Terms of Service
Effective: 08/15/2024
Last Updated: 08/20/2024
Section 1. Agreement to Terms.
The Terms of Service Agreement (“Agreement”), written on the effective date and last updated on the date above, is made between you (“user,” “you,” or “your”) and:
a. The Company
Website URL: https://wkbmi.com
Company Name: William’s Kitchen & Bath MFG
E-mail: tyler@wkbmi.com
Street Address: 501 S Main St Perry, Michigan
Zip Code: 48872
The owner mentioned above includes its affiliated companies, websites, applications, software, and tools (the “Company,” “we,” “us,” or “our”), and, with this Agreement, outlines the rights and obligations that you and all users share, as well as any other media channel, mobile website, mobile application, or any affiliations related or connected thereto (collectively, the “website”), for the purpose of making use of any of the company products, content, software, or other tools on the website (“services”), or the purchase of products or services from the company (“transactions”).
2. Access and Use.
Your access to and use of our website and services is conditional upon your acceptance of and compliance with this Agreement, which applies to all the website’s visitors and our customers. If, for any reason, you do not agree with any of the terms of this Agreement, you may not access the website or any of our services and products. Additionally, your access to and use of the services is conditional upon your acceptance of and compliance with our privacy policy which describes our policies and procedures on the collection, use, and disclosure of your personal information, which is initiated by and commences when you use the website. The privacy policy discloses details and discloses your privacy rights and protections under applicable laws. It is advised to read our privacy policy prior to accessing the website or its services. See Privacy Policy for more details.
We do not claim that the content of our website and affiliations is appropriate or suitable for you or any visitor. No information, data, or information provided on the website is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject the Company to legal liability of any type. Any such access or use of the website or our affiliations is to be utilized on your own initiative, and you are solely responsible for any legal compliance.
Any supplemental amendments or documents on the website following the effective
date of this Agreement are to be considered expressly incorporated into this Agreement.
3. Purchase Policy.
All transactions made to our company in exchange for the services and products we provide will be paid in accordance with the following terms:
a. Forms of Payment. We accept payment through any of the methods offered at the
time of purchase or when a balance is due to be paid. The provider and method of
payment are determined by us as well as your location, device, and purchased item.
We reserve the right, at any time, to reject payment for any reason.
b. Deposits. A minimum deposit of up to 100% of your total due balance is required
to place an order for any of our products and services, the percentage of which is
determined by us. We reserve the right to refuse your order until the deposit has
been received. Deposits are non-refundable.
c. Order Delivery. Orders will be shipped only upon the in person or visual
inspection and written approval of the product, conducted by the customer. Your
remaining balance is due upon approval of the product. The products release is
contingent on the payment of this remaining balance.
d. Delivery Time. A timeline will be provided upon the written approval and
placement of an order. If any supply chain issues arise, you will be contacted
promptly and informed of any projected changes to your order.
e. Order Changes. Order changes are to be made in person by appointment. Request
of an exception may be granted at the discretion of the company. Order changes
may increase the overall due balance for the product or service, which is determined
by the requested modifications. Any changes made during the installation process
will be priced as extra time and materials added to the installation fee.
f. Installation. Installation service may be requested from us for an additional fee.
The installation fee is not included in the product price. The balance of this fee is
to be collected upon the completion of the installation. We are not responsible for
any installment requirements if the installation is done by a third (3rd) party.
