Effective as of July 1, 2015
Cooking’s Cool reserves the right, in its sole discretion, to make changes to our Website, these Terms, the policies and conditions that govern the use of our Website and an individual’s access to this site at any time, or to terminate this site without notice. It is recommended that you periodically read these Terms for any updates or changes. Your continued access or use of our website shall be deemed your acceptance of these changes.
By accessing or using the Website, you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside and will, at all times, provide true, accurate, current, and complete information when submitting information to the Website, including, without limitation, when you provide information to Cooking’s Cool via an email or any registration or submission form found on the Website. In addition you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website.
Restrictions on Use of Materials
Sale of Products
You may be provided with the opportunity to purchase products and/or services through the Cooking’s Cool Website or from third party websites linked to the Cooking’s Cool Website. In addition, some products that you purchase from Cooking’s Cool may be processed by third parties. Products and services purchased through or provided by third-party websites are subject to the terms and conditions of such third parties and their web sites, and Cooking’s Cool shall have no liability or responsibility for such purchases.
Cooking’s Cool reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website with or without notice to you. You agree that Cooking’s Cool shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.
Submission of Information and/or Materials
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you provide information via a Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Cooking’s Cool reserves the right to terminate immediately your access to and use of this Website. In addition, you agree that you will not make any transmission or submission to this Website that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, “Submissions”) to chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant Cooking’s Cool a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, post, disseminate edit, translate, distribute, perform, and display the Submission (including, without limitation, your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. Cooking’s Cool may sublicense its rights through multiple tiers of sublicensees. Cooking’s Cool is not and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.
Links to Other Sites
The Cooking’s Cool Website may provide links to other third party web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Cooking’s Cool is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that Cooking’s Cool shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.
This agreement and its performance shall be governed by the laws of the state of Delaware, United States of America, without regard to its conflict of law provisions. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Delaware, United States of America, in all questions and controversies arising out of your use of the Website and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Website must be brought within two (2) years from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form.
ARBITRATION AND CLASS ACTION WAIVER
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR SERVICE THAT CANNOT BE RESOLVED THROUGH AN INFORMAL PROCESS OR THROUGH NEGOTIATION WITHIN 120 DAYS SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT ON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION WILL BE CONDUCTED IN THE CITY OF WILMINGTON, DELAWARE BUT MAY PROCEED TELEPHONICALLY (IF THE CLAIMANT SO CHOOSES).
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and may be conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
YOU AGREE THAT DISPUTES WILL ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED, ON A CLASS WIDE, REPRESENTATIVE BASIS, OR WITH ANY OTHER ARBITRATION(S) OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. IF FOR ANY REASON THIS ARBITRATION CLAUSE IS UNENFORCEABLE OR INAPPLICABLE, BOTH YOU AND WE AGREE, TO THE EXTENT PERMISSIBLE BY LAW, TO WAIVE ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS ACTION BASIS. IF ANY PORTION OF THIS CLASS ACTION WAIVER IS LIMITED, VOID, OR UNENFORCEABLE, THEN OUR AGREEMENT TO ARBITRATE UNDER THIS SECTION WILL NOT APPLY AND ANY CONTROVERSY OR CLAIM MUST BE BROUGHT EXCLUSIVELY IN THE STATE AND FEDERAL COURTS IN DELAWARE.
Limitation of Liability and Disclaimer
You expressly agree that the use of our Website is at your sole risk and is provided on an “as is” and “as available” basis to the fullest extent permissible pursuant to applicable laws.
Cooking’s Cool and its affiliates (and their franchisees and licensees) and subsidiaries (collectively “affiliates”) expressly disclaim all warranties of any kind, express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Cooking’s Cool and its affiliates make no warranty, express or implied, that the Website or any services, products, or information obtained on or through the Website will meet your requirements or will be uninterrupted, timely, secure, or error free; nor does Cooking’s Cool and its affiliates make any warranty, express or implied, as to the results that may be obtained from the use of the Website or any services, products or information obtained on or through the Website or as to the accuracy, completeness or reliability thereof. Cooking’s Cool makes no commitment to update or correct any information that appears on the Website or any Website linked hereunder.
You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. Cooking’s Cool is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Under no circumstances will Cooking’s Cool or its suppliers be liable for any damages or losses that result from the use of the materials on this Website, even if advised in advance of such damages or losses. Cooking’s Cool and its affiliates make no warranty regarding any goods or services purchased or obtained through or from the Website or any transactions entered into through the Website. No advice or information, whether oral or written, obtained by you from Cooking’s Cool or through or from any service or product on the Website shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties for consequential or incidental damages, in which case the above limitation may not apply to you.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying Cooking’s Cool’s Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
The Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
(5) Your contact information, including your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
[Cynthia Sardo firstname.lastname@example.org]
Waiver & Severability
How to Contact Us
Should you have other questions or concerns about these legal notices or the practices of this Website, or if you are interested in reprinting any of the content of this website, please contact us at:
[PO Box 854 Hockessin, DE 19707]