Terms of Service
These Terms and Conditions of Use ("Agreement") is a legal agreement between you and My Gourmet Creations, LLC (hereinafter referred to as "Website Owner"), the owner and developer of Slow Cooker Gourmet. By registering for any service provided on Slow Cooker Gourmet you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY Slow Cooker Gourmet SERVICE. The Terms are subject to change at any time, effective upon notice to you.
BY REGISTERING FOR THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO SLOWCOOKERGOURMET.COM. SLOW COOKER GOURMET RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PROVIDED BY THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS WEBSITE FOR ANY PURPOSE.
1. Limitations of Liability and Indemnification. By using any services provided by Slow Cooker Gourmet, you agree that in no event will Slow Cooker Gourmet, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by Slow Cooker Gourmet or Website Owner shall be a return of any fees paid to Slow Cooker Gourmet or Website Owner, limited to the period at issue, for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Slow Cooker Gourmet, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Slow Cooker Gourmet, including any breach by you of the Terms contained in this Agreement.
2. Responsibility for Use of Website. Slow Cooker Gourmet shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of Slow Cooker Gourmet comment section and social media groups, and the release of any personal information that could, directly or indirectly, flow from such use. You may not rely on any Content created by other Slow Cooker Gourmet members or otherwise created, distributed and displayed on any part of the Service. Slow Cooker Gourmet is not responsible to control or monitor the Content posted via the Service by users and, as such, does not guarantee the accuracy, integrity or quality of such Content. In order to remain a member, you agree not to abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others; not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, (b) anything that advertises any commercial endeavor or otherwise engages in any commercial activity; (c) solicits funds, advertisers or sponsors for any purpose, or (d) other disruptive communications;
3. Warning re: Offensive Information. It is possible that other Slow Cooker Gourmet clients will post obscene or offensive materials on the site. It is also possible that others may use messaging apps through social media accounts, or viewing your social media account profile, but in any event through means outside the control of Slow Cooker Gourmet, and may gain access to personal information about you. Slow Cooker Gourmet, Website Owner, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
4. Right to Monitor. Slow Cooker Gourmet and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
5. Responsibility for User Name. You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Slow Cooker Gourmet immediately. It is up to you to maintain the confidentiality of your password and account. Slow Cooker Gourmet is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement.
6. Confidentiality. It is agreed that all personal information given to Slow Cooker Gourmet or Website Owner, will be kept confidential by Slow Cooker Gourmet and Website Owner, with the following exceptions: (1) you actively chose to post your personal information for others to see; (2) you send a message to another user, which may disclose personal information to that user or (3) you have harassed another person via any service or group provided by Slow Cooker Gourmet, in which case the confidentiality clause contained in this Agreement is rendered null and void. Further, Slow Cooker Gourmet reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Slow Cooker Gourmet reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Slow Cooker Gourmet to disclose the identity of anyone posting any Content, or publishing or otherwise making available any materials that are believed to violate the TOS.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD SLOW COOKER GOURMET HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SLOW COOKER GOURMET DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SLOW COOKER GOURMET OR LAW ENFORCEMENT AUTHORITIES.
7. Advertisements. As a user of the Service you also understand and agree that the Service may also include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and thus you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Slow Cooker Gourmet shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
8. Sharing information. Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service. Slow Cooker Gourmet shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless and indemnify Slow Cooker Gourmet with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Slow Cooker Gourmet will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same.
9. External Links. The Service may provide, or third parties including Slow Cooker Gourmet members, may provide links to other World Wide Websites or resources, which are not maintained by, or related to Slow Cooker Gourmet. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated Slow Cooker Gourmet. Slow Cooker Gourmet has no control over these sites and Content and makes no representations or warranties about the content, completeness, quality or accuracy of any such website. Therefore, you acknowledge and agree that Slow Cooker Gourmet is not responsible for the availability of such links, resources and Content, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Slow Cooker Gourmet is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
10. Modification and Termination of the Service. Slow Cooker Gourmet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Slow Cooker Gourmet will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
11. Ownership, Copyrights, Trademarks, Licenses. Slow Cooker Gourmet and Website Owner own and retain all proprietary rights to the Slow Cooker Gourmet service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Slow Cooker Gourmet and Website Owner. By posting information to Slow Cooker Gourmet and Website Owner you represent that you have the right to grant permission for use by Slow Cooker Gourmet and Website Owner.
12. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Kansas, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the District of Kansas, and you hereby consent to the jurisdiction of any such court.
13. Arbitration. Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the [American Arbitration Association] in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of [one (1) or three (3)] arbitrators sitting in [insert state, (specify county)]. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of [insert state]. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 1 of this Agreement, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
14. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
15. Entire Agreement. This Agreement constitutes your entire Agreement with Slow Cooker Gourmet and Website Owner with respect to any services.
16. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.