Terms of Service
Your Own Cookbook, a division of
Karow Associates, Inc.
2208 East Baltimore Street
Baltimore MD 21231
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF OUR WEB SITE AND OUR SERVICES.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.
Eligible Users. The Services are available only to individuals and legal entities that can form legally binding contracts under applicable law. By using any of the Services, you expressly represent that you have the capacity under applicable law to enter into a legally binding contract. You and Your Own Cookbook are independent contractors, and no agency, partnership, joint venture, or employee-employer/franchiser-franchisee relationship is intended or created by this Agreement.
Login ID and Account Password(s). If applicable, you will be able to access certain portions of this Site only as a registered user of the Services. As a registered user of the Services, you will receive or establish one password and account. Maintaining the confidentiality and security of your password and account is solely your responsibility. You are entirely responsible for all activities that occur on or through your account(s). You agree that Your Own Cookbook will not be responsible for any losses incurred in connection with any misuse of passwords. Notify Your Own Cookbook immediately if your password has been stolen or its security has been otherwise compromised.
Individual Use. You agree that you are only authorized to visit, view and to retain a single copy of pages of this Site solely for your own individual use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless otherwise specifically authorized by Your Own Cookbook.
Deep Links. You shall not "deep-link" to this Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of this Site for any purpose, unless specifically authorized by Your Own Cookbook to do so.
Framing and In-lining. You shall not frame or in-line (framing without a border around the framed content) this Site, meaning that you will not display the contents of this Site on another web page without Your Own Cookbook's express permission
Security. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the Services.
Intellectual Property. This Site, including, without limitation, all content and software related to the Site and the Services is the property of Your Own Cookbook or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Your Own Cookbook and protected by United States and international copyright laws. The Your Own Cookbook logo, and all other trademarks, service marks, and trade names of Your Own Cookbook appearing on this Site are owned by Your Own Cookbook ("Trademarks"). You may not use the Trademarks without the prior written consent of Your Own Cookbook and Trademarks may not be used in a manner that is likely to cause confusion, or in any manner that disparages or discredits Your Own Cookbook. All other trademarks, product or service names, brand names, company names and/or logos that may appear on this Site are the property of their respective owners.
Unacceptable Use of the Site. You shall not restrict or inhibit any other user from using and enjoying the Services. You shall not use the Services to: (i) engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability; (ii) distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind; (iii) spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; (iv) violate or attempt to violate, the security of the Services; or (v) assist or permit any persons in engaging in any of the activities described above. We reserve the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any of the Services.
Warranty Disclaimer. YOUR ACCESS AND USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. YOUR OWN COOKBOOK DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, Your Own Cookbook DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Your Own Cookbook SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOUR OWN COOKBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Your Own Cookbook FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold harmless Your Own Cookbook from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to: (i) your activities on the Site or your use of (or inability to use) the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services. This indemnity shall be in addition to and not limited by any other indemnity.
Applicable Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard for principles of conflict of laws. Subject to the dispute resolution terms above, any legal action or proceeding between Your Own Cookbook and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Howard County, Maryland.
Dispute Resolution. Except with respect to violations of Your Own Cookbook's intellectual property or proprietary rights, and except with respect to suits brought against Your Own Cookbook by third parties, you acknowledge and agree that any dispute involving Your Own Cookbook shall be settled by arbitration in the State of Maryland in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that Your Own Cookbook may seek interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of Your Own Cookbook pending the completion of arbitration.
General. No delay or failure to take action under such terms and conditions will constitute a waiver by Your Own Cookbook. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court shall endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect. Any cause of action brought against Your Own Cookbook arising out of this Agreement or the Services must commence within one (1) year after the cause of action arose.
Your Own Cookbook Reserves the Right to Revise this Agreement. Your Own Cookbook reserves the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as "Additional Terms") shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to this Site. Your continued use of the Services following such notice shall be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
Your Own Cookbook May Revise or Terminate Any Part of the Services at Any Time. Your Own Cookbook reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the Services, with or without notice and at its sole discretion. You agree that neither Your Own Cookbook, its partners or affiliates shall be liable to you for any modification, suspension or discontinuance of any Services. Your Own Cookbook may, in its sole discretion, refuse or restrict anyone from access to any or all of the Services at any time.
Termination. If you no longer agree to the terms and conditions of this Agreement, please notify Your Own Cookbook by sending an email stating your desire to withdraw from this Agreement to Your Own Cookbook at info(at)YourOwnCookbook.com. This Agreement will continue to apply to all past use of the Services by you, even if you are no longer using them.
Notices. Your Own Cookbook may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. Mail to your address you provide to Your Own Cookbook at registration. You may give notice to Your Own Cookbook (except for claims of intellectual property infringement for which you may give notice at Copyright Notice and Procedure) anytime via electronic mail to Your Own Cookbook info(at)YourOwnCookbook.com.