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SendMeRecipes.com Terms & Conditions Service
Agreement
The Content and other information presented on the Sites are for educational purposes only. A health care professional does not intend it as a substitute for medical counseling. Before starting any diet or fitness program, consult your physician or other health care provider to determine if the diet and/or fitness programs is right for your needs. Do not start a diet or fitness program if your physician or health care provider advises against it. SendMeRecipes reserves the right to refuse or cancel your membership due to certain medical conditions. We also reserve the right to cancel your membership should you violate the terms and conditions of this Agreement and any other posted policy on the Sites. Memberships are non-transferable.
We will use reasonable efforts to include accurate and up-to-date Content and information on the Sites. From time-to-time we will include content and/or information provided by third parties. By clicking on certain links within the Sites, you may leave the SendMeRecipes Sites for another Web site ("Third Party Site") which SendMeRecipes neither owns nor controls. SendMeRecipes shall not be liable to you for your use of a Third Party Site.
At certain points in using the Sites, you will be asked to provide information to us. We collect two types of information from you, personally identifiable and non-personally identifiable. The personally identifiable information that we collect, includes but is not limited to, your first and last names, your street address (including the city, state and zip code), your telephone number and your credit card number. Non-personally identifiable information we collect includes, but is not limited to, your email address, your weight, your height, and your eating and fitness preferences.
We do not share, sell, rent, or lease your personally identifiable and non-personally identifiable information.
We will not request personally identifiable information, your user name and/or password nor credit card information via email. In the event that you receive any communication that purports to be from SendMeRecipes that seeks personally identifiable information, send that request by opening a ticket on our helpdesk at www.HelpForCustomers.com or by mail to the address stated below.
Any non-personally identifiable information, communications or material you send to us by any method is deemed by us to be non-confidential and you expressly license SendMeRecipes to use, reproduce, and create derivative works from information, communications or material. The Company reserves the right to use comments, testimonials and other statements made by you on our Sites including, but not limited to those you may post on our bulletin boards, in our chat rooms, in marketing and promotional materials. Any information, communications or material you send to us must be truthful, legal, and not violate any third party intellectual property or other rights. We reserve the right to change this Agreement and any other posted policy on the Sites or to withdraw, change or add products or services contained within our Sites at any time.
You agree to: (a) maintain all equipment necessary for your access to and use of the Sites; (b) maintain the security of your user identification, password and other confidential information relating to your SendMeRecipes account; (c) be responsible for all charges resulting from use of your SendMeRecipes account, including unauthorized use prior to your notifying SendMeRecipes of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) updating your personal information, including email address.
Affiliate Program Terms Details available at: http://sendmerecipes.com/affiliateterms.html
Cancellation Policy You may cancel at any time during your membership. Your membership will automatically renew at the conclusion of your Initial Subscription Period (ISP) (e.g., monthly, quarterly, or yearly subscription). After the ISP, you remain financially responsible for your membership fee until we receive notice of cancellation. Cancellations do not become effective until the starting date of the member's next membership period. Cancellations are not retroactive. If you cancel your membership after your membership period has begun, you will not be entitled to a refund for that membership period. A membership period begins on the calendar date (e.g., December 15th) you became a member of SendMeRecipes and concludes on the day before that calendar date (e.g., January 14th) of the following period.
You may cancel your membership as follows: By email: open a help desk ticket at www.HelpForCustomers.com. In the text of the body of your email state your first and last name, user name, and intent to cancel. We will not open your email if it contains an attachment. By mail: mail your letter to SendMeRecipes.com, PO Box 670361 Kew Gardens Hills, NY 11367 Att: Member Services. Include your first and last name, user name, email address, and your intent to cancel.
Refund Policy Due to the nature of our business, there are no refunds. Once a member joins SMR they have access to an incredible wealth of information, software and premium content. The total retail value of all this access would be into the many thousands. What you read, watch or download is completely up to you. For privacy reasons we don’t monitor what you read or download and have no idea if you have received $10 or $1,000 worth of information. For this reason we have a strict "No Refunds" policy on membership fees. Thank you for your cooperation and understanding. You agree that neither SendMeRecipes.com, Inc., nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers ("Released Parties"), shall have any liability to you under any theory of liability or indemnity in connection with your use of the Sites. You further agree to hereby and forever release and waive any and all claims you may have against any Released Parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys fees and associated costs and expenses) arising from your use of the Sites. Notwithstanding the foregoing, our total liability to you by any Release Party shall not exceed the fees paid by you to us during your membership with us. In addition, should your claim arise from a purchase made on or through our store, our total damages shall not exceed the cost of the product or service purchased (less shipping and handling). No representations or warranties of any kind, whether express or implied, fitness for a particular purpose, or merchantability are made by us regarding the Sites. We will not be liable to you for any damages, including, direct or indirect, special, incidental, consequential or punitive damages even if we have been advised of the possibility of such damages. Void where prohibited by law.
