COOK SMARTS, LLC
TERMS OF SERVICE & SUBSCRIPTION AGREEMENT
LAST UPDATED: APRIL 13, 2015
By using our website, you agree to these Terms and Conditions (“Terms”). We reserve the right to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for any updates or changes. By using our website after we post any changes to the Terms, you agree to accept those changes, whether or not you have reviewed them.
The Terms are a contract between you, the user, and Cook Smarts, LLC (“we,” “us,” “the company”). We operate the Cook Smarts website, www.cooksmarts.com and other related products and services. By using our website or any of our other services, you are agreeing to be bound by these Terms. If you don’t agree to some or all of these Terms, your only remedy is to not use our website and services (but why wouldn’t you want to – have you tried our grilled veggie panini recipe? To die for!). If you violate any of the Terms (which sounds harsh, we agree, but lawyers can be real sticklers), we will terminate your right to use our website and services. We reserve the right to refuse service to anyone for any reason at any time.
Our website and services are only available only to people who can form legally binding contracts under the law applicable to these Terms. Our website and services are not available to minors (under 18 years of age). If you don’t qualify as an authorized user, you are not permitted to use our website or services and no contract will be formed between you and us. As a condition of your use of our website and services, you agree to give us true, accurate, current and complete information as prompted by the registration forms, when registering for or using our website and services, and to update and maintain the accuracy and completeness of the information.
There is no cost to become a registered user of our website (we call it “taste testing”), although some features of our website and our services are only available to paying subscribers. You do not have to become a registered user to use our website. However, if you do not register, you may not be able to use certain products, offerings, features, or resources of our website. You must register in accordance with instructions prompted by the registration forms in order to participate in any community area or to create a “Public Profile.” A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our website or post your own content. Registered users agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our website.
All right, title, and interest in and to our website and services, including the Cook Smarts, LLC brand, name, logo and domain name, recipes, text, graphics, logos, icons, images, audio and video clips, digital downloads, and software, are and will remain the exclusive property of us and our licensors. The content on the Cook Smarts website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Selected images on our website are provided courtesy of BigStock, iStock, and Canva. Selected audio on our website are provided courtesy of Audioblocks and Pond5.
Nothing in these Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. You acknowledge that ownership in any intellectual property rights (including patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in our services belongs to us. Accordingly, any part of our services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing our services.
In other words, mitts off! Our stuff is our stuff.
PROTECTING YOUR ACCOUNT
Some parts of our website permit username and passwords to be used. You are responsible for protecting your unique username and password (pro tip: hackers do not consider “123456” and “password” to be unique) and you agree to be responsible for all activities performed under your user account.
LICENSE AND SITE ACCESS
Cook Smarts, LLC grants you a limited license to access and use our website. This license does not include the right to download any material (other than routine page caching) or modify any material without our express written consent. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. No portion of this website (any or all of it) may be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without our express written permission. You may not use meta tags or any other hidden text utilizing the Cook Smarts name or trademarks without our express written consent. Any unauthorized use of our website voids the limited license granted by us. All of this sounds complicated, but it really comes down to this: just enjoy our website without taking any of our stuff.
CONTENT SUBMITTED BY USERS
Sometimes users submit content to our website (the amazing ones anyway). If you submit content, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media (to be honest, we probably won’t put it on a View Master – but how awesome would that be?). Users who submit material agree that this license includes the right for us and other users of our services to make the content available to others for publication, distribution, syndication, or broadcast on other media and services, subject to our terms and conditions for content use. These additional uses by us or others may be made with no compensation paid to the user who submitted it.
Users also represent, warrant and agree that they have not and will not contribute any content that (1) infringes, violates or otherwise interferes with any copyright or trademark of another party; (2) reveals any trade secret; (3) infringes any intellectual property right of another or the privacy or publicity rights of another, (4) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; (5) creates an impression that is incorrect, misleading, or deceptive; (6) contains other people’s private or personally identifiable information without their express authorization and permission; and/or (7) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right to remove any content, suspend, remove or terminate access to our services at any time, or pursue any other remedy or relief available under equity or law. The best thing to do before submitting content is to ask yourself beforehand if what you submit could potentially harm someone else (or their computer) or violate anyone else’s rights. If you think it might, don’t do it!
These Terms apply only to our website and not to any other websites. Our website may include links to other websites, resources, or services. You acknowledge and agree that we are not responsible for the availability of these other websites, and we do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from other websites, resources, or services. You further agree that, under no circumstances, will we be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you by your use of or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
Our website offers healthy recipes and information regarding healthful eating, but we are not a medical organization and we cannot diagnose or treat any health condition you may have. Nothing contained in our website should be construed as health advice or diagnosis. If you are concerned about your health, please consult with your doctor.
WEIGHT WATCHERS DISCLAIMER
Weight Watchers is a registered trademark of Weight Watchers International, Inc. Points are trademarks of Weight Watchers International, Inc. Authentic information about the program is only available at your local Weight Watchers meeting. Our meal plan service is not affiliated with Weight Watchers International in any way, and Weight Watchers has not reviewed this site for accuracy or suitability for WW members.
