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AGREEMENT
BETWEEN USER AND Your Secret Chefs, Inc.
The Your Secret Chefs, Inc. Web Site is comprised of
various Web pages operated by Your Secret Chefs, Inc..
The Your Secret Chefs, Inc. Web Site is offered to you
conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein.
Your use of the Your Secret Chefs, Inc. Web Site
constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF
USE
Your Secret Chefs, Inc. reserves the right to change
the terms, conditions, and notices under which the
Your Secret Chefs, Inc. Web Site is offered, including
but not limited to the charges associated with the use
of the Your Secret Chefs, Inc. Web Site.
LINKS TO THIRD PARTY SITES
The Your Secret Chefs, Inc. Web Site may contain links
to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Your Secret
Chefs, Inc. and Your Secret Chefs, Inc. is not
responsible for the contents of any Linked Site,
including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked
Site. Your Secret Chefs, Inc. is not responsible for
webcasting or any other form of transmission received
from any Linked Site. Your Secret Chefs, Inc. is
providing these links to you only as a convenience,
and the inclusion of any link does not imply
endorsement by Your Secret Chefs, Inc. of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Your Secret Chefs,
Inc. Web Site, you warrant to Your Secret Chefs, Inc.
that you will not use the Your Secret Chefs, Inc. Web
Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use
the Your Secret Chefs, Inc. Web Site in any manner
which could damage, disable, overburden, or impair the
Your Secret Chefs, Inc. Web Site or interfere with any
other party's use and enjoyment of the Your Secret
Chefs, Inc. Web Site. You may not obtain or attempt to
obtain any materials or information through any means
not intentionally made available or provided for
through the Your Secret Chefs, Inc. Web Sites.
USE OF COMMUNICATION SERVICES
The Your Secret Chefs, Inc. Web Site may contain
bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars,
and/or other message or communication facilities
designed to enable you to communicate with the public
at large or with a group (collectively,
"Communication Services"), you agree to use
the Communication Services only to post, send and
receive messages and material that are proper and
related to the particular Communication Service. By
way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic,
name, material or information.
- Upload files that contain software or other
material protected by intellectual property laws
(or by rights of privacy of publicity) unless you
own or control the rights thereto or have received
all necessary consents.
- Upload files that contain viruses, corrupted
files, or any other similar software or programs
that may damage the operation of another's
computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Service specifically allows such
messages.
- Conduct or forward surveys, contests, pyramid
schemes or chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably
should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal
or other proper notices or proprietary
designations or labels of the origin or source of
software or other material contained in a file
that is uploaded.
- Restrict or inhibit any other user from using
and enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their
consent.
- Violate any applicable laws or regulations.
Your Secret Chefs, Inc. has no obligation to monitor
the Communication Services. However, Your Secret
Chefs, Inc. reserves the right to review materials
posted to a Communication Service and to remove any
materials in its sole discretion. Your Secret Chefs,
Inc. reserves the right to terminate your access to
any or all of the Communication Services at any time
without notice for any reason whatsoever.
Your Secret Chefs, Inc. reserves the right at all
times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in
part, in Your Secret Chefs, Inc.'s sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your
children in any Communication Service. Your Secret
Chefs, Inc. does not control or endorse the content,
messages or information found in any Communication
Service and, therefore, Your Secret Chefs, Inc.
specifically disclaims any liability with regard to
the Communication Services and any actions resulting
from your participation in any Communication Service.
Managers and hosts are not authorized Your Secret
Chefs, Inc. spokespersons, and their views do not
necessarily reflect those of Your Secret Chefs, Inc..
Materials uploaded to a Communication Service may be
subject to posted limitations on usage, reproduction
and/or dissemination. You are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO Your
Secret Chefs, Inc. OR POSTED AT ANY Your Secret Chefs,
Inc. WEB SITE
Your Secret Chefs, Inc. does not claim ownership of
the materials you provide to Your Secret Chefs, Inc.
(including feedback and suggestions) or post, upload,
input or submit to any Your Secret Chefs, Inc. Web
Site or its associated services (collectively
"Submissions"). However, by posting,
uploading, inputting, providing or submitting your
Submission you are granting Your Secret Chefs, Inc.,
its affiliated companies and necessary sublicensees
permission to use your Submission in connection with
the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your
Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use
of your Submission, as provided herein. Your Secret
Chefs, Inc. is under no obligation to post or use any
Submission you may provide and may remove any
Submission at any time in Your Secret Chefs, Inc.'s
sole discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to
your Submission as described in this section
including, without limitation, all the rights
necessary for you to provide, post, upload, input or
submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE Your Secret
Chefs, Inc. WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Your Secret Chefs, Inc.
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE Your Secret Chefs, Inc. WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE Your Secret Chefs, Inc.
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
Your Secret Chefs, Inc. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE Your Secret Chefs, Inc. WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. Your Secret Chefs, Inc. AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL Your Secret Chefs, Inc. AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Your Secret Chefs, Inc. WEB SITE,
WITH THE DELAY OR INABILITY TO USE THE Your Secret
Chefs, Inc. WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Your Secret
Chefs, Inc. WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE Your Secret Chefs, Inc. WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF Your Secret Chefs, Inc. OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE Your Secret
Chefs, Inc. WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Your Secret Chefs, Inc. WEB SITE.
SERVICE CONTACT : jeff@yoursecretchefs.com
TERMINATION/ACCESS RESTRICTION
Your Secret Chefs, Inc. reserves the right, in its
sole discretion, to terminate your access to the Your
Secret Chefs, Inc. Web Site and the related services
or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in King
County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the Your Secret Chefs,
Inc. Web Site. Use of the Your Secret Chefs, Inc. Web
Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and
conditions, including without limitation this
paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists
between you and Your Secret Chefs, Inc. as a result of
this agreement or use of the Your Secret Chefs, Inc.
Web Site. Your Secret Chefs, Inc.'s performance of
this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in
derogation of Your Secret Chefs, Inc.'s right to
comply with governmental, court and law enforcement
requests or requirements relating to your use of the
Your Secret Chefs, Inc. Web Site or information
provided to or gathered by Your Secret Chefs, Inc.
with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid,
enforceable provision that most closely matches the
intent of the original provision and the remainder of
the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes
the entire agreement between the user and Your Secret
Chefs, Inc. with respect to the Your Secret Chefs,
Inc. Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Your
Secret Chefs, Inc. with respect to the Your Secret
Chefs, Inc. Web Site. A printed version of this
agreement and of any notice given in electronic form
shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions
as other business documents and records originally
generated and maintained in printed form. It is the
express wish to the parties that this agreement and
all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Your Secret Chefs, Inc. Web Site
are: Copyright 2002-2005 Your Secret Chefs, Inc.
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective
owners.
The example companies, organizations, products, people
and events depicted herein are fictitious. No
association with any real company, organization,
product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright
infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
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