Purchase of our installation service requires the provision of hanging cabinetry,
aligning door and drawer fronts, installing shelves, Cutting supplied trim, filling and
painting of nail holes, dent/scratch touch up, Installing handles and knobs, caulking
gaps between cabinet-(trim/walls/ceiling). Handles, knobs and shoe molding are not
included. We are not responsible for the execution of or compensation for other
potential services including but not limited to: plumbing, electrical. flooring, drywall
repair, painting of walls and ceilings.
g. Refund Policy. Except when required by law, payments made by you are not
refundable by the company. All products manufactured by us are made to order and
pre-approved, therefore refunds may not be accepted. Misuse and neglect of
products does not warrant replacement parts free of charge. Broken hardware may
be replaced for the cost of time and materials. Refund requests are administered on a
case-by-case basis and, if granted, do so at the sole discretion of the company.
h. Return Policy. All products manufactured by us are made to order and pre-
approved, therefore returns or exchanges will not be accepted. Faulty products,
excluding that which resulted from misuse, neglect, etc, may be returned upon
inspection within sixty (60) days from delivery.
i. Finish Warranty. Water damage, misuse and neglect to finished products does not
warrant refinishing. Cabinet fronts may be refinished for the current cost of time and
materials. Product failure within sixty (60) days of delivery may be refinished free of
charge upon our visual inspection and approval. Lines and cracks in painted wood
may show in time and do not warrant free repair. Damage to finished products
during installation are to be repaired by the installer.
We have a legal responsibility to deliver the products agreed to in the order. By
payment of the deposit you acknowledge the order will be fulfilled as per the collaborated design, presented and agreed upon previous to the deposit. Additional materials or labor requested by you will include a fee outside of the original install fee and product price. That price will be determined by the cost of labor and materials and will reflect current economic fluctuation.
4. Prohibited Activities.
As a user of our services, whether on the website or a direct business transaction, it is
prohibited to engage in the following activities:
i. Systematically retrieve data or other content from our website or services to create
or compile, directly or indirectly, a collection, compilation, database, or directory
without our written permission;
ii. Trick, defraud, or mislead other users or us, especially in any attempt to learn
sensitive information such as user account passwords, customer transaction records,
any billing information;
iii. Circumvent, disable, or otherwise interfere with security-related features of the
website or services as well as any company affiliations, including those that restrict
the copying of content or protected marks;
iv. Disparage, tarnish, or otherwise harm the company, website, mobile app, or any
other platforms where the services are offered;
v. Use any information obtained from the website, service or company and its
affiliations to harass, abuse, or harm another person or group of people;
vi. Make improper use of our support services, specifically our customer service
representatives, or make false reports of abuse or misconduct;
vii. Use the website or services and their content in a manner that is inconsistent with
its intended use or against any applicable laws;
viii. Engage in spamming, linking, or referring to other websites for commercial or
other purposes;
ix. Upload or transmit, or the attempt of such act, viruses, trojan horses, or other
damaging or improper material, including the spamming or continuous posting of
repetitive text, that has the potential to interfere, modify, impair, disrupt, alter, or
interfere with another user’s experience with the website and company or its
features, functions, operations, or maintenance;
x. Attempting any unauthorized automated use of the website or our contact
channels, such as using scripts to send comments and messages, or using mining
tools with the intention of gathering, injecting, or extracting data;
xi. Deleting copyrights, trademarks, disclaimers, or any other marks from the website
and company or its content;
xii. Impersonating another user or person by use of a username, e-mail, personal
name, or in any other manner;
xiii. Upload or transmit, or the attempt of such act, any material that acts as a passive
or active information collection or transmission mechanism, including, without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices, also known as “spyware,” “passive collection mechanisms” or
“PCM”;
xiv. Interfering with, disrupting, or creating an undue burden on the website, services,
networks, communication channels and other connections;
xv. Harassing, annoying, intimidating, or threatening any of the other users,
employees, agents, contractors, or any other individual affiliated with the company;
xvi. Disabling or attempting to disable restrictions implemented by the company or
website that prohibits access to certain areas;
xvii. Copying or adapting the software of the website or company, including but not
limited to Flash, PHP, HTML, JavaScript, or other code;
xviii. Deciphering, decompiling, disassembling, or reverse engineering any of the
software on the website or company affiliations;
xix. Except as may be the result of a standard search engine or internet browser
usage, to use, launch, develop, or distribute any automated system, including,
without limitation, any crawlable spider, robot or bots, cheat utility, scraper, or
offline reader that accessed the website or services, or using or launching any
unauthorized script or other software;
xx. Using a buying or purchasing agent to make purchases on the website or from
the company;
xxi. Making any unauthorized use of the website or the services, such as collecting
usernames, e-mail addresses, or personal names of users by electronic or other
means to send unsolicited e-mails or create user accounts by automated means or
under false pretenses;
xxii. Using the website or services as part of any effort to compete with us or
otherwise using the website, services, marks, content, data, or any part thereof for
any revenue-generating endeavor, commercial purpose, or personal benefit;
xxiii. Using the website or services to advertise or offer to sell goods or other
services; and
xxiv. Selling your user profile or account on the website or otherwise.