SendMeRecipes may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites or by first class U. S. Mail to the street address provided by you at the time you become a member. SendMeRecipes will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email. You may give notice to us electronically (www.helpforcustomers.com), by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:
SendMeRecipes.com
Limited Warranty
Terms
Of Service And BigOven’s Recipe Software, End User License Agreement
IMPORTANT -- READ CAREFULLY BEFORE INSTALLING AND/OR USING THIS SOFTWARE: You may install only ONE copy of the Software. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PLEASE CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE. YOUR INSTALLATION AND/OR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. AFTER YOU HAVE READ THE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, PLEASE CLICK ON THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE TO CONTINUE YOUR INSTALLATION OF THE SOFTWARE. YOU MUST AGREE TO THE TERMS OF THE LICENSE AGREEMENT, BY CLICKING THE "ACCEPT" BUTTON BELOW, IN ORDER TO USE THE SOFTWARE.
END
USER LICENSE AGREEMENT
2.
GRANT OF LICENSE. The Company hereby
grants to you a non-exclusive license to use the Software, subject to
the following terms:
2.LICENSE RESTRICTIONS.
3. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in the Company. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
4.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
5. INDEMNIFICATION. You agree to hold harmless, indemnify and defend the Company, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims in relation to your use and installation of this software. THE COMPANY CANNOT BE HELD LIABLE FOR THE RESULTS OF ANY EXERCISE PROGRAM CREATED WITH THE SOFTWARE, AND ANY EXERCISE PROGRAM SHOULD ALWAYS BE FOLLOWED WITH THE ADVICE OF A PHYSICIAN.
6. TERMINATION. This License Agreement will automatically terminate if you fail to comply with any provision of this Agreement. No notice shall be required from the Company to effect such termination. You may also terminate this License Agreement at any time by notifying the Company in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software and shall certify destruction of all full or partial copies of the Software, including the documentation and any related materials provided by the Company. Your obligation to pay any accrued charges and membership fees that may be owed to the Company shall survive any termination of this License Agreement.
7. NO ASSIGNMENT BY LICENSEE. This Agreement is personal to you, and may not be assigned without the Company's express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If the Company does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, the Company may terminate this Agreement on thirty (30) days' written notice. Both parties shall perform under this Agreement until such termination is effective. The Company may assign this Agreement at its sole discretion.
8. EXPORT RESTRICTIONS. You are responsible for complying with all trade regulations and laws both foreign and domestic. You agree that you will not export or re-export the Software (or portions thereof) to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the Software (or portions thereof): (i) to any country subject to a U.S. embargo or trade restriction; (ii) to any person or entity who you know or have reason to know will utilize the Software (or a portions thereof) in the production of nuclear, chemical, or biological weapons; or (iii) to any person or entity who has been denied export privileges by the U.S. government. By downloading and/or using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
9. MISCELLANEOUS. This License Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any written instrument submitted by you, whether formally rejected by the Company or not. The acceptance of any written instrument submitted by you is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this License Agreement may not be modified except in a writing duly signed by you and an authorized representative of the Company. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This License Agreement shall be governed by the laws of the State of New York, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of New York. Any and all unresolved disputes relating in any way to, or arising out of, your use of the Software or this License Agreement shall be submitted to such courts in the State of New York. However, if a judgment of the state and/or federal courts in the State of New York would be unenforceable against you for any reason, any unresolved dispute relating in any way to, or arising out of, your use of the Software or this License Agreement shall be submitted to arbitration in the State of New York. Any arbitration of a dispute 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. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
10. CONTACT INFORMATION. Should you have any questions concerning this Agreement, or if you desire to contact the Company for any reason, you may write to:
SendMeRecipes.com PO Box 670361 Kew Gardens Hills, NY 11367.
Updated: May 21, 2008 |
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