Terms of service

OVERVIEW

Welcome to Kick In The Kitch! These Terms of Service govern your use of our website at Kickinthekitch.com and any related services provided by Kick In The Kitch.

When we say "we", "us", or "our", we're referring to Kick In The Kitch. When we say "you" or "your", we're referring to you, the customer or visitor using our Services.

By accessing or using our website, placing an order, or engaging with our Services in any way, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, please do not use our Services.

These Terms include important information about your legal rights, including warranty disclaimers and limitations of liability. Please read them carefully.



SECTION 1 - ACCOUNT AND ELIGIBILITY

You must be at least 18 years of age (or the age of majority in your state) to use our Services or make a purchase. By using our Services, you represent that you meet this age requirement and that any information you provide is accurate and complete.

If you create an account, you may be asked to provide information such as your name, email address, billing information, payment details, and shipping address. You agree that all information you provide is current, accurate, and complete, and you will update it as necessary to maintain its accuracy.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not share, transfer, sell, or assign your account to anyone else. Please notify us immediately if you suspect any unauthorized use of your account.

SECTION 2 - PRODUCT INFORMATION

We strive to display our products as accurately as possible. However, we cannot guarantee that colors, images, or product details will appear exactly the same on every device or screen. Variations may occur due to your device type, screen settings, or browser configuration.

Product descriptions, specifications, and availability are subject to change at any time without notice. We reserve the right to:

  • Discontinue any product at any time
  • Limit quantities available for purchase
  • Restrict sales to certain geographic regions or customers

We do not warrant that products will meet your specific expectations based solely on their online representation.

SECTION 3 - ORDERS AND ACCEPTANCE

When you place an order, you are making an offer to purchase. Your order is not confirmed until we accept it and send you an order confirmation email. We reserve the right to accept or decline any order for any reason, including product availability, errors in pricing or product information, or suspected fraud.

Payment must be received and processed before your order is accepted. Once an order is confirmed, cancellations may not be possible. If we need to cancel or modify your order, we will notify you via the email address or phone number you provided.

All purchases are subject to our Return and Refund Policy.

By placing an order, you represent that your purchase is for personal or household use only, and not for commercial resale or export.


SECTION 4 - PRICING AND PAYMENT

All prices are subject to change without notice. The price you pay will be the price displayed at the time you place your order, as confirmed in your order confirmation email. Unless otherwise stated, prices do not include applicable taxes, shipping, handling, or customs fees.

Prices on our website may differ from prices in physical retail locations or other third-party sellers. We may offer promotions or discounts from time to time, which will be governed by their own specific terms and conditions. If there is a conflict between promotional terms and these Terms of Service, the promotional terms will apply.

You agree to provide current, complete, and accurate billing and payment information for all purchases. You must promptly update your account information, including email address, payment method, and billing address, to ensure we can process your orders and contact you as needed.

By providing payment information, you represent and warrant that:

  • The payment information is accurate and complete
  • You are authorized to use the payment method provided
  • Your payment provider will honor all charges
  • You will pay all charges at the posted prices, including applicable taxes and shipping fees

SECTION 5 - SHIPPING AND DELIVERY

We ship to addresses within the continental United States only (excluding Alaska and Hawaii).

All delivery timeframes are estimates only and are not guaranteed. We are not responsible for shipping delays caused by carriers, weather, customs processing, or other events beyond our control.

Once your order is transferred to the shipping carrier, title and risk of loss pass to you. We recommend tracking your shipment and contacting the carrier directly with any delivery concerns.

SECTION 6 - INTELLECTUAL PROPERTY

All content on our website, including but not limited to text, images, graphics, logos, product descriptions, videos, designs, and the overall look and feel of the site, is owned by Kick In The Kitch or our licensors and is protected by U.S. and international copyright, trademark, and intellectual property laws.

These Terms grant you a limited, personal, non-commercial license to browse and use our Services for your own shopping purposes only. You may not:

  • Copy, reproduce, or distribute any content from our site
  • Modify, create derivative works, or publicly display our content
  • Download, store, or republish our materials without prior written permission
  • Use our trademarks, logos, or brand names without authorization

"Kick In The Kitch" and our logo are trademarks of Kick In The Kitch. Unauthorized use of our intellectual property may violate federal and state laws. All rights not expressly granted are reserved.

SECTION 7 - THIRD-PARTY TOOLS AND SERVICES

Our website may provide access to third-party tools, features, or services that we do not own, control, or monitor. These tools are provided "as is" and "as available" without any warranties or endorsements from us.

Your use of any third-party tools is entirely at your own risk. We are not responsible or liable for any issues arising from your use of third-party services. We recommend reviewing the terms and privacy policies of any third-party providers before using their tools.

We may introduce new features, tools, or services in the future, which will be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Our website may contain links to third-party websites or embedded third-party content. We do not control, endorse, or assume responsibility for any third-party websites, content, products, or services.

If you click on a third-party link or access third-party content, you do so at your own risk. We are not liable for any harm, damages, or issues arising from your use of third-party websites or your purchase of third-party products or services.

Before engaging with any third-party website, please review their terms and policies carefully. Any complaints, claims, or questions regarding third-party products or services should be directed to that third party.

