Terms & Conditions
Terms & Conditions Of Use
This site is operated by Napa Kettle. All inquiries may be directed to:
Attn: Customer Service Department
Your use of this site is governed by these terms and conditions. Please review these terms and conditions. Your use of the napakettle.com site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the napakettle.com site.
Terms and Conditions May Change
Napa Kettle reserves the right to update or modify these terms and conditions at any time, and without prior notice. Your use of the napakettle.com site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We encourage you to review these terms and conditions each time you use this Web site.
All of the content on the site, including, but not limited to, all images, headers, illustrations, graphics, audio clips, video clips, and text (referred to herein as the "Content") is the exclusive property of Napa Kettle and/or is subject to trademark, trade dress, service mark, copyright and/or other intellectual property rights or licenses held by Napa Kettle, by one of its affiliates or by third parties who have assigned or licensed their rights, interests and/or materials to Napa Kettle. The entire Content of napakettle.com is copyrighted as a collective work under U.S. and other applicable copyright laws, domestic and international. Napa Kettle owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of napakettle.com, and the site as a whole, is intended solely for the personal and non-commercial use of the users of our site. As such a user, you may download, print and/or store selected portions of the Content, with the restrictions that: (1) you use any such copies of the Content only for your own personal, non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media in any format or form, (3) you do not modify or alter the Content in any way, including deletion or change of any copyright or trademark notice, and (4) you properly credit any intellectual property rights Napa Kettle. No rights, titles or interests in any downloaded or copied materials are transferred to you as a result of any downloading or copying. Napa Kettle reserves complete title, rights, and full intellectual property rights in any Content you download from our site. Except as specifically noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express permission of Napa Kettle.
Use of Site
The napakettle.com site is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in transactions involving Napa Kettle’s goods and services and/or to otherwise transact business with or contact Napa Kettle, on their own behalf (or, in the case of a corporate transaction or a gift, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) may be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Napa Kettle expressly prohibits any third parties from opting out of Napa Kettle’s services and/or contacts on behalf of a Napa Kettle customer or other person or entity, without both (a) Napa Kettle’ full knowledge with regard to the surrogate action being taken and (b) Napa Kettle’ express written permission. This prohibition serves to better protect the privacy of Napa Kettle’ customers, and the personal relationship Napa Kettle’ works to develop with its customers and others authorized to use its site.
Links to Other Sites
To the extent our site contains links to outside services and resources, the availability and content of which Napa Kettle does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Napa Kettle© and napakettle.com© are pending trademarks of Napa Kettle. All other Napa Kettle trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the site are the property of Napa Kettle. Under no occasion may you use any trademark, service mark, domain name, logo, company name, trade name of Napa Kettle, not that of any third party without permission from the respective owner. All rights are reserved. All other trademarks, product and company names, and logos appearing on www.napakettle.com are the property of their respective owners.
We welcome your comments regarding our site. Please note that any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to napakettle.com become and remain the exclusive property of Napa Kettle. Your election to submit any such Comments shall constitute an assignment to Napa Kettle of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Napa Kettle will then be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensation in any way. We kindly request that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code(s) or original artwork.
Gift Card Messages
The gift message services we make available to our customers are subject to the following guidelines. Out of respect for all of our users, we kindly request that you do not use obscene, profane or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in our gift messages include, but are not limited to:
The transmission of any content that violates, facilitates the violation of, or could violate or facilitate the violation of any applicable law, regulation, or Napa Kettle’ rules or policies.
The transmission of any content that is profane, defamatory, libelous, obscene, pornographic, indecent, lewd, harassing, unlawfully discriminatory, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
The impersonation of any entity or person in any part of a gift message.
The transmission of any content that would violate the intellectual property rights of any other entity or person.
Napa Kettle reserves the express right, but is is no way obligated, to restrict or remove any and all content from a gift message that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other Napa Kettle customers, or to any other person or entity.
We have made extensive efforts to display as accurately as possible the colors of the products shown on our site. However, because the colors visible depend on your monitor, we regretfully cannot guarantee that your monitor's display of any color will be accurate.
Sizes, Weight, Food Appearances
We have made extensive efforts to display as accurately as possible the sizes, weights and look/tastes of the products shown on our site. However, because the colors visible depend on your monitor, we regretfully cannot guarantee that your monitor's display of any color will be accurate. Also, because all of our products are made by hand from scratch (not in a factory) we cannot guarantee every batch of products will look and taste the same every time. We can say, we’ve never had a complaint about consistently great tasting goods.
Prices displayed on our site may differ from prices that are available in stores of our retail partners or in catalogs. The prices displayed on this site are in U.S. Dollars and are valid and effective only in the United States. Users are responsible for all applicable taxes.
Our site, and all contents of the site are provided on an "as is" basis without any warranties of any kind, either express or implied, including without limitation: warranties of title, implied warranties of merchantability, or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole election and risk, that you assume full responsibility for any and all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the site, and that Napa Kettle shall in no way be liable for any damages of any kind related to your use of the site.
There may occasionally be information on the site contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability, and other information. Napa Kettle reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior.
You agree to defend, indemnify and hold Napa Kettle harmless from and against any and all claims, costs and expenses, damages, including attorney fees, arising from and/or related to your use of the site, including, without limitation, your use of the napakettle.com site in violation of these Terms & Conditions.