The Kettle’s Terms of Use & Privacy Policy Agreement

Hello, and welcome to The Kettle!

This Privacy Policy & Terms of Use Agreement is a contract that we, The Kettle, and you share if you choose to use our website. We recommend you read and understand these Terms of Use before using our site. This agreement contains both disclaimers of warranties and limitations on liability and responsibility that may be applicable to you – please take your time to thoroughly read through this document.

Terms of Use

We reserve the right, at any given time, to:

amend these Terms Of Use;

alter this website, including removing or discontinuing any information, services, or other features of the website we see fit; or

terminate your access of/to this website

Any changes we make to the website will be made effective immediately. You agree your continued use of the The Kettle website after said changes constitutes your acceptance of said changes. You accept you have read and understand all terms and conditions of our Privacy Policy (http://adco-ds.com/kettle/privacy-policy/) and you agree to all terms and conditions). We recommend you return to this page on a regular basis in order to ensure you are familiar with the most current version of this agreement.

SERVICES. Here at The Kettle, we are committed to making your entire website experience a positive one. There is no registration to use this websites services as a user.

Damages or Claims. YOU HEREBY AGREE TO RELEASE The Kettle (AND OUR OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANY, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH CONTRACTORS / SERVICE PROFESSIONALS.

USE OF The Kettle WEBSITE & PROHIBITED USES. By using The Kettle website, you acknowledge your use is for personal use, not for advertising purposes. You may not use The Kettle website for other purposes not considered in this document. You also acknowledge a violation of the before mentioned, could result in significant damages, and you also agree you are responsible to The Kettle for any, and all, such damages, and will compensate The Kettle in the event of any third party claims against The Kettle based on or arising from your violation of the previously mentioned. We reserve the right to revoke your access to any The Kettle services at any given time. If it is determined or suspected by The Kettle in its sole discretion that you are misusing or attempting to misuse the The Kettle services, or are using or attempting to use them for any inappropriate or non-personal use, including, but not limited to, activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, The Kettle reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including, but not limited to, lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

CALL RECORDING. By using this website and contacting The Kettle directly, you acknowledge and agree The Kettle can monitor and/or record any telephone calls between you and The Kettle that are made through our tracking numbers. Tracking numbers may be any number on this website.

NOTICE SPECIFIC TO DOCUMENTS & INFORMATION AVAILABLE ON THIS SITE. Authorization to use documents including, but not limited to, press releases, data-sheets, content, informational items, and FAQs from The Kettle server (“Server”) is granted, provided (1) the below copyright notice is clear in all copies and both the copyright notice and this permission notice are clear, (2) use of these documents from the website are for your information and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in media platforms, and (3) no alterations of documents are made. Educational institutions (K-12, universities, and state community colleges) may download, use, and reproduce the documents for distribution in the classroom. Distribution for outside of the classroom requires written permission from The Kettle. Any other purposes are explicitly prohibited by law, and may result in serious criminal penalties. Violators will be prosecuted to the fullest extent of the law. Documents discussed above do not also include the design/layout of the The Kettle. Components of the The Kettle are kept safe by trade dress, trademark, unfair competition, and other laws and may not be copied in whole or in part. No logo, graphic, sound, or image from The Kettle website may be copied unless given direct permission from The Kettle.

The Kettle AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION IN THE DOCUMENTS AND GRAPHICS PUBLISHED ON THIS SERVER. ALL DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY. The Kettle AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DOCUMENTS AND GRAPHICS PUBLISHED ON THE The Kettle WEBSITE COULD INCLUDE TECHNICAL AND TYPOGRAPHICAL ERRORS – CHANGES ARE REGULARLY ADDED TO THE WEBSITE. The Kettle AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED ABOVE AT ANY GIVEN TIME.

Under California Civil Code Section 1789.3, California Website users are given the following consumer rights: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

ARTICLES & OTHER CONTENT: The Kettle provides users with content relating to marketing & advertising. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all responsibility for your use of such Articles.

