Terms and Conditions Of Use

1. Acceptance of Terms: Welcome to Cook's Choice Inc. By using our Website you agree to be bound by these “Terms of Use.”

2. Definitions: In these Terms of Use: “Website” means the website associated with the domain name www.cookschoice.com. “The Services” means all the services offered in conjunction with the Website.

3. Description of Services: Cook’s Choice Inc. provides a wide range of Services including but not limited to access to information on, blogs, comments and user account services. Any new features added to the Services will also be subject to these Terms of Use, as they may be occasionally modified. Please review these Terms of Use from time to time so that you will be aware of any changes.

Although we will attempt to notify our users of significant changes to the Services or Terms of Use, we may modify the Services or Terms of Use for any reason, and without notice. We may also terminate the Services with or without notice, and without liability to you, any other user, or any third party.

4. Your Obligations: You are responsible for obtaining access to the Website and for paying any fees involved in obtaining that access (such as Internet service provider or airtime charges and the cost of the equipment you use to access the Website).

As a user of the Services, you agree to not use the Services to:

A. post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

B. harm minors in any way;

C. impersonate any person or entity, including, but not limited to, an official of Cook’s Choice Inc., or falsely state or otherwise misrepresent your affiliation with a person or entity;

D. disguise the origin of any material posted on or transmitted by Cook’s Choice Inc.;

E. post, transmit or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

F. post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

G. post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

H. “stalk” or otherwise harass another; or

I. collect or store personal data about other users.

5. Privacy Policy: Registration Data (as defined below) and any other information we collect about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at http://cookschoice.com/content/8-privacy-policy

6. Member Account, Password and Security: If you create an account on the Website, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (your “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) immediately notify Cook’s Choice Inc. of any unauthorized use of your password or account or any other breach of security; and (d) ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cook’s Choice Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cook’s Choice Inc. has the right to suspend or terminate your account and refuse your use of the Services. Your Registration Data will be kept confidential as provided in our Privacy Policy.

7. Services and Information Provided “As Is.” You understand and agree that the Services are provided “As Is” and that Cook’s Choice Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, information, or configuration.

8. Cook’s Choice Inc. Intellectual Property: Cook’s Choice Inc. (or its licensor) is the owner of all Website content —graphics, text, trademarks and other elements—including all copyrights, trademark rights and other intellectual property rights embodied therein. Cook’s Choice Inc. content and other materials may not be used, reproduced, distributed, displayed, reprinted or retransmitted in whole or in part without the express written consent of Cook’s Choice Inc.

9. Termination: You agree that Cook’s Choice Inc., in its sole discretion, may terminate your password, account and remove and discard any material available on or stored by Cook’s Choice Inc. (including User Content), for any reason, including, but not limited to, lack of use or actions inconsistent with the Terms of Use. Cook’s Choice Inc. may also, in its sole discretion and at any time and for any reason, discontinue providing the Services, or any part thereof, with or without notice. You agree that upon termination Cook’s Choice Inc. may immediately deactivate or delete your account and all related information and files in your account including User Content and/or bar any further access to such files or the Services. Further, you agree that Cook’s Choice Inc. shall not be liable to you or any third party for any termination of your access to the Services.

10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

COOK’S CHOICE INC. MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COOK’S CHOICE INC. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

11. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COOK’S CHOICE INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COOK’S CHOICE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

12. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.

General Contract Provisions. The Terms of Use constitute the entire agreement between you and Cook’s Choice Inc. and govern your use of the Services, superseding any prior agreements between you and Cook’s Choice Inc. The Terms of Use and the relationship between you and Cook’s Choice Inc. shall be governed by the laws of the State of Texas. The failure of Cook’s Choice Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision or any other right or provision. If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and that the other provisions of the Terms of Use remain in effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.