“The Kitchn Cabinet” Consumer Sampling Panel

Late Updated: September 16, 2021

These terms and conditions (“Terms“) explain the terms of your membership on and participation in the Apartment Therapy, LLC (the “Company”) “Kitchn Cabinet” consumer sampling panel (the “Panel”). Please read these Terms carefully. If you do not accept and agree to be bound by any of these Terms, you are not authorized to continue membership or participation on the Panel. Your access to and participation on the Panel constitutes your acceptance of and agreement to abide by each of these Terms. These Terms may be changed, modified, supplemented or updated by the Company from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms if you continue to participate on the Panel after such changes are posted. You are encouraged to review these Terms periodically for updates and changes.

We always welcome your questions and feedback. You may contact us at

Email: kitchncabinet@thekitchn.com

You are in the best position to know and understand what foods, drinks, and/or household products to which you and the members of your household may be allergic. The Company takes reasonable care to work only with companies that properly label their products and include appropriate notifications about allergen-containing ingredients and other safety warnings. HOWEVER, THERE IS ALWAYS A RISK OF CONTAMINATION. You must make the decision to participate in the Panel based on this information and the possible health risk. By your participation on the Panel, you expressly understand that the Company will take reasonable care to limit exposure and risks, but agree that the Company assumes NO LIABILITY FOR ADVERSE REACTIONS to food or beverage consumed or items you or a member of your household may come into contact with while participating on the Panel. By participating on the Panel, you waive, release, and discharge the Company, all advertisers, and all others participating in the administration of this program, as well as their respective parents, subsidiaries, affiliates, officers, directors, employees, and agents, from any and all liability, including but not limited to, liability arising from personal injury including death, disability, damage, or other injury of any kind, which may result from participation on the Panel.

You may be eligible to become a member of the Panel by opting in, completing the application process, and if you meet all eligibility requirements. For clarity, your acceptance and participation in the Panel will be at the sole discretion of the Company. As a Panel member you will be asked to provide some personal information about yourself and agree to all of these Terms. The Company reserves the right at all times to determine eligibility criteria. In order to participate on the Panel, you must meet these criteria, which may change from time to time based on the Company’s requirements. Your participation on the Panel, and all information you submit or share, is also subject to the Company’s privacy policy, which you can review here: https://www.thekitchn.com/about/privacy-policy

Eligibility Criteria – You must:

• Be at least 21 years old
• Be a US resident, living within the 48 contiguous states or the District of Columbia
• Be able to receive shipments at an address located within the 48 contiguous states or DC
  • PO boxes are not permitted
• Have a working email address that can be used for all Panel-related communication
• Have access to the Internet
• Have an active Instagram account, with at least 750 followers, that is free from profanities, references to illegal activity, discrimination or hate messaging, or any other content that would be reasonably considered as offensive, discriminatory or harmful by the general public
  • If your account is private, you must be willing to accept a follow invitation and at all times during your participation in the Panel maintain The Kitchn Cabinet’s custom handle (to be disclosed during the onboarding process) as a follower.

At all times, your participation on the Panel is voluntary and at your discretion, as well as subject to the discretion of the Company. You may withdraw from participation at any time by notifying the Company. The Company reserves the right to terminate any Panel member at any time for any reason, in the Company’s sole discretion. The Company further reserves the right to terminate the Panel itself for any reason, at any time.

You may not disclose to others any of the information that the Company discloses to you through the Panel that is noted as or should otherwise reasonably be understood to be confidential or use such information for any purpose other than participation on the Panel. There may be instances where, as a condition of participation, you will be required to execute a non-disclosure agreement or other confidentiality documents.

All reviews, comments, feedback, notes, postings, ideas, suggestions, concepts, or other material you provide through Panel participation (“Submissions”) will remain your property, but you grant to the Company, its affiliates, advertisers, assigns, and all those acting under its or their permission (collectively, the “Authorized Parties”) an unlimited, irrevocable, royalty-free, perpetual, worldwide, transferable and sublicensable license to use, modify, edit, publish, and distribute any such Submissions as they see fit in their sole discretion, with no compensation payable to you therefor.  

This means, and you acknowledge, that the Authorized Parties have the unrestricted right to use Submissions (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Any and all data collected through the Panel may be used by the Company and/or the Authorized Parties to improve and tailor their products and services and the data will become and remain the exclusive property of the Company. The Company also works with Authorized Parties such such as advertisers and sponsors to obtain feedback, and those Authorized Parties will receive and may use all data received through the Panel. The Company may share Panel data collected with third party vendors who assist the Company in analyzing and using the data. The Company may use any and all research collected for any purpose it deems appropriate in its discretion.