LINKS TO THIRD-PARTY SITES. Links in this website allow you to leave the website. The linked sites are not under the control of The Kettle, and The Kettle is not responsible or liable for the content or functionality of linked sites or links contained in a linked site. Your use of third-party linked sites is governed by the Terms of Use / Privacy Policy, of such linked sites. The Kettle is not responsible for webcasting or other forms of transmission from any linked site. The Kettle is providing these links as a convenience to consumers, and the inclusion of any link does not suggest endorsement by The Kettle.

INDEMNIFICATION. YOU AGREE TO INDEMNIFY The Kettle, INCLUDING ALL PARTNERS, EMPLOYEES, AND AFFILIATES, AND HOLD THEM EACH SAFE FROM ALL CLAIMS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD-PARTY DUE TO YOUR USE OF THE The Kettle, IN CONNECTION WITH THE The Kettle WEBSITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND THE COMPANY, OR YOUR VIOLATION OF THESE TERMS OF USE, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD-PARTY.

NOT FOR USE BY CHILDREN UNDER 13. You affirm you are over the age of 13. The Kettle is not intended for children under the age of 13.

GENERAL PROVISIONS. You agree The Kettle’s services are provided to you on an “AS IS” basis without any warranty. The Kettle’s sole obligation to you or any third-party for any claim arising out of your use of the The Kettle services is you are free to discontinue your use of The Kettle at any given time.

EXCEPT AS EXPLICITLY STATED HERE, The Kettle EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE The Kettle SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF The Kettle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The Terms of Use Agreement is governed by the laws of the State of Minnesota as such laws are applied to agreements entered into and to be performed entirely in the State of Minnesota and between Minnesota residents. You agree to submit to jurisdiction in Minnesota and any claim arising out of or related to the Terms of Use Agreement will be brought solely in a court in Stearns County, Minnesota. The Terms of Use Agreement constitutes the entire agreement between you and The Kettle and take the place of all oral and written statements.

MISCELLANEOUS. The Terms of Use Agreement will ensure the benefit of The Kettle’s successors, assigns, and licensees. If any provision of the Terms of Use Agreement shall be deemed unlawful or unenforceable by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the overall attitude of the provision. Alternatively, if alteration is not possible, such provision shall be stricken and will not affect the validity and enforceability of the remaining terms. The failure of The Kettle to exercise and enforce any provision of the Terms of Use Agreement shall not constitute a waiver of such provision. You agree regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the The Kettle services or the Terms of Use Agreement must be filed within one (1) year after such claim or cause of action arose. The section titles in the Terms of Use Agreement are for convenience only and have no legal effect.

Privacy Policy

This privacy policy is to help you better understand what information The Kettle gathers, how The Kettle uses the information, and how it may be shared. The information we collect helps with site functionality, quality, and builds a more personalized experience for our users.

GATHERING & USE OF INFORMATION. We do not gather information directly when you enter this website. We do gather information when submitting a form request. We also record calls that originate from some of the phone numbers listed on this website.

More about the information we gather:

Communication: When you submit a form request from this website (The Kettle), as permitted by law, you are opting in to receive emails from us or about us. In accordance with applicable law, we may store messages exchanged between you and third-parties in order to process and deliver them, and investigate possible wrongdoing in connection with The Kettle.

Automatically Gathered Information: We gather and hold onto information about your use of The Kettle, through the use of third party services such as Google Analytics, such as your search activity, pages viewed, and the date/time of your visit. We also gather and hold onto information your computer or mobile device provides us, such as your browser type, type of computer/mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.

By supplying this information to The Kettle, or by submitting a consultation request, you are requesting, and you are willingly consenting to being contacted by The Kettle via phone, email, mail, or other rational means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order for us to provide the services listed on our site, including marketing related emails.

You agree by completing a contact request, you are entering into a business partnership with The Kettle and its partners and thus, agree to be contacted by The Kettle and/or its partners. You hereby promise all information you provide, including, but not limited to, your contact information, and any Ratings & Reviews of contractors / service professionals you provide, will be factual, current, and honest. If you provide information that is fictitious, not current, or dishonest, or The Kettle has reasonable suspicion that such information is fictitious, not current, or dishonest, The Kettle has the right to refuse you current or future services. You are accountable for your password for The Kettle website, whether the password was intentionally or negligently accessed.

