Terms and Conditions
The kingkooker.com web site (this “Web Site”) is operated by Metal Fusion, Inc. All inquiries may be directed to Metal Fusion, Inc., 712 St. George Avenue, Jefferson, LA 70121, (504) 736-0201, (800) 783-3885. Your use of this Web Site is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the Web 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 Web Site.
These Terms and Conditions May Change
Metal Fusion, Inc. reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Web Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this Web Site.
All of the Content you see on this Web Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Metal Fusion, Inc., one of its affiliates or by third parties who have licensed their materials to Metal Fusion, Inc. The entire Content of the Web Site is copyrighted as a collective work under U.S. copyright laws, and Metal Fusion, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Web Site, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Metal Fusion, Inc. reserves complete title and full intellectual property rights in any Content you download from this Web Site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Metal Fusion, Inc.
We welcome your comments regarding the Web Site, our products, and any prospective products. However, any comments, feedback, notes, messages, ideas,suggestions or other communications (collectively, "Comments") shall be and remain the exclusive property of Metal Fusion, Inc. Your submission of any such Comments shall constitute an assignment to Metal Fusion, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Metal Fusion, Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask 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 or original artwork.
We have done our best to display as accurately as possible the colors of the products shown on this Web Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Most products displayed on this site are available in select Metal Fusion, Inc. approved stores. In some cases, merchandise displayed for sale on this Web Site may not be available at Metal Fusion, Inc. approved stores. The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States. The prices listed do not include shipping, handling, sales taxes, and other applicable taxes, for which you are responsible. While Metal Fusion, Inc. will use its best effort to fulfill all orders, it does not warrant or guarantee the availability of any product listed on this Web Site. Metal Fusion, Inc. reserves the right to discontinue any product at any time without notice.
From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Metal Fusion, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order.)
This Web Site and all contents of this site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site, and that Metal Fusion, Inc. shall not be liable for any damages of any kind related to your use of this Web Site.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Metal Fusion, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Metal Fusion, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Metal Fusion, Inc.
Your use of this site shall be governed in all respects by the laws of the state of Louisiana, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of King Kooker® Outdoor Cooking Products) shall be in the state or federal courts located in Jefferson Parish, Louisiana. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of King Kooker® Outdoor Cooking Products) must be commenced within one (1) year after the claim or cause of action arises. Metal Fusion, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 and conditions. Metal Fusion, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Metal Fusion, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Metal Fusion, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Metal Fusion, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Metal Fusion, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Metal Fusion, Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless Metal Fusion, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, King Kooker® Outdoor Cooking Products may link to sites operated by third parties. However, even if the third party is affiliated with Metal Fusion, Inc., Metal Fusion, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of King Kooker® Outdoor Cooking Products. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Metal Fusion, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).