PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.

RESTRICTIONS ON USE

Material from www.energykitchen.com and any other World Wide Web site owned, operated, licensed, or controlled by Energy Kitchen, Inc. or any of its related, affiliated, or subsidiary companies (together, "Energy Kitchen") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Energy Kitchen.

The material in this site is provided for lawful purposes only.

COPYRIGHT

You may download material displayed on this website only for non-commercial and personal use and provided you respect and keep intact all copyright, trademark and other proprietary notices. You may not copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of this website including the text, images, audio and video for either public or commercial use or communication, without prior written permission from Energy Kitchen.

TRADEMARKS

The trademarks and logos displayed on this website are trademarks of Energy Kitchen. Nothing contained on the site may be construed as granting, by implication, any license or right to use any of the trademarks displayed on this site without the prior written permission of Energy Kitchen.

All other trademarks are the property of the respective trademark owners.

RESTRICTION OF LIABILITY

Energy Kitchen shall not be liable for any loss whether direct, indirect, incidental or consequential, arising out of access to, use of, or reliance upon any of the content on this website or sites to which this website is linked regardless of whether such content is accurate or complete and Energy Kitchen will not pay any damages whether for loss or injury, punitive or otherwise because of any such access to, use of, or reliance upon any of the content on this website or sites to which this website is linked.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Energy Kitchen through this site (together, the "Submission") will forever be the property of Energy Kitchen and may be used by Energy Kitchen without any limitation and/or payment. Energy Kitchen will not be required to treat any Submission as confidential. Without limitation, Energy Kitchen will have exclusive ownership of all present and future existing rights to any Submission of every kind and nature and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site.

JURISDICTION

Except as described otherwise, all materials in the Energy Kitchen site are made available only to provide information about Energy Kitchen. Energy Kitchen makes no representation that the materials contained in this site are appropriate or available for use in locations other than the United States of America. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Energy Kitchen may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ENERGY KITCHEN DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENERGY KITCHEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENERGY KITCHEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ENERGY KITCHEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

This website contains downloadable materials as well as links to external sites. Energy Kitchen is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that Energy Kitchen cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

TERMINATION

Energy Kitchen or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Energy Kitchen sites, and (b) all related documentation and all copies and installations (together, the "Materials"). Energy Kitchen may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Energy Kitchen can revise these Terms and Conditions at any time by updating this posting. This site may be linked to other sites which are not maintained by Energy Kitchen. Energy Kitchen is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Energy Kitchen of the sites.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Energy Kitchen, its licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of any Energy Kitchen site. You shall use your best efforts to cooperate with Energy Kitchen in the defense of any claim. Energy Kitchen reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.