TO INTENTIONALLY PUT INCORRECT INFORMATION, INCLUDING BUT NOT LIMITED TO, NAME, PHONE NUMBER, ADDRESS, OR E-MAIL ADDRESS IS AN EXTREMELY SERIOUS AND CRIMINAL ACT THAT COULD RESULT IN REMARKABLE COSTS AND DAMAGES, INCLUDING INVASION OF PRIVACY RIGHTS, TO The Kettle AND ITS CONTRACTORS / SERVICE PROFESSIONALS, PARTNERS, AND CONSUMERS, ALONG WITH THE LOSS OF TIME, EFFORT, AND EXPENSE RESPONDING TO AND PURSUING INCORRECT INFORMATION, AND FURTHER, COULD RESULT IN FINES AND PENALTIES. CONSEQUENTLY, IF YOU KNOWINGLY PUT INCORRECT INFORMATION IN A REMODELING / SERVICE REQUEST, INCLUDING, BUT NOT LIMITED TO, SOME ONE ELSE’S NAME, E-MAIL ADDRESS,  ADDRESS, OR PHONE NUMBER, OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL, OR PHONE NUMBER YOU AGREE TO FULLY COMPENSATE AND BE LIABLE TO The Kettle AND EACH CONTRACTOR / SERVICE PROVIDER(S) WHO ACCEPTS SUCH REMODELING REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO The Kettle AND EACH OF THE AFFECTED CONTRACTORS / SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY THE FICTITIOUS, DISHONEST, OR FRAUDULENT INFORMATION YOU ENTER PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSES, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL AND MISLEADING  ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES – WHICH EVER IS GREATER.

COOKIES & TRACKING TECHNOLOGY

The Kettle and the third parties it interacts with use cookies, web beacons, local shared objects, and other tracking technologies in connection with your use of the website and third party websites. Cookies can be defined as tiny data files with unique identifiers, and live in your computer, mobile device, emails we send, and on our website.

The Kettle may use cookies to communicate information about you and your use of the website. When we use cookies, we do so to further our website’s features, store your personal preferences, enable relevant advertising, and help us to learn more about how users and how they use our site.

There may be a possibility to disable cookies through your device / browser settings. The method for disabling cookies most likely varies by device and browser, but can typically be found in preferences / security settings. If you are not comfortable with the use of cookies, please do not use The Kettle.

SHARING YOUR INFORMATION.

The Kettle does not rent or sell your contact information to third-parties to use for marketing purposes. We may, however, share some information about you with third parties in connection with your use of The Kettle. Learn about our information sharing policies and purposes with third-parties:

THIRD PARTY AD NETWORKS. The Kettle may use third-party advertising companies to serve advertisements on The Kettle and on third party sites – in accordance with applicable law.

BUSINESS TRANSFERS. If The Kettle is acquired by or merged with another entity, if all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have gathered about you to the other company / entity.

OTHER USERS.  Information you publicly post / comment on The Kettle will be made available to other users of The Kettle.

INVESTIGATIONS. The Kettle may investigate and disclose your information, as permitted by applicable law, if we suspect such investigation or disclosure is (a) necessary to comply with legal process and law enforcement instructions and orders; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with The Kettle; or (c) helpful to protect our rights, reputation, property, or our users, subsidiaries, or the public.

LINKS TO OTHER SITES. The Kettle contains links to other sites – sites out of our control. Be aware we are not responsible or liable for the privacy practices of said sites. We recommend reading the privacy policies of each site you visit.

CHILDREN. This website is open to the general public but is not intended for children under the age of 13. We don’t knowingly collect information from children under 13 and if we become aware this we will take the necessary steps to remove the information from our system and terminate the child’s account. Please contact  us if you have any questions.

UPDATES. The Kettle may revise this privacy policy whenever deem necessary. The most up to date version will preside over our use of information about you and will be located here: www.adcodigital.com/privacy-policy If major changes are made to this document, you may be notified via email. By continuing to use the The Kettle you agree to the revised version of the privacy policy.

CONTACT. Please feel free to contact us through email or phone if you have any questions, comments, or concerns.

Last updated on January 05, 2017