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| Terms And Conditions Of Use |
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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This website (the "Website" or "COOKSGARDEN.COM") is provided by The Cook's Garden Company, Inc. ("The Cook's Garden"), subject to these terms and conditions of use ("Terms and Conditions"). By using this Website, you and your agents ("you" or "yours") are deemed to have agreed to these Terms and Conditions. The Services (as defined below) provided to you through this Website include Services provided on COOKSGARDEN.COM. You can click here to review the most current version of these Terms and Conditions at any time. Use of Services The Cook's Garden now offers or in the future may offer the following services as well as other additional services on COOKSGARDEN.COM: Products and services for sale Newsletters, catalogs and other publications Chat rooms and bulletin boards Articles and other information of interest Provide contests Links to third party sites As provided by The Cook's Garden, these functions are collectively referred to as the "Services". The Cook's Garden may alter, augment or terminate the Services in whole or in part at any time and from time to time in its sole discretion. The Cook's Garden reserves the right to modify, deny or suspend the Services at any time with or without notice to you. To use the Services, you will need access to the World Wide Web, and you must pay any fees associated with your use of such access and the Services you obtain. Of course, you will also need equipment and a modem or other access device. The Cook's Garden currently uses SSL technology on its Website to help protect information that passes over the Internet. You must have certain browser capability to take advantage of this encryption technology, which is currently included in versions 3 and higher of Microsoft Internet Explorer® and Netscape Navigator®. Registration Requirements In order to obtain access to the non-public portions of the Website and certain Services, you must register with the site. Upon completion of registration, you will select a username and password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify COOKSGARDEN.COM in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the COOKSGARDEN.COM Services. The Cook's Garden is not responsible for any loss or damage arising from your failure to comply with the provisions of this section. Only authorized users are eligible to participate in certain Services offered on the Website. Trademark Information All trademarks are owned by and are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of The Cook's Garden or the owner of such marks. Website Content; Copyright This Website contains information, trademarks, service marks, logos, copyrights and other content ("Website Content") owned by The Cook's Garden and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used with permission of their respective owners. As between you and The Cook's Garden, The Cook's Garden is the sole owner of all Website Content. You may not download (other than caching) or save a copy of the Website Content or any portion thereof, for any purpose, except that you may print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on and are not removed from the printed or stored images of such screens. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Website Content, without the express prior permission of The Cook's Garden. Any other modification of Website Content or use of Website Content for any other purpose is a violation of the rights of The Cook's Garden or third parties. If you believe that any content on the Website has been copied in a way that constitutes copyright infringement, please notify The Cook's Garden. No License Granted Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of The Cook's Garden or third parties. User Content; Forums Information, data, text, music, sound, photographs, graphics, video, messages and other materials that you may post to the Website or supply to The Cook's Garden are collectively referred to as "User Content". By posting User Content on or through COOKSGARDEN.COM, you agree that you are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of, and that you, and not The Cook's Garden, are entirely responsible for, your User Content. By submitting or sending User Content to COOKSGARDEN.COM or otherwise making User Content available for display on or through the Website, you grant The Cook's Garden the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You also warrant that any "moral rights" in User Content have been waived. The Cook's Garden does not pre-screen, monitor, review or otherwise edit User Content posted, or otherwise made available, on or through the Website. However, The Cook's Garden reserves the right (but assumes no obligation) to, in its sole discretion, refuse, edit or remove any User Content that, in The Cook's Garden's sole discretion, is determined not to comply with these Terms and Conditions, is illegal or is otherwise undesirable, inappropriate, offensive or inaccurate. The Cook's Garden is not responsible for refusing, editing or removing any User Content or any failure to do so. You understand and agree that your use of the Services entitles The Cook's Garden to use, monitor and preserve copies of all User Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms and Conditions, assistance in responding to claims that User Content violates the rights of third parties, protection of the personal safety of any person or protection of the property rights of The Cook's Garden or any other person or entity. