Your Cookware Helper . com
Effective Date: As of October 27, 2013
1. Acceptance of Terms
Although portions of the Lakeside Analytics. Inc. Network may be viewed simply by visiting the relevant web site, like www.YourCookwareHelper.com, hereinafter referred to as “Site,” in order to access additional services from Site you need to register with the Site and sign on as a member of the Lakeside Analytics, Inc. Network. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Lakeside Analytics, Inc. Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
2. Basic Terms
- You are responsible for your activity that occurs during your visit and under your screen name if you are a registered friend.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other Site users.
- You may not use the Site service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Site service.
- You must not modify, adapt, or hack Site or modify another website so as to falsely imply that it is associated with Site.
- You must not create or submit unwanted email to any Site members (“Spam”).
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Site account. While Lakeside Analytics, Inc. prohibits such conduct and content on its site, you understand and agree that Lakeside Analytics, Inc. and Site cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Site service at your own risk.
3. General Conditions
- We reserve the right to modify or terminate the Site service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- The Site service makes it possible to post images and text hosted on Site to outside websites. This use is accepted. However, pages on other websites which display data hosted on Site must provide a link back to Site.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
4. Notification of Claim of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Lakeside Analytics, Inc. for notice of claims of copyright or other intellectual property infringement (“Agent”), at firstname.lastname@example.org
Lakeside Analytics, Inc.
101 Spring Drive
Huddleston, VA. 24104
Please provide our Agent with the following Notice:
- Identify the material on the Lakeside Analytics, Inc. Site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Lakeside Analytics, Inc. will remove the infringing posting(s), article(s), and/or content subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Lakeside Analytics, Inc., YourCookwareHelper.com, Mark Jala, and all parties associated with the publication of Site, are not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Site, whether caused by Users of the Site Services or by any of the equipment or programming associated with or utilized in the Site Services and such Content does not necessarily reflect the opinions or policies of Site. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites. Site is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Site. Inclusion of any linked website on the Site Services does not imply approval or endorsement of the linked website by Site. When you access these third-party sites, you do so at your own risk. Site takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the Site Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. Site is not responsible for the conduct, whether online or offline, of any User of the Site Services. Site assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Site is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site Services. Under no circumstances shall Site be responsible for any loss or damage, including personal injury or death, resulting from use of the Site Services, from any Content posted on or through the Site Services, or from the conduct of any Users of the Site Services, whether online or offline. The Site Services are provided “AS-IS” and as available and Site expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Site cannot guarantee and does not promise any specific results from use of the Site Services.
6. Limitation on Liability
In no event shall Lakeside Analytics, Inc., Mark Jala, YourCookwareHelper.com, or any party involved in the development, creation, or publication of the site be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Site Services, even if Site has been advised of the possibility of such damages.
The Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You and Site agree to submit to the exclusive jurisdiction of the courts located within the Commonwealth of Virginia to resolve any dispute arising out of the Agreement or Site Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold Site, Lakeside Analytics, Inc., Mark Jala, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Site Services causes Site to be liable to another.
9. Promotional Messages
Site and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Site makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that Site, Mark Jala, Lakeside Analytics, Inc., nor such third party shall have any liability with respect thereto.
10. Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and all our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You also agree not to make any purchases for false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
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