Terms and Conditions

Last Updated Sep 14, 2022

Terms and Conditions

These Terms & Conditions (the “Terms”) govern your access to and use of the Kitchen Logistics, LLC (“Kitchen Logistics”, “Neuline”, “we”, “us” or “our”) websites located at: https://www.neuline.com, and all other websites linking to these Terms (collectively, the “Site”) (collectively, the “Site”).

Your access to and use of the Site reflects your agreement to be bound by these Terms. We reserve the right to change these Terms from time to time, and at any time, without prior notice. By using the Site following any changes to these Terms, you agree to be bound by any such changes to these Terms.

1- Use of Site Content. The Site may be used only for your personal, information purposes or to purchase product from Neuline. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission.

You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, or (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or social media or mobile platforms through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Use of any of our Site made available through a third-party platform is also subject to the platform’s applicable terms and conditions.

The Site may contain additional terms and conditions, all of which are incorporated by reference herein. Please review our other policies posted on the Site.

2- Accounts. You may choose to set up an account with us. When you create an account with us, you represent to us that the information you provide us is truthful, accurate, complete, current and otherwise in compliance with these Terms at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account on the Site. You are responsible for maintaining the confidentiality of your account information, including, but not limited to, your account password and the restricting access to your device and/or your account. You are responsible for any and all activities that occur under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us if you desire to cancel your account on the Site. You may not use anyone else’s password or account at any time on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Site if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.

3- Intellectual Property. We and our licensors and vendor partners own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Many designs and design elements of our product depicted on the Site may be subject of US or international patents, copyrights or other forms of design protection. Your use of the Site does not grant to you ownership in or rights to any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is the property of Kitchen Logistics, LLC or our licensors and vendor partners. The collective work includes works that are licensed to us. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Neuline or its licensors, partners or affiliates. For example, the marks NEULINE®, and others are Marks of Neuline. We do not grant any license or other authorization to use the Marks except through a separate written license agreement. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including, without limitation, by making the Site available on a network where it is capable of being accessed by more than one device at a time.

4- Privacy Policy. Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to the Site. The Privacy Policy is hereby incorporated and made part of these Terms.

5- Reliance on Information Posted. Neuline makes every effort to ensure that the information on Neuline.com is accurate, complete and current. Despite our efforts, there may be instances when information about a Product contains inaccurate or incomplete data, including data about the Product's price or availability. Neuline makes no warranty or guarantee that the information on Neuline.com is error-free, complete, or current. We reserve the right to correct errors and/or update the content on Neuline.com at any time without notice. Neuline also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. If product is marked "in stock" and not available, you will be notified within 48 hours.

This Website may include content provided by third parties, including materials provided by other users, partners, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Neuline, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Neuline. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

6- Product Warranties. Any item received not up to the manufacturer’s specification, can be replaced at no cost. The manufacturer’s warranty is one year from the date of purchase by contacting support@neuline.com. This warranty does not cover special, incidental, or consequential damages (such as labor expenses in uninstalling or installing any material or parts) whether arising out of breach of warranty, breach of contract, tort, or otherwise.

7- Disclaimer. The site, including, without limitation, the materials, information, content, functions, services, products, text, graphics, and links thereon, are each provided “as is” and on an “as available” basis and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Neuline disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from trade usage, course of dealing or course of performance. Neuline does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. Neuline does not make any warranties or representations regarding the use of content on the site or with respect to its completeness, accuracy, availability, adequacy, usefulness, timeliness, security, reliability or otherwise. If you are dissatisfied with the site, your sole remedy is to discontinue using the site. you agree that we will not be liable to you or any other party for any termination of your access to the site or deletion of your account.

8- Limitation of Liability. In no event shall Neuline, its affiliates, or any of their respective officers, directors, members, partners, shareholders, employees, agents, licensors or service providers (collectively, the “protected entities”), be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if the protected entities have been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the site or the information, services, products, and materials available from the site. these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through a site. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) in the aggregate, arising from these terms or your use of the site, exceed, in the aggregate, $10 (United States dollars).

Because some jurisdictions do not allow certain limitations on warranties, or the exclusion or limitation of liability for consequential or incidental damages, the above disclaimer and limitations may not apply to you.

9- Indemnity. You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of the Site (including negligent or wrongful conduct), by you or any other person accessing the Site using an account registered to you.

By purchasing product through Neuline you also acknowledge that we do not provide installation services and that you accept full responsibility for the installation of Neuline product. You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way associated with the product and installation thereof.

10- Jurisdictional Issues. The Site is operated out of the United States. The Site may not be available to users outside of the United States. Neuline makes no representation that materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.

11- Copyright. If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Site, please contact us by email at support@neuline.com.

12- Miscellaneous. No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship is intended or created by these Terms. These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of Dallas County, Texas. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred. These Terms, together with the Privacy Policy, any other separate terms referred to and incorporated herein by reference, and any other legal notices published by Neuline on the Site, shall constitute the entire agreement between you and Neuline concerning the subject matter hereof. Our failure to insist upon or enforce strict performance of any provision of these Terms 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. Neuline may assign its rights and duties under these Terms to any party at any time without notice to you. The communications between you and us use electronic means, whether through the Site or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

13- Contact Us. We welcome your questions and comments about our Terms. Please contact us by email at support@neuline.com.