TERMS AND CONDITIONS
Welcome to this website, owned and operated by The Kitchen Hotline (throughout these Terms of Use “The Kitchen Hotline” refers collectively to The Kitchen Hotline, its employees, contractors, subsidiaries, affiliates and related companies.) This is an Agreement, so please carefully read the following terms before accessing this site. The Kitchen Hotline’s site is subject to the following terms and conditions and other applicable law (collectively referred to as “the Agreement”). By using The Kitchen Hotline’s service, you (also referred to as “member” below) agree that you have read, understood and agree to these terms. You also agree to review the Agreement periodically to be aware of modifications, updates and revisions to the Agreement, and The Kitchen Hotline may make these modifications at any time. You agree to be bound by such modifications, updates, and revisions through your use of The Kitchen Hotline’s site. Such changes will automatically be effective upon posting on The Kitchen Hotline’s site. Information about The Kitchen Hotline’s privacy practices is set forth in our Privacy Policy, which is incorporated by reference.
1. PRIVACY POLICY.
At The Kitchen Hotline, we are committed to protecting your privacy. We do not sell, share or distribute e-mail addresses or personal information which you have provided to us. Your information will be used only for business transactions between The Kitchen Hotline and you as its client. We may release information in good faith as is reasonably necessary to comply with the law or protect The Kitchen Hotline’s rights or the rights of others. We may use your submitted information to create and verify your account profile; process your client agreement; provide you with information and customer service in response to your specific request or respond to any of your other inquiries; provide you with information on The Kitchen Hotline’s services and enforce The Kitchen Hotline’s Terms of Use.
2. TERMS OF MEMBERSHIP.
Your membership grants you a limited license to make personal use only of the site. Such grant does not include any resale or commercial use of the site or the content therein. You agree not to use or attempt to use another’s account, or to allow your account to be used by another. You agree not to attempt to obtain unauthorized access to the site or any portion of the site that is restricted from general access. You represent and warrant that you are the person on whose behalf you claim to accept these Terms of Use, or if you are entering into these Terms of Use on behalf of a person or entity, that you have the power and authority to enter into these Terms of Use and bind the person or entity. You also represent and warrant that you are an adult (18 years or older) who is legally able to enter into these Terms of Use.
Month Wine & Dine Package - $99/year:
- 1 CONSULTATION WITH NUTRITIONIST FOR UP TO 1 HOUR TOTAL. The ideas, methods, and suggestions contained in this site and discussed during client’s consultation with The Kitchen Hotline staff are not intended to replace the advice of your doctor or other trained health professional. You should consult your physician before adopting any advice obtained from The Kitchen Hotline’s nutritionist. Any additions to or changes in diet, are at user’s discretion. This service is for informational purposes only and does not provide medical advice. Individual circumstances vary, so clients should consult their physician.’
- UNLIMITED CALLS TO SPEAK WITH CHEF
- UNLIMITED CALLS TO SPEAK WITH SOMMELIER
- UNLIMITED ACCESS TO WEBSITE
- UNLIMITED ACCESS TO WEEKLY MENU
- MEMBERSHIP NON-TRANSFERABLE
Month Cellar Package - $60/year:
- UNLIMITED CALLS TO SPEAK WITH SOMMELIER
- UNLIMITED ACCESS TO WEBSITE
- MEMBERSHIP NON-TRANSFERABLE
Month Cuisine Package - $50:
- UNLIMITED CALLS TO SPEAK WITH CHEFS
- UNLIMITED ACCESS TO WEBSITE
- UNLIMITED ACCESS TO WEEKLY MENU
- MEMBERSHIP NON-TRANSFERABLE
Renewal and Refund Policies: All membership fees are non-refundable. Memberships automatically renew unless specifically canceled by member.
3. PROHIBITED CONDUCT.
Harassment or use of obscene or abusive language, in any manner or form on the site, Community Forum, or in consultation, whether via telephone, online chat or email, with The Kitchen Hotline staff is strictly forbidden. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Impersonation of others, including The Kitchen Hotline staff, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law, either of the United States or the country in which you reside. Further, you may not submit content containing software viruses, mass mailings, chain letters, or any form of “spam”. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. The Kitchen Hotline does not and cannot review all communications and materials posted to or created by users accessing this site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Kitchen Hotline is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Kitchen Hotline reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Kitchen Hotline in its sole discretion.
4. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY.
You agree and understand that this site and the information, tools, services and materials on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Kitchen Hotline disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. No oral or written information provided by The Kitchen Hotline staff shall create a warranty, nor shall you rely on any such information or advice. The Kitchen Hotline does not represent or warrant that the functions contained in this site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. You assume full responsibility for the food created and wine chosen as a result of your use of this site or consultation with any of the consultants working with The Kitchen Hotline, and you will not hold The Kitchen Hotline responsible for any illness, injury or damages suffered as a result of this use or consultation. You acknowledge that your use of the site and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. You assume responsibility for the entire cost of necessary maintenance, repair or correction to your computer system or other property. In no event shall The Kitchen Hotline be liable for direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the site. The Kitchen Hotline does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. The Kitchen Hotline shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the services, even if The Kitchen Hotline has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
5. SECURITY.
We use industry standard secure server software (SSL) and encrypt the information you input before it is sent to us. In addition, we use reasonable measures to protect the customer data against unauthorized access.
6. COPYRIGHTS and TRADEMARKS.
The entire content included in this site, including, but not limited to text, graphics or code is protected by copyright as a collective work under the United States and other copyright laws, and is the property of The Kitchen Hotline. The collective work includes works that are licensed to The Kitchen Hotline. Copyright 2010, The Kitchen Hotline ALL RIGHTS RESERVED. Permission is granted for The Kitchen Hotline clients to display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for client’s own non-commercial use. Any other use, including, but not limited to, the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Kitchen Hotline or other authorized copyright owner. You further agree not to change or delete any proprietary notices from materials downloaded from the site or post any materials on any computer network or broadcast or publications media. All trademarks, service marks and trade names of The Kitchen Hotline used in the site are trademarks or registered trademarks of The Kitchen Hotline.
7. INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless The Kitchen Hotline, its officers, directors, employees, agents, licensors and suppliers (collectively "Service Providers”) from and against all claims, action, demand, losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your membership (including negligent and wrongful conduct) by you or any other person accessing the site using your Internet account.
8. TERMINATION OF AGREEMENT.
Notwithstanding any of the terms and conditions of this agreement, The Kitchen Hotline reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent further access to and use of this site. When you register for services from The Kitchen Hotline, you may be required to provide certain personal information. You agree not to provide information which is untrue or inaccurate, not current or complete. If The Kitchen Hotline suspects that any information you have provided is untrue, inaccurate, or incomplete, The Kitchen Hotline may, in its sole discretion, suspend, terminate or refuse future access to your membership in the above mentioned services. The Kitchen Hotline may terminate your membership for any violation of the terms of this Agreement, including permitting another person or entity to use your membership access.
9. MISCELLANEOUS.
This site is controlled and operated by The Kitchen Hotline in the State of Colorado, as it is applied to agreements entered into and performed within the State. This Agreement shall be governed in all respects by the laws of the State of Colorado, without regard to choice of law provisions. You agree to that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state courts located in Garfield County, Colorado. These Terms of Use constitute the entire Agreement between The Kitchen Hotline and the member. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. The Kitchen Hotline’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Kitchen Hotline may assign its rights and duties under this Agreement to any party at any time without notice to you.
10. SUBMISSIONS.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to The Kitchen Hotline or postings to this site, are non-confidential and shall become the sole property of The Kitchen Hotline. The Kitchen Hotline shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. The Kitchen Hotline also has the right, but not the obligation, to use your name, city and state in connection with broadcast, print, online or other use or publication of your submission. By submitting information you also represent and warrant that the content is accurate, you own or have permission to use the content that you submit; and that the use of the content will not cause injury to any person or entity. The submission of any materials to The Kitchen Hotline, including the posting of materials to any forum or interactive area, irrevocably waives any and all rights in such materials.
11. CONTACT INFORMATION AND HOURS OF OPERATION.
Please contact us at: 1-877-773-8485; Email: customerservice@thekitchenhotline.com
Hours of Operation: Monday - Friday 10:00 AM – 6:00 PM Mountain Time
- Chefs: Monday – Friday 10:00 AM – 6:00 PM Mountain Time
- Sommeliers: Monday - Thursday 12:00 am – 3:00 pm
- Nutritionists: By Appointment