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF USER CONTENT. User Conduct You understand and agree that all information, data, User Content and other material provided in the Services is the responsibility of the person or entity providing such content. In the event that The Cook's Garden permits you to upload, post, email or otherwise transmit information for display on the Website, you will be responsible for all User Content that you upload, post, email or otherwise transmit using the Services. Likewise, you are responsible to respect third party rights with respect to all content that appears on the Website and not to download, email or otherwise transmit such content in violation of such third party rights. You may not upload, post, email or otherwise use the Website to transmit or store any User Content that: (i) infringes any patent, copyright, trademark, publicity, privacy or other proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another's privacy or hateful; (iii) victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters" or any other form of solicitation, except in those areas of the Website that are intended and designated for such purpose, provided that even in those areas, your User Content will comply in all respects with the provisions hereof; or (v) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or any other similarly destructive activity. You agree that, in connection with your use of the Website, you will not: (i) "stalk" or harm any other user or any other person or entity in any way; (ii) impersonate any person or entity, including, but not limited to, a The Cook's Garden officer, director or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Website; (iv) disrupt the normal flow of dialogue in a forum; (v) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (vi) "hack," infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website; (vii) use any data mining tools, robots or similar data gathering or extracting tools in connection with the Website; (viii) harvest, collect or store information about the users of this Website or the User Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website; or (ix) violate any applicable local, state, national or international law or regulation. No Resale Of Services You agree to use the Services solely for your own personal or internal business purposes and not to use or exploit any portion of the Website or the Services for commercial purposes not related to your business on COOKSGARDEN.COM. Linked Sites You may be able to link to third parties' websites ("Linked Sites") from COOKSGARDEN.COM. The Cook's Garden does not control and is not responsible for any Linked Sites, including without limitation, for the content, availability, advertising, products or other materials of such Linked Sites, or any additional links contained therein. These links do not imply The Cook's Garden's endorsement of or association with the Linked Sites. The Cook's Garden MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. You should be aware that your use of any Linked Site is subject to any terms and conditions, including privacy policies, applicable to that site. Privacy Policy We encourage you to read our Privacy Policy, which is incorporated by this reference into these Terms and Conditions. Click here to read our Privacy Policy. Disclaimer Of Warranties PRODUCTS OBTAINED THROUGH YOUR USE OF THE WEBSITE ARE PROVIDED WITH STANDARD PRODUCT WARRANTIES APPLICABLE TO SUCH PRODUCTS. [Verify.] THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, The Cook's Garden SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS OR OTHERWISE OF THE WEBSITE OR WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Cook's Garden MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE OR SERVICES IS TO CEASE TO USE THE WEBSITE OR SERVICES. Limitation Of Liability IN NO EVENT WILL The Cook's Garden, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY EXEMPLARY, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE THE WEBSITE, EVEN IF The Cook's Garden OR ITS REGISTERED AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Indemnification You agree to defend, indemnify and hold The Cook's Garden, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, settlements, costs and expenses relating thereto, including without limitation, reasonable legal and accounting fees, arising in any way from your use of the Website or the Services, any violation of these Terms and Conditions by you, or any User Content you post on or through the Website. The Cook's Garden shall provide notice to you promptly of such claim and shall reasonably cooperate with you, at your expense, in your defense of any such claim. General Practices Regarding Storage You understand and agree that The Cook's Garden may from time to time establish and revise practices and limitations concerning your use of the Services. You agree that The Cook's Garden shall have no liability for the deletion or failure to store any messages and other communications or other content maintained on the Website or transmitted using the Website or the Services. Termination of Registration You acknowledge and agree that The Cook's Garden may terminate your password and/or other access privileges and remove and discard any content without notice to you for any reason, including without limitation, if: (i) you do not use the Services for what The Cook's Garden, in its sole discretion, deems to be an extended period of time; (ii) The Cook's Garden believes that you have violated any of these Terms and Conditions, (iii) you have otherwise acted or failed to act in any manner that The Cook's Garden deems objectionable. You agree that any termination of your access to the Website or the Services shall not result in any liability or other obligation of The Cook's Garden to you or any third party in connection with such termination. Applicable Laws; Jurisdiction The Cook's Garden controls and operates this Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws. The laws of the state of South Carolina, excluding its conflicts-of-law rules, shall govern these Terms and Conditions and your use of the Website. Any claim or dispute with The Cook's Garden or relating in any way to your use of the Website resides exclusively in the courts of the state of South Carolina, and you agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of South Carolina, in connection with any such dispute. Changes To Terms And Conditions The Cook's Garden may change these Terms and Conditions from time to time and at any time, [with or without actual notice to you.] All such changes to these Terms and Conditions will appear on this page of the Website. By using the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to these Terms and Conditions. Miscellaneous These Terms and Conditions constitute the entire agreement between you and The Cook's Garden and govern your use of the Website and the Services. You also may be subject to additional terms and conditions that may apply when you use third party content or services. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of The Cook's Garden to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of these Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement. Effective as of: 12,04, 2000 |
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