Read This Terms of
Use Agreement Before Accessing Website.
Effective Date:
This
Terms of Use Agreement was last updated on April 1, 2009.
This Terms of Use Agreement sets forth the standards of use
of the Cumin Blanc LLC dba FoodiesLikeUs.comOnline Service. By using the
FoodiesLikeUs.com website you (the “Subscriber”) agree to these terms and
conditions. If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We reserve the right,
at any time, to modify, alter, or update the terms and conditions of this
agreement without prior notice.
Modifications
shall become
effective immediately upon being posted
at [Insert Name of Company/Website Address].com website.
Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this paragraph, this
Agreement may not be amended.
1.
Description of Service
Cumin Blanc LLC dba
FoodiesLikeUs.com is providing Subscriber with online access to their website.
Subscriber must provide (1)
all
equipment necessary for their own Internet connection, including computer and
modem and (2) provide for Subscriber’s access to the Internet, and (3) pay any
fees relate with such connection.
2.
Disclaimer of
Warranties.
The site is provided by Cumin
Blanc LLC dba FoodiesLikeUs.com on an “as is” and on an “as available”
basis.
To the fullest extent permitted
by applicable law, Cumin Blanc LLC dba FoodiesLikeUs.com makes no
representations or warranties of any kind, express or implied, regarding the
use or the results of this web site in terms of its correctness, accuracy,
reliability, or otherwise.
Cumin Blanc
LLC dba FoodiesLikeUs.com shall have no liability for any interruptions in the
use of this Website.
Cumin Blanc LLC dba
FoodiesLikeUs.com disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied warranties, therefore
the above-referenced exclusion is inapplicable.
3.
Limitation
of Liability
Cumin
Blanc LLC dba FoodiesLikeUs.com SHALL NOT
be liable for any damages whatsoever, and in
particular Cumin Blanc LLC dba FoodiesLikeUs.com shall not be liable for any special,
indirect, consequential, or incidental damages, or damages for lost profits,
loss of revenue, or loss of use, arising out of or related to this web site or
the information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if Cumin
Blanc LLC dba FoodiesLikeUs.com has been advised of the possibility of such
damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Subscriber agrees to indemnify and hold Cumin Blanc LLC dba
FoodiesLikeUs.com, its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including reasonable attorneys’
fees and costs, made by any third party due to or arising out of Subscriber’s
use of the Service, the violation of this Agreement, or infringement by
Subscriber, or other user of the Service using Subscriber’s computer, of any
intellectual property or any other right of any person or entity.
5.
Modifications
and Interruption to Service
Cumin Blanc LLC dba FoodiesLikeUs.com reserves the right to
modify or discontinue the Service with or without notice to the Subscriber. Cumin
Blanc LLC dba FoodiesLikeUs.com shall not be liable to Subscriber or any third
party should Cumin Blanc LLC dba FoodiesLikeUs.com exercise its right to modify
or discontinue the Service. Subscriber acknowledges and accepts that Cumin
Blanc LLC dba FoodiesLikeUs.com does not guarantee continuous, uninterrupted or
secure access to our website and operation of our website may be interfered
with or adversely affected by numerous factors or circumstances outside of our
control.
6.
Third-Party
Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third parties.
You acknowledge that we are not responsible
for the availability of, or the content located on or through, any third-party
site.
You should contact the site
administrator or webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites.
Your use of those third-party sites is
subject to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Subscribers to review said privacy
policies of third-parties’ sites.
7.
Disclaimer
Regarding Accuracy of Vendor Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly available sources.
While Cumin Blanc LLC dba FoodiesLikeUs.com
makes every effort to ensure that the information on this website is accurate,
we can make no representations or warranties as to the accuracy or reliability
of any information provided on this website.
Cumin Blanc LLC dba FoodiesLikeUs.com makes no warranties or
representations whatsoever with regard to any product provided or offered by
any Vendor, and you acknowledge that any reliance on representations and
warranties provided by any Vendor shall be at your own risk.
8.
Governing
Jurisdiction of the Courts Arizona
Our website is operated and provided in the State of
Arizona.
As such, we are subject to the
laws of the State Arizona, and such laws will govern this Terms of Use, without
giving effect to any choice of law rules.
We make no representation that our website or other services are
appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site
you agree to do so subject to the internal laws of the State Arizona.
9.
Compliance
with Laws.
Subscriber assumes all knowledge of applicable law and is
responsible for compliance with any such laws.
Subscriber may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government
requirements. Subscriber further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national, or
international law or regulation.
Cumin Blanc LLC dba FoodiesLikeUs.com™ and Cumin Blanc LLC
dba FoodiesLikeUs.com.com™ are proprietary marks of Cumin Blanc LLC dba
FoodiesLikeUs.com.com.
Cumin Blanc LLC
dba FoodiesLikeUs.com’s trademarks may not be used in connection with any
product or service that is not provided by Cumin Blanc LLC dba
FoodiesLikeUs.com, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Cumin Blanc LLC dba
FoodiesLikeUs.com.
All other trademarks displayed on Cumin
Blanc LLC dba FoodiesLikeUs.com’s website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors.
In addition, such use
of trademarks or links to the web sites of Vendors is not intended to imply, directly
or indirectly, that those Vendors endorse or have any affiliation with Cumin
Blanc LLC dba FoodiesLikeUs.com.
11.
Notification
of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, Cumin Blanc LLC dba
FoodiesLikeUs.com.com designates the following individual as its agent for
receipt of notifications of claimed copyright infringement.
By Mail
7135 E Camelback Rd Ste 230
Scottsdale AZ 85251
By Telephone: 888-424-4241
By Email: info@foodieslikeus.com
12.
Botnets
Cumin Blanc LLC dba FoodiesLikeUs.com retains the right, at
our sole discretion, to terminate any accounts involved with botnets and
related activities. If any hostnames are used as command and control points for
botnets, Cumin Blanc LLC dba FoodiesLikeUs.com reserves the right to direct the
involved hostnames to a honeypot, loopback address, logging facility, or any
other destination at our discretion.
13.
Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent.
You agree that this Terms of Use Agreement
and any other agreements referenced herein may be assigned by Cumin Blanc LLC
dba FoodiesLikeUs.com, in our sole discretion, to a third party in the event of
a merger or acquisition.
This Terms of
Use Agreement shall apply in addition to, and shall not be superseded by, any
other written agreement between us in relation to your participation as a
Subscriber.
Subscriber agrees that by
accepting this Terms of Use Agreement, Subscriber is consenting to the use and
disclosure of their personally identifiable information and other practices
described in our Privacy Policy Statement.