You irrevocably grant to the Authorized Parties the right to use your name and image in connection with use, publication, and display of the Submissions or any portions thereof, as well as in promoting the Panel and the Company and/or any of the Authorized Parties. You release and waive all claims against the Authorized Parties and their officers, directors, employees, agents, and assigns with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability. You agree to indemnify and hold the Authorized Parties and their officers, directors, employees, agents, and assigns harmless from all claims, actions, damages, costs, judgments, penalties or expenses of any kind whatsoever (including reasonable attorneys’ fees), which may be obtained against, suffered by, or imposed upon any of them as a result of any claim for its use of any information you provide that was proprietary, confidential or protected by the laws of any jurisdiction.

You agree not to upload, post or transmit to or distribute or otherwise publish through the Panel any materials which (i) restrict or inhibit any other user from participating on the Panel, or contain a virus or other harmful component, (ii) violate any laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Panel or are libelous, defamatory or offensive. You will agree to abide by and respect the copyrights, trademarks and other intellectual property and proprietary rights of the Company and all other Authorized Parties.

You agree to comply with all applicable laws and regulations in participating on the Panel. You further agree that you have read and understand the FTC Endorsement Guides (the “Endorsement Guides”), and that when engaging on social media or anywhere else about the Panel and/or products that you have tested as a result of your status as a Kitchn Cabinet member, you will comply with the Endorsement Guides with respect to transparency (i.e., disclosing that you have a material connection to the Panel and/or the brand or product you are discussing, such as by using #sponsored), truthfulness (i.e., not stating facts or claims about any brand or product that are not true and reflective of your own honest personal experiences and beliefs), and typicality (i.e., not presenting unusual results as normal or expected).

You further agree to abide by these rules of conduct:

• Only those who are members of the Panel may access the Panel or any of its components.
• Unless specifically told otherwise, you must keep confidential all information that the Company shares and notes as being confidential or which should reasonably be understood to be confidential.
• The Company has the right to use the ideas and information that you put forth on the Panel.
• You agree not to engage in (i) behavior that does not support a safe and comfortable environment for all members, or (ii) proselytizing.
• You agree to receive emails and other communications from the Company regarding the Panel.
• You agree not to post any of the following:
  • material that advocates illegal activity, any form of commercial solicitation, or copyright-protected files;
  • material that is off-topic, false, inaccurate, misleading, defamatory, libelous, stalking, threatening, obscene, pornographic, indecent, vulgar, offensive, which contains unlawful material or information, or which otherwise violates the legal rights of others (such as rights of publicity and privacy);
  • material that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation or identity, race, ethnicity, age, or disability;
  • material intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
  • material that purports to be from any other person or entity, including but not limited to one of our employees, or falsely states or otherwise misrepresents your affiliation with a person or entity; or
  • material that includes personal or identifying information about another person without that person’s explicit consent, or is doxing.

YOUR PARTICIPATION ON THE PANEL IS AT YOUR OWN RISK. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU OR ANY OTHER USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU. COMPANY’S AGGREGATE LIABILITY TO A PANEL MEMBER UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WILL BE LIMITED TO THE FEES PAID TO AND/OR PRODUCTS FURNISHED TO SUCH PANEL MEMBER.

You agree to defend, indemnify, and hold the Authorized Parties and their parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

These Terms shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any legal proceedings against the Company that may arise out of, relate to, or be in any way connected with the Panel, your participation hereunder, or these Terms, and which are not subject to arbitration as described below, shall be brought exclusively in the state and federal courts of New York located in New York County and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

In this Dispute Resolution; Binding Arbitration Section only, “we” and “us” are used to refer to you and the Company together.

A. We each agree to first contact the other party with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms. We will contact you based on the contact information you have provided us.

B. We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in these Terms and can award the same damages and relief. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

i. “Disputes” are any claims or controversies against each other related in any way to the Panel, your participation hereunder, or these Terms – this includes claims you bring against our officers, directors, employees, partners, successors, agents, affiliates, subsidiaries and their related companies, and claims the Company may bring against you.

ii. If either of us wants to arbitrate a dispute, we agree to send written notice to the other party providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: Apartment Therapy, LLC, ATTN: Legal Department, 270 Lafayette Street, Suite 1300 , New York, New York 10012. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.

iii. The FAA applies to these Terms and this arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

iv. The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules. If any AAA rule conflicts with these Terms, these Terms will apply. You can obtain procedures, rules and fee information from the AAA at 1-800-778-7879 or www.adr.org.

v. The arbitration will be conducted by a single neutral arbitrator and will take place in New York, New York. The federal or state law that applies to these Terms will also apply during the arbitration.

vi. We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court as noted in Section 11 above.

vii. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.

C. Either of us may bring qualifying claims in small claims court.

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.