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Terms and Conditions of Use 

Terms and Conditions of Use  

Updated August 29th, 2022  

Welcome to TheKitchenCounter.com, as operated by At The Kitchen Counter, LLC. These are  our rules if you want to use our website and the services or products available from our  website. If you do not agree to these rules, you cannot use our site. We can change these  rules whenever we want and will post the new rules on our site, whether you notice them  or not. We have intentionally written them in a way that avoids legalese so that everyone  can clearly understand and agree to the rules and understand their rights and  responsibilities.   

We hope there won’t be any problems and that you will reach out to us if you are having  issues with our site, service, or products.   

1.0 Site Services  

We agree to provide you with services, or the “Service” through theKitchenCounter.com. In  exchange for providing this service, we require you to follow these rules:  

1. You must be at least 13 years old to use the Site, or if you are a resident of the EU,  you must be at least 16 years old. Don’t lie about your age. If you are under 18, you  agree that a parent or legal guardian agrees to these rules on your behalf.   

2. Don’t use the Site to do anything illegal or break the rules in our terms of use.   

3. Don’t change anything about our website or applications, upload any type of virus or  malware, or do anything that might interfere with the way the Site or its services  works.  

4.  Don’t do anything that might affect how other people use and enjoy the Site. Be a  good neighbor. 

5.  Don’t encourage anyone to break these rules.  

6. Use your common sense, and be a good human.   

7. Don’t post anything violent, or anything that promotes violence or violent groups, or  that might make other people feel scared.   

8. Don’t post content that contains nudity, sexual violence, or commercial sexual  services.   

9. Don’t post content that promotes crime or anything that would break US law.  

10. Do not post content related to certain regulated goods, like selling or trading non medical drugs, pharmaceutical drugs, or marijuana.  

11. Don’t bully anyone or post anything horrible about people. By bullying, we mean  making a degrading statement about someone or posting inappropriate images that  threaten someone. If you wouldn’t say it to someone’s face, you shouldn’t say it on  the Site. And if you can’t say anything nice or at least constructive, maybe you  shouldn’t say anything at all.    

12. Don’t post personal or private information about someone else. This includes  someone’s contact information like their phone number, address, email, location, or  other private details.   

13. Don’t post stuff that doesn’t belong to you or infringes upon someone else’s  intellectual property.   

2.0 Your Rights   

2.1 You have the right to feel safe using Site.  

2.2 You have the right to your privacy on Site. Please refer to our Privacy Policy for details.   

2.3 Any communications made through our contact page, blog, blog comments, newsletter  sign-up or other pages, or directly to us through phone, mail or email is not confidential and  is subject to viewing and distribution by third parties. We own any and all communications  displayed on our website, servers, comments, emails or other media as allowed by United  States law, and we will not give credit or pay royalties for unsolicited user-generated  content such as blog comments or emails. For more information on when and how we store  and use your communications or any data provided by you in those communications, please  refer to our Privacy Policy.  

We reserve the right to republish or distribute anything you upload to our site as  reasonable in the course of our business. You agree not to submit any content that could be  illegal or serve an unlawful purpose, including, but not limited to, content that is potentially  libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or  inappropriate.  

3.0 Our Rights  

3.1 We are not responsible for the following:  

1. Links to other companies or websites, even when the link shows up in Site  

2. What happens when you connect your Site account to another website or service,  including sharing a picture or video. You should read the rules for that service to  know your rights.   

3. The data cost on your mobile device for using Site or its services.   

4. Any content that is stolen or copied from the Site by someone else.  

4.0 Intellectual Property Rights All images, text, designs, graphics, trademarks and  service marks are owned by and property of At The Kitchen Counter, LLC, or the properly  attributed party. It is a violation of federal law to use any of our intellectual property in  whole or in part, and modification of any materials contained on this Site is illegal and may 

be prosecuted to the fullest extent permissible, including asking for financial penalties  (damages) and/or an injunction forcing you to stop using our intellectual property  immediately. Do not try to use our stuff, remove it, change it, or claim to be us without  written permission.   

 Limited Use with Attribution: You may use our intellectual property with clear and  obvious credit back to our site, as well as correct links back to the page where the materials,  designs, images, text, quote or post is specifically located. You may never claim any of our  intellectual property as your own or your original creation, however, even with attribution.  Please utilize the grandma test: If a grandma saw the content on your site, she should  understand that the content is NOT yours. If you cannot make the distinction that clear,  then please do not use our content in any way.   

