Date Last Revised: December 4, 2011
This Agreement sets forth the terms and conditions that apply to your access to and use of the Internet website www.compassionatecook.com (“CompassionateCook.com”), as owned and operated by Compassionate Cooks, LLC, By using CompassionateCook.com, you agree to be bound by the terms and conditions of this Agreement and Compassionate Cooks, LLC’s Privacy and Security Policy.
By using the information, tools, features, and functionality located on CompassionateCook.com, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the CompassionateCook.com website) or you are a “Member” (which means that you have registered with CompassionateCook.com). If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and your Personal Information
For information about Compassionate Cooks, LLC’s data protection practices, please read our Privacy and Security Policy (http://www.compassionatecook.com/privacy-and-security-policy), which is hereby incorporated into this Agreement. This policy explains how Compassionate Cooks, LLC treats your personal information when you access CompassionateCook.com and use the Service. The policy may be updated from time to time at our discretion.
Medical & Nutrition Information
The contents of the website, including articles, text, graphics, images, links and other material contained on the site or any supporting material (for example, our newsletters and books) are for informational and educational purposes only. The content and products on this site should not be considered a substitute for professional medical advice. Your physician or other qualified health provider should always be consulted with any questions you may have regarding a diagnosis, medical condition or treatment. The use of the website and its content is a choice that you have voluntarily made, and Compassionate Cooks, LLC assumes no liability for your use of the website. Reliance on the website and any of its materials is at your own risk. Our website and forums do not supply medical care or medical services. For medical services or medical emergencies, please call your personal physician or 911 immediately.
Evolving issues concerning the Internet are beyond the responsibility or control of CompassionateCook.com Accordingly, we cannot assume liability for delays, failures or data transmission related to the Internet. Be assured that we take all necessary steps to keep the service downtime to a minimum and that we use secure server software to ensure your transactional security and privacy.
No Warranties or Liability
Compassionate Cooks, LLC makes the best effort to always provide the most complete and accurate information, but it does so on an “as is” basis. In no event, however, can Compassionate Cooks, LLC or its managers be held responsible for any errors that might inadvertently occur, and Compassionate Cooks, LLC will provide no monetary damages in any way. Compassionate Cooks, LLC disclaims all warranties, either express or implied, including but not limited to merchantability, non-infringement and fitness for particular purpose.
You agree to indemnify and hold Compassionate Cooks, LLC and its managers harmless from and against any and all claims, actions or demands including without limitation reasonable legal and accounting fees, resulting from your use of this website.
Compassionate Cooks Club
If you sign up for the Compassionate Cooks Club, you will be assigned a member name and password. These passwords are for your personal use only, and you agree that you will not allow anyone else to use your password. You are responsible for taking reasonable steps to protect your password.
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser.
If you opt for monthly or annual membership your credit card will automatically be billed each successive month or year at your current rate unless you cancel membership. There are no refunds for the Compassionate Cooks Club. If you would like to cancel your membership, please contact us at firstname.lastname@example.org, and you will not be billed for the next billing cycle. We reserve the right to change pricing effective with your renewal date.
If you cancel your Compassionate Cooks Club membership and would like to rejoin in the future, you will have to start your membership with the initial registration again for the membership plan of your choice.
If you would like to change your membership plan, i.e. change from silver to gold or from gold to platinum, you can do so logging into your account and “upgrading.”
Intellectual Property Rights
The contents of CompassionateCook.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. Compassionate Cooks, LLC grants you the right to view and use CompassionateCook.com subject to these terms. You may download or print a copy of information provided on CompassionateCook.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from CompassionateCook.com in whole or in part for any other purpose is expressly prohibited without our prior written consent, at which time you agree to include our copyright notice: “Copyright 2011, Compassionate Cooks, LLC. All rights reserved” on each page printed.
Any submission you make to us of any idea, information, business invention or concept to Compassionate Cooks, LLC is voluntary. You agree that any such submission is not confidential for all purposes, and you grant us or warrant that the owner grants us a royalty-free, perpetual, irrevocable, worldwide license to use such submission in any medium. If your idea, information, business invention or concept is proprietary, please do not submit them.
Rules for Posting
You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of CompassionateCook.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas that are designated for such purpose.
Compassionate Cooks, LLC may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your Compassionate Cooks Club account, such as a change in your Registration Information.
Electronic alerts will be sent to the email address you have provided as your primary email address for CompassionateCook.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your CompassionateCook.com Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts.
CompassionateCook.com may provide links to other websites as a resource and convenience. We cannot be responsible for the content for such websites, nor can we make any warranties regarding these sites.
Please contact us with any questions or comments regarding this website at email@example.com. We try to respond to all inquiries as quickly as possible and appreciate your patience given the volume of mail we receive.
Compassionate Cooks, LLC may at any time, terminate its legal agreement with you:
*if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
*if Compassionate Cooks, LLC in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
*immediately upon notice, to the email address provided by you as part of your Registration Information.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Compassionate Cooks, LLC under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Compassionate Cooks, LLC, or its officers, directors, contributors, managers, volunteers, employees, agents, sponsors, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Alameda, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Compassionate Cooks, LLC may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Compassionate Cooks, LLC is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Compassionate Cooks, LLC, its officers, directors, managers, volunteers, contributors, employees, agents, sponsors, or affiliates arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Compassionate Cooks, LLC does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Compassionate Cooks, LLC has the benefit of under any applicable law), this will not be taken to be a formal waiver of Compassionate Cooks, LLC’s rights and that those rights or remedies will still be available to Compassionate Cooks, LLC.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Compassionate Cooks, LLC regarding the subject matter of the same, and supersedes all other previous agreements.