You acknowledge that the activities listed herein are prohibited and participation in
any prohibited activity may result in disciplinary action being taken against you.
5. Copyright Policy.
It is our duty to respect the intellectual property rights of others. Therefore, it is our
policy to respond to any claim that infringes on any trademark, copyright, or other intellectual
property protected under law.
a. Intellectual Property Infringement. If you are an owner of any protected
intellectual property that you feel is being used without your authorization, you must
submit notice to us by any of the contact details mentioned herein and include a
detailed description of the alleged infringement. If any request is made, and it is
determined that you are not the owner of the intellectual property or do not have the
authority to act on the owner’s behalf, you may be held accountable for damages
which may also include costs related to attorneys’ fees for such misrepresentation.
b. DMCA Notice and DMCA Procedure for Copyright Infringement Claims. You may
submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our company with the following information in writing (see 17 U.S.C 512(c)
(3) for further detail):
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyrighted work;
- A description of the copyrighted work that you claim has been infringed, including the URL(s) where the copyrighted work exists or a copy of the copyrighted work;
- Your contact details, including a personal name, address, phone number, and e-mail address;
- A statement that the copyright infringement is not authorized and that the request to remove the copyrighted work is in good faith; and
- A statement by you, with language that includes “under penalty of perjury,” that the information included in the infringement removal is accurate.
Upon receipt of a copyright infringement notification, we will take whatever steps
are required to remove the copyrighted content from the website or the services.
6. Intellectual Property.
Except as otherwise indicated, all source coding, databases, functionalities, software,
graphic designs, and media of any kind (e.g., audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information (“intellectual property”). Such intellectual information is under our ownership and protected by local, state, national, and international laws and will be defended. No intellectual property is permitted to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.
7. User Obligations.
You, as a user of the website or any of our services, agree to the following:
- Any information used for registration purposes, if required, must be submitted in an accurate and completed manner;
- If any information should change regarding your account or contact information, you agree to change it in a timely fashion;
- You have the legal capacity to understand, agree with, and comply with this Agreement;
- That you will not access the website or our services through the use of bots, scripts, or any other use than the traditional manner as is intended; and
- That you will use the website and our services in an authorized and legal manner in accordance with this Agreement.
In regard to any of the information submitted by you, if it should be deemed inaccurate, out of date, or incomplete, we reserve the right to terminate your access to the website, account or use of services and any future intended use.
8. Third (3rd) Party Website and Content.
Our website or services may contain links to 3rd party websites or services that are not owned or controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts by 3rd parties.
You acknowledge that if you are to be re-directed or forwarded to such 3rd party website, you hold us harmless and free of liability for any action that should occur on such websites, which may or may not include damages, losses, or any other claims.
9. Site Management.
To ensure the best experience for all users of our website and services, we reserve the right, in our sole discretion, to do the following:
- To monitor our website, services, and any other content for violations by users of this Agreement;
- To take appropriate actions against our users, including legal action, for those who may have violated this Agreement or have attempted to defraud or cause harm to other users;
- To refuse, restrict, limit, disable, or remove any and all files and Content which, due to excessive size limits or other properties, are burdensome to our systems or other users; and
- To otherwise manage our website and services in such a way as to protect our rights and property and to encourage the optimal running of said websites and services.
