusive license to display, reproduce, transmit, modify such User Content and that THE KITCHEN COUNTER may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact THE KITCHEN COUNTER as identified in these Terms of Use. THE KITCHEN COUNTER does not approve, endorse, or adopt any User Content, and THE KITCHEN COUNTER assumes no liability for any User Content submitted by you or others. You agree to indemnify THE KITCHEN COUNTER against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on the social media profiles. Please note that other participants may use posted information beyond the control of THE KITCHEN COUNTER. All user content is read at your own risk, and THE KITCHEN COUNTER recommends that you not rely on the information or advice in any of these postings. THE KITCHEN COUNTER retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. THE KITCHEN COUNTER also retains the right to ban or block a user from posting on THE KITCHEN COUNTER social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.

You acknowledge, consent and agree that THE KITCHEN COUNTER may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of THE KITCHEN COUNTER to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.

32. Other Terms of Use/Services. On sites not operated by THE KITCHEN COUNTER, you are also subject to the Terms of Service (“TOS”) of that host site. Information (comments, photos, videos, etc.) you share with or post to THE KITCHEN COUNTER social media profiles is also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes under the host site’s TOS. For more information, consult the host website's TOS. This Terms of Use is subject to amendment or modification at any time.

Effective September 20, 2020. Updated September 20, 2020.

PRIVACY POLICY & TERMS OF USE

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