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| Cook of the Month Terms of Use: | |
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This Cook of the Month website and its associated BlackBerry® application, collectively known as COTM, Terms of Use Agreement (this "Agreement") is a legal agreement
between you and COTM ("Cook of the Month", "COTM", "we", "us" or "our") providing,
among other things, the terms and conditions for your use of COTMS's basic and/or subscription services collectively, the "COTM Services"),
including our Web sites; http://www.cookofthemonth.com, http://www.ioamc.com, http:://www.cotm.ws and any related sites collectively,
(the "Sites").
We may from time to time modify these Terms of Use and will post a copy of the amended Agreement here: Terms of Use. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the COTM Services or, if applicable, cancel your COTM Services subscription. You will be deemed to have accepted the Agreement as it may be amended from time to time if you continue to use any of the COTM Services after any amendments are posted on the Site. You are solely and entirely responsible for maintaining the confidentiality of your password, and for any and all activities that occur with your account. If you believe someone has accessed any of the COTM Services using your user name and password without your authorization, it is your responsibility to set up a new password. To do this, go to the "Login In" page at https://www.cookofthemonth.com/login.asp, click the "Help! I lost my password and need to reset it." link, and follow the instructions. COTM will not be responsible for any losses arising out of the unauthorized use of your user name, password and/or account, and you agree to indemnify and hold harmless COTM, its owners, partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same. If you own any network accessible device or mobile device, e.g. cell phones, PDA's, netbooks, laptops, PCs, you agree that in connection with use of the Wi-Fi, Network or Internet capability therein that you accept the terms of service of any service provider of such Wi-Fi, network or Internet service. COTM will not be responsible for any losses or costs arising out of your use of any Wi-Fi, Internet or network service or your violation of any Wi-Fi terms of service. If you elect to use any of the instant messaging, text messaging, SMS, or other messaging features of the site, you agree that in connection with use of these features that you accept the terms of service of any service provider of such services. COTM will not be responsible for any losses or costs arising from your use of selecting COTM's messaging features including but not limited to the receipt of text messages sent to your device. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY COOKOFTHEMONTH.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. COOKOFTHEMONTH.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. COOKOFTHEMONTH.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM COOKOFTHEMONTH.COM AND COTM ARE FREE OF VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS AND COOKOFTHEMONTH.COM DISCLAIMS ANY LIABILITY RELATING THERETO. WITHOUT PRIOR NOTICE, COOKOFTHEMONTH.COM MAY MODIFY, SUSPEND, OR DISCONTINUE THE COTM SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER COOKOFTHEMONTH.COM ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE COTM SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. COOKOFTHEMONTH.COM AND ITS OWNERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE COTM SERVICES, OR ANY WI-FI, NETWORK OR INTERNET SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. COOKOFTHEMONTH.COM DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE COOKOFTHEMONTH.COM SERVICES. COOKOFTHEMONTH.COM WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE COTM SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT COOKOFTHEMONTH.COM ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES. INDEMNITY YOU WILL INDEMNIFY AND HOLD COOKOFTHEMONTH.COM, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE COTM SERVICES OR ANY WI-FI, NETWORK OR INTERNET SERVICE. Reverse Engineering You agree when using the COTM sites and/or using a COTM applications such as the Cook of the Month BlackBerry®-based application that you will not disassemble the application or use software or hardware development and debugging tools in an effort to reverse engineer the application. Third Parties Cookofthemonth.com or its business partners may present advertisements or promotional materials on or through the Site and the COTM Services. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Cookofthemonth.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site. The Site and the COTM Services may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site. Applicable Law and Assignment By visiting the Cook of the Month Site, related sites or using any of the COTM Services, you agree that the laws of the state of Iowa, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and cookofthemonth.com or its affiliates. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. Disputes Any dispute relating in any way to your visit to the COTM sites or to products or services you purchase or use through Cook of the Month shall be submitted to confidential arbitration in Iowa City, IA, except that, to the extent you have in any manner violated or threatened to violate cookofthemonth.com's intellectual property rights, cookofthemonth.com may seek injunctive or other appropriate relief in any state or federal court in the state of Iowa, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Our Address: Cookofthemonth.com 531 Woodridge Drive Iowa City, IA 52245 Last revision date: November 7th, 2009 BlackBerry®, RIM®, Research In Motion®, SureType®, SurePress™ and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world. Used under license from Research In Motion Limited. |
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