SECTION 9 - PLATFORM PROVIDER

Our online store is powered by Shopify Inc. However, all sales and transactions are made directly between you and Kick In The Kitch.

Shopify is not a party to any transaction between you and us and is not responsible for any products, services, or issues related to your purchase. You agree to release Shopify and its affiliates from any claims, damages, or liabilities arising from your transactions with Kick In The Kitch.

SECTION 10 - PRIVACY

Your personal information is collected, used, and protected in accordance with our Privacy Policy. By using our Services, you acknowledge that you have read and understand our Privacy Policy.

Because our store is hosted on Shopify's platform, Shopify also collects certain information about your use of our website to provide and improve their services. Information you provide may be transmitted to Shopify and other service providers, which may be located in countries different from where you reside.

For more details on how we and our partners handle your personal information, please review our Privacy Policy.

SECTION 11 - USER FEEDBACK AND REVIEWS

If you submit reviews, comments, suggestions, ideas, feedback, or other content to us (collectively, "Feedback"), you grant Kick In The Kitch a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display such Feedback for any purpose, including to improve our products, services, and marketing.

By submitting Feedback, you represent and warrant that:

  • You own or have the necessary rights to the content you submit
  • Your Feedback does not violate any third-party rights
  • Your Feedback is truthful and does not contain false or misleading information
  • You have disclosed any compensation or incentives received in connection with your Feedback

We reserve the right to monitor, edit, or remove any Feedback that we determine to be unlawful, offensive, defamatory, or otherwise objectionable.

You may not:

  • Submit content that violates intellectual property rights
  • Use a false identity or email address
  • Include malicious code, viruses, or harmful software
  • Post unlawful, abusive, obscene, or libelous content

You are solely responsible for any Feedback you submit. We are under no obligation to maintain your Feedback in confidence, compensate you, or respond to your submissions.

SECTION 12 - ERRORS AND CORRECTIONS

Despite our best efforts, information on our website may occasionally contain errors, inaccuracies, or omissions related to product descriptions, pricing, availability, promotions, or shipping information.

We reserve the right to correct any errors, update information, or cancel orders at any time without prior notice, including after you have placed an order. We are not obligated to honor inaccurate pricing or information.

SECTION 13 - PROHIBITED ACTIVITIES

You agree to use our Services only for lawful purposes. You may not:

General Prohibitions:

  • Use the Services for any unlawful, fraudulent, or malicious purpose
  • Violate any applicable laws, regulations, or ordinances
  • Infringe on our intellectual property rights or those of others
  • Harass, abuse, threaten, or harm any person
  • Transmit false, misleading, or deceptive information
  • Send spam, junk mail, chain letters, or unsolicited promotional materials
  • Impersonate any person or entity
  • Interfere with others' use and enjoyment of our Services

Technical Prohibitions:

  • Upload viruses, malware, or malicious code
  • Attempt to gain unauthorized access to our systems
  • Scrape, crawl, or collect data from our website using automated tools
  • Reproduce, copy, sell, or resell any portion of our Services
  • Circumvent security features or access restrictions

We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated these Terms.

SECTION 14 - TERMINATION

We may terminate or suspend your access to our Services at any time, for any reason, without prior notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive any termination of these Terms: Intellectual Property, User Feedback and Reviews, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and Privacy.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information on our website is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED, OUR SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, KICK IN THE KITCH, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR REPLACEMENT COSTS, ARISING FROM:

  • Your use of our Services or products
  • Any errors or omissions in our content
  • Any interruption or cessation of our Services
  • Any unauthorized access to or use of our servers
  • Any bugs, viruses, or harmful code transmitted through our Services

This limitation applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kick In The Kitch and our affiliates, partners, officers, directors, employees, agents, and service providers from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your breach of these Terms of Service
  • Your violation of any law or third-party rights
  • Your use of our Services
  • Any content you submit or transmit through our Services

We will notify you of any indemnifiable claim and may control the defense and settlement at your expense. You agree to cooperate fully in the defense of any such claims.

SECTION 18 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Kick In The Kitch regarding your use of our Services and supersede all prior agreements and understandings.

SECTION 20 - ASSIGNMENT

You may not transfer or assign these Terms or any of your rights or obligations without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations at any time without notice to you.

SECTION 21 - GOVERNING LAW

These Terms of Service are governed by the laws of the State of Arizona and the federal laws of the United States, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of our Services shall be resolved in the state or federal courts located in Maricopa County, Arizona. You consent to the personal jurisdiction and venue of these courts.

SECTION 22 - HEADINGS

Section headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS

We reserve the right to update or modify these Terms of Service at any time. The most current version will always be available on this page.

We will notify you of any material changes in accordance with applicable law. Your continued use of our Services after changes are posted constitutes your acceptance of the updated Terms.

We recommend reviewing these Terms periodically to stay informed of any updates.

SECTION 24 - CONTACT INFORMATION

If you have questions about these Terms of Service, please contact us at:

Kick In The Kitch
Email: support@kickinthekitch.com
Address: 18933 N Roosevelt Ave, Maricopa, AZ 85139
Phone: 208-702-1578