Last Revised: 26 August 2021

These Terms of Use (the “Terms”) are entered into between you (“you,” or “User”) and Davis Kitchens., and its affiliates and related entities (“Company,” “the Company,” “we,” “us,” and “our”). These Terms govern your access to and use of Company services offered on the website located at https://www.daviskitchens-az.com/ (the “Website”) and any related application or software that is published, owned, and operated by the Company (the “Software”, and together with the Website, the “Platform”).

These Terms include an arbitration clause. Please read the Terms carefully before you start to use the Platform.

By accessing, browsing, submitting information to and/or using the Platform, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. Use of the Software and any information associated with the Software may also be subject to a separate agreement between the Company and its Clients (defined below). Accordingly, your access to the Platform may be as a visitor to the Website, or as a user of the Software.

If you do not agree to these Terms, please do not use the Platform.

What is the Purpose of the Platform?  The Website is provided solely for informational purposes and the purposes of enabling communication between you and the Company. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services (the “Website Content”).

The Company provides the Software and any related data, accounts, profiles, forms, and all content provided on the Software (together, with the Website Content, the “Content”) for the purpose of providing services to the Company’s contracted clients (“Clients”).

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Platform, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Platform shall be handled in accordance with the Platform’s Privacy Policy, which is hereby incorporated by reference.

How am I allowed to use the Platform?  The Company grants you a non-exclusive right to access and use the Platform and the Content. Your right to access and use the Platform shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Platform for commercial purposes. You agree to use the Platform only for lawful purposes, comply with all rules governing any transactions on and through the Platform and comply with applicable laws.

Is there anything I am NOT allowed to do on the Platform?  Yes, you agree that you will not:

• Use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of it;
• Attempt to gain unauthorized access to any Platform account, computer systems or networks associated with the Company or the Platform;
• Obtain or attempt to obtain any materials or information through the Platform by any means not intentionally made available or provided by the Company;
• Use any robot, spider, or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
• Impersonate or attempt to impersonate the Company, a Company employee, another Client employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

What about the Content (Intellectual Property) on the Platform?  The Platform and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Platform or Content in any manner, except as expressly permitted by the Company in these Terms. The Platform or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or the applicable owner, or as specified in any Client Contracts.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Platform. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, any use of the Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.

Will these Terms change? The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company.

Is there any miscellaneous things I need to know? These Terms are governed by the laws of the Commonwealth of Virginia, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Alexandria, Virginia U.S.A. in all disputes arising out of or relating to the use of the Platform.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Platform. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by the Company with respect to such use.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Platform, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Company Contact Information.  Questions can be directed to the Company at: info@daviskitchens-az.com