5.0 This Agreement   

5.1 If you use other third-party services on the Site, including payment services, you will  need to follow those rules or terms. If any of those rules conflict with these rules, those  rules will win.   

5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid.   

5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these  rules for any reason, we still have the right to enforce them in the future, and our behavior  will not be a waiver of our overall rights in this Agreement.   

5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement.   5.5 No one else besides you and us (no third parties) have rights under this agreement.   

5.6 You cannot give these rights or obligations to someone else without our consent. We can  give our rights and obligations to someone else, however, like if we change ownership by  selling part or all of our business, or if we need to for legal reasons.   

6.0. Advertising, AfLiliates and Testimonials  

This site may use advertising or  affiliate links to sell certain products or services. We  disclaim any and all liability as a result of your purchase through one of these links. We will  use reasonable efforts to notify you when and where we have placed ads or affiliate links in  addition to this disclaimer located in these Terms & Conditions. You accept express liability  for any and all consequences or benefits of clicking the affiliate links contained on this  website or related communications. Any testimonials reflect the accurate experience of the  person quoted, however, your results with any particular product or service may vary.      

7.0 Refunds & Payment Collection  

We like to have fun, but we take our business seriously. We’d appreciate your careful  consideration of the service and products available on the site, and we advise you to make  your purchases carefully.   

Due to the nature of the services and/or products provided, refunds will not be given unless  otherwise specified in writing. At The Kitchen Counter reserves the right to charge 1.5%  interest per day upon any outstanding sum left unpaid on or after 14 calendar days from  due date.  


$100                          due                May 1  

$101.50                     due                May 15  

$103.03                     due                May 16  

Sent to Collections                        June 15  

After 30 days of outstanding payment, At The Kitchen Counter, LLC, reserves the right to  send you to collections, upon which you will owe the total amount of any outstanding  payments plus any collection costs, including reasonable attorney’s fees.     

8.0  Limits on Liability  

8.1 Site operates as is, and we can’t guarantee it will be safe and secure or will work  perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to  find reliable vendors to help us operate the Site and its services. TO THE EXTENT  PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR  IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct 

what people and others do or say, and we are not responsible for their actions or conduct  (whether online or offline) or any content they share (including offensive, inappropriate,  obscene, unlawful, and other objectionable content). We also aren’t responsible for services  and features offered by other people or companies, even if you access them through our  Service. You should read and agree to their rules and terms.   

8.2 We cannot predict when issues might arise with our service. Accordingly, our liability  shall be limited to the fullest extent permitted by applicable law. We are not responsible for  lost profits, data or any kind of damages  connected to you using the Site. The total limit on  our liability to you under these Terms is the greater of: $100 or the amount you have paid  us in the past twelve months.   

8.3 You agree to defend (at our request), indemnify and hold us harmless from and against  any claims, liabilities, damages, losses, and expenses, including, without limitation,  reasonable attorney’s fees and costs, arising out of or connected with these Terms or your  use of the Service. You will cooperate as required by us in the defense of any claim. We  reserve the right to assume the exclusive defense and control of any matter subject to  indemnification by you, and you may not settle any claim without our prior written  consent.   

8.4 Nothing on the site, or offered through its services or products, is intended to diagnose  or treat any physical or mental illness. No information on the site is intended to be legal,  medical, or financial advice and is for educational purposes only, unless clearly marked  otherwise.   

9.0 How We Will Handle Disputes  

9.1 We hope there won’t be any problems and that you will reach out to us if you are having  issues with our service. But, if you have a legal problem with Site, you agree to use binding  arbitration under the AAA, which means you will not get go to court by yourself or with  others or be part of a class-action lawsuit or arbitration. We and you waive a trial by jury.  The following claims don’t have to be arbitrated and may be brought to court: small claims,  intellectual property disputes (like copyrights and trademarks), or efforts to interfere with  the services or engage with the service in unauthorized ways. A court can also decide issues  about the scope and enforceability of these arbitration provisions. 

9.2 For any claim that is not arbitrated or resolved in small claims court, you agree that it  will be resolved exclusively in the U.S. District Court for the District of Utah or a state court  located in Utah. You also agree to submit to the personal jurisdiction of either of these  courts for the purpose of litigating any such claim.  

9.3 The laws of the State of Utah, to the extent not preempted by or inconsistent with  federal law, will govern these Terms and any claim, without regard to conflict of law  provisions.  

9.4 We appreciate feedback, but we may use any of your comments without any obligation  to pay you and do not have to keep them confidential. For questions about this policy, you  can email us at Hello@TheKitchenCounter.com.