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Terms of Use
PLEASE
READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT")
VERY CAREFULLY. BY VISITING, BROWSING, ACCESSING OR OTHERWISE
USING THIS WEB SITE (THE "SITE") OPERATED BY YOUR
PERSONAL CHEF, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About
This Legal Contract
You agree to this User
Agreement, and all of its terms and conditions by visiting,
browsing, accessing or otherwise using the Site. These terms
and conditions are subject to change without prior notice
at any time, at Your Personal Chef's sole discretion. By visiting,
browsing, accessing or otherwise using the Site after a change
has been posted to the Site, the Customer accepts that change.
Customers should check this User Agreement and the Privacy
Statement frequently.
Acceptance
of Contract Terms
This User Agreement,
and all of its terms and conditions, constitutes a legal contract
between you and YOUR PERSONAL CHEF. (References to "you"
or "your" shall relate to a customer of YOUR PERSONAL
CHEF or other party that visits, browses, accesses or otherwise
uses the Site (the "Customer"); references to "YOUR
PERSONAL CHEF" shall relate to YOUR PERSONAL CHEF and
its affiliates.) By visiting, browsing, accessing or otherwise
using this site ("Site"), you acknowledge that you
have read, understood, and agree to be bound by this User
Agreement and comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed
by YOUR PERSONAL CHEF from time to time, do not use this Site.
The material provided on this Site is protected by law, including,
but not limited to, United States copyright law and international
treaties. This Site is controlled and operated by YOUR PERSONAL
CHEF from its offices within the United States. YOUR PERSONAL
CHEF makes no representation that materials in the Site are
appropriate or available for use in other locations, and access
to them from territories where their contents are illegal
is not authorized. Those who choose to access this Site from
other locations do so on their own initiative and are responsible
for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of the state of Ohio
without regard to conflict of law rules. You consent to jurisdiction
of the federal and state courts located in Hamilton County
to hear any such claims.
Access,
Interference and Linking
YOUR PERSONAL CHEF grants you a limited license to access
and make personal use of the Site and not to download (other
than page caching) or modify it, or any portion of it, except
as provided below under "Use Restrictions," or with
express written consent of YOUR PERSONAL CHEF.
The following activity on the Site is expressly prohibited:
Any non-personal or commercial use of any robot, spider, other
automatic device, or manual process to monitor or copy portions
of the Site or the content contained herein without prior
written permission by YOUR PERSONAL CHEF; collection or use
of any product listings, descriptions, or prices, from the
Site for the benefit of another merchant that supplies products
competitive with or comparable to those offered on the Site;
and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site,
or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by YOUR
PERSONAL CHEF. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of the Site so
long as the link does not portray YOUR PERSONAL CHEF, its
affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use
any YOUR PERSONAL CHEF logo or other proprietary graphic or
trademark as part of the link without express written permission.
YOUR PERSONAL CHEF does not review or control third-party
sites that link to or from the Site, and is not responsible
for the contents of any third-party sites linked to or from
the Site.
Use
Restrictions
The
copyright in all material provided on this Site is held by
YOUR PERSONAL CHEF or by the original creator of the material.
Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including,
but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission
of YOUR PERSONAL CHEF or the copyright owner. Permission is
granted to display, copy, distribute and download the materials
on this Site for personal, non-commercial use only, provided
you do not modify the materials and that you retain all copyright
and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any
of these terms or conditions. Upon termination, you must immediately
destroy any downloaded or printed materials. You also may
not, without YOUR PERSONAL CHEF's prior written permission,
"mirror" any material contained on this Site on
any other server. Any unauthorized use of any material contained
on this Site may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations
and statutes.
All trademarks and registered trademarks are the sole property
of their respective owners. Photographs courtesy of respective
manufacturers.
Microsoft and the Passport Logo are either registered trademarks
or trademarks of Microsoft Corporation in the United States
and/or other countries and are used under license from Microsoft.
Limitation
of Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL YOUR PERSONAL
CHEF BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS
OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY
TO USE, THE MATERIALS ON THIS SITE, EVEN IF YOUR PERSONAL
CHEF OR A YOUR PERSONAL CHEF AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY
COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using
the information therein available and/or by purchasing any
products or services made available through this Site, you
agree with YOUR PERSONAL CHEF, its service providers, agents,
employees, successors, assigns, affiliates, parents, subsidiaries
and any content provider or offeror of goods or services on
this Site or through any other associated activity, that ANY
CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR
DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR
ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR
OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the rules for on-line arbitration of the
American Arbitration Association which are available at www.adr.org.
Notwithstanding any choice of law provision included in this
User Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. 1-16) and the New York Convention
on the Enforcement of Arbitration Awards (9 U.S.C. 201-208
or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the
Code and if any in-person hearing is required, it shall be
held in Cincinnati, OH. Each party shall bear its own cost
of any legal representation, discovery, or research required
to complete arbitration.
Communications
to YOUR PERSONAL CHEF
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated
as, non-confidential and non-proprietary. Anything you transmit
or post may be used by YOUR PERSONAL CHEF for any purpose,
including but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, YOUR PERSONAL
CHEF is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to YOUR PERSONAL CHEF
or the Site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products
using such information.
Copyright
Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact:
Your Personal Chef
Cincinnati, OH
Telephone: (513) 520-7944
E-mail: chef@yourpersonalchefjrk.com
Disagreement
with These Terms and Conditions
If you disagree with
any of the terms and conditions of this User Agreement, please
do not visit, browse, access or otherwise use this Site.
Access and Interference
YOUR PERSONAL CHEF
expressly prohibits: Any non-personal or commercial use of
any robot, spider, other automatic device, or manual process
to monitor or copy YOUR PERSONAL CHEF Web pages or the content
contained herein without prior written permission by YOUR
PERSONAL CHEF; Collection or use of any product listings,
descriptions, or prices, from the YOUR PERSONAL CHEF Website
for the benefit of another merchant that supplies products
competitive with or comparable to those offered on the YOUR
PERSONAL CHEF Website; and, Any use of, visits to, or other
action that imposes an unreasonable or disproportionately
large load on the YOUR PERSONAL CHEF Website, or otherwise
interferes with the proper and timely functioning of the YOUR
PERSONAL CHEF Website.
Internet
Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates,
terms and conditions.
56K
Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Note
All trademarks and registered trademarks are the sole property
of their respective owners. Photographs courtesy of respective
manufacturers. Microsoft and the Passport Logo are either
registered trademarks or trademarks of Microsoft Corporation
in the United States and/or other countries and are used under
license from Microsoft.
All Contents ©2006 Your Personal Chef, LLC
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