10. Privacy Policy.
Your access to and use of our website or services is conditional upon your acceptance of our privacy policy. Our privacy policy describes our rules and procedures on the collection, use, and disclosure of your personal information and details your privacy rights and how the law protects you and such data. It is recommended for all users to read to know their rights.
We maintain the right to store certain data that you have transmitted by the use of the website or any of our services. You are solely responsible for the data you transmit and how it relates to any activity you have undertaken when using the website and any of its services. Therefore, you agree that we have no liability to you for any loss, breach, or corruption of any data and hereby waive any right of action against us that may or may not arise from such loss, breach, or corruption. See Privacy Policy for more details.
11. Submissions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding our company (“submissions”) provided by you is public and is not considered confidential unless otherwise stated. Upon submissions posted on the website, it becomes our exclusive property along with all intellectual property rights, which we may use for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
By posting your submissions, you agree to waive any rights to such submissions and acknowledge their transfer to us. Any submissions directed at our company that are deemed by us as unfavorable or defamatory may be utilized in a manner that publicly highlights and addresses the criticism. In addition, you agree that after the posting of such submissions, there is no recourse. Therefore, you may not delete submissions to use them on another platform for your benefit or to reclaim their rights.
12. Governing Law.
The laws governing the company’s jurisdiction, mentioned in Section 1(a) of this Agreement, shall govern this Agreement, including your use and access to the website and services.Your use of this website, services, and any mobile app may be subject to other local, state, national, and international laws.
13. Dispute Resolution.
If you should raise any dispute about the company, website, its content, any of the services offered, or our affiliations, it is required first to attempt to resolve the dispute formally by contacting us. Disputes will be documented for company record and users must comply with the following procedure:
a. Mediation. If a dispute cannot be agreed upon by the parties, it shall be moved to mediation for a
period of 30 days with at least 10 hours to be committed by each party in accordance with the
procedures of the United States Arbitration & Mediation. All costs related to said mediation shall be
shared equally by both parties.
b. Arbitration. If the dispute cannot be agreed upon during the mediation period, then the dispute
will be submitted to binding arbitration in the jurisdiction of governing law.
We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the country where you or we reside.
14. Indemnification.
You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any 3rd party due to or arising out of the following:
- Our content;
- Use of any of our services or the website;
- Not able to use any of our services or the website;
- Any breach of this Agreement;
- Any beach of representations and warranties set forth in this Agreement;
- Any violation of the rights of a 3rd party, including but not limited to intellectual property rights; and
- Any overt harmful act toward any other user of any of our services or the website.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
15. Notices.
Except as explicitly stated otherwise, any notices sent to us must be sent to the e-mail mentioned in Section 1 of this Agreement. Any notices sent to you regarding any communication that must be sent in accordance with this Agreement will be sent to the e-mail provided at the beginning of service or any e-mail registered to any account created on the website. If notice is required to be sent via standard mail for legal or other purposes, the mailing address in Section 1 of this Agreement should be used.
16. Electronic Means.
When accessing the website or any of its services, sending e-mails, online forms, e-signatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing.
You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
You acknowledge electronic means sent or received by you may be held as company
record for future reference.
17. California Users.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in any of the methods below:
Mail
1625 North Market Blvd, Suite N 112,
Sacramento, California
95834
Telephone
(800) 952-5210
(916) 445-1254
18. Miscellaneous.
This Agreement and any policies or operating rules posted by us, on the website, or through any services or in respect to such constitute the entire Agreement and understanding between you, as a user, and us, as a company. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law in accordance with the jurisdiction where we are located and to the protections that you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control.
If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language. It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, the website, or any of its services. You agree that this Agreement will not be construed against us by virtue of having drafted and published on the website for your review. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the lack of signing by any party hereto. If this Agreement has been translated, you agree that its original English text shall prevail in the case of a dispute.