To calculate Weight Watchers points, we rely on the calculator on CalculatorCat.com. We believe this calculator is accurate but cannot be held liable for errors. Please do your own due diligence and check other authoritative sources for comparisons if this calculator is very important to your well being (health, financial or otherwise).
LIMITATION OF LIABILITY
Our website displays information that is provided by the stores whose products we feature (the “grocery stores”). We have no control over the information that the grocery stores provide to us, and we have no control over the availability of their products. We cannot guarantee the pricing, availability, quality, timing or failure to provide any of the products featured on our website.
Our services are provided by the company on an “as is” and “as available” basis. We make no warranties, either expressed or implied, regarding the operation of our services. Under no circumstances will we be liable to you on account of your use or misuse of or reliance on the services arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability applies to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether a claim is based on warranty, contract, tort (including negligence), or otherwise (even if we have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from:
- use or misuse of and reliance on the services
- inability to use the services
- the interruption, suspension, or termination of the services (including damages incurred by third parties or as a result of your registering for company services via third parties)
This limitation also applies to the costs of procurement of substitute goods or services, lost profits, or lost data. The limitation further applies with respect to the performance or non-performance of the services or any information or merchandise that appears on, or is linked or related in any way to, the services. The limitation applies notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You also waive the right to bring or assert any claim against us relating to any dealings with any store whose products are offered on our website, and release us from any and all liability for or relating to any interactions or dealings with such stores.
We do not guarantee the availability, content or price of, any of the products or services offered on our website. You acknowledge that at any time, stores whose products are offered on our website may change their prices or cancel or amend their products, with or without notice to you, and that we are not responsible for any such changes. You agree that should you rely on the availability, content or prices offered on our website, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your direct dealings with any store whose products are offered on our website and any other terms, conditions, representations or warranties associated with such dealings, are between you and such store exclusively and do not involve us. You agree that your submission of an order for a particular product is not a guarantee of the availability of such product.
We will do our best to ensure that the company services are available twenty-four hours a day, seven days a week. However, there will be occasions when the company services will be interrupted for maintenance, upgrades, emergency repairs, failure of telecommunications systems, equipment failures, acts of God, or other situations. We will make reasonable efforts to minimize such disruption where it is within our reasonable control. You agree that we will not be liable in any event to you or any other party for any suspension, modification, discontinuance, lack of availability, or other termination of the company services.
You also acknowledge and accept that there may be technical downtime with company services. You agree that your access and use of the company services is at your own risk. You understand and agree that the company services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of our services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify us and our employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the company services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed to the company including infringement of intellectual property laws or civil or criminal claims. We will use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
By visiting our website or otherwise accessing our services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the company.
MODIFICATION OF SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the company services (or any part thereof) with or without notice. Prices of all company products and services are subject to change. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the company services.
We reserve the right to modify, alter, delete and update these Terms of Service at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions. Continued use of the Services after any such changes shall constitute your consent to such changes.
FURTHER INFORMATION AND SUPPORT
PURCHASE AND PAYMENT
- Cook Smarts LLC provides a meal plan service that offers monthly, quarterly, and annual subscription terms, as well as a 6-week Nourish By Cook Smarts course (which is offered up to twice per year).
- When you sign up for the meal plan service one of these options, you are committing to the term you have chosen. We unfortunately are not able to offer prorated refunds at this time. We invite you to try the service for free for as long as you want with our “Free Account” option to experience the functionality
- When you sign up for Nourish, you have until two weeks after the launch of the course to request a refund.
- At the end of your subscription term, we will automatically bill the card we have on file for you for the following period, except in the case of Nourish By Cook Smarts subscriptions, which are not automatically renewed. Automatic billing will occur unless you cancel before the next billing date. You can always find all your billing information in the “My Account” page.
- Annual subscribers will be sent a reminder email 2 weeks before the next billing cycle
- Our automated system allows you to cancel your renewal at anytime in your account by clicking on “Cancel Subscription.” Your cancellation must be done by you, the subscriber, through our site and cannot be cancelled via an email request. When you cancel, you will still be able to access our meal plans through the end of the billing cycle that you’ve already paid for. There will be no refunds for late cancellation
- New meal plans can be viewed by Friday morning each week by logging into the subscribers area of our website using your user name and password
- You will be able to access previous meal plans as well
- We allow users to favorite, rate, and comment on meals. You can elect to keep your comments private and use them as recipe notes. Public comments should relate to the meal and recipe at hand. We reserve the right to remove any comments that we consider offensive or off-topic. Doing so may also lead you to being immediately and permanently banned from our service
- Cook Smarts publishes new meal plans every week with the exception of 4 weeks of favorites which will occur every 3 months at the end of each season. We do not publish menus the week of Christmas.
USE OF MATERIALS AND COPYRIGHT
- Our meal plans, recipes, photos, and videos are copyright protected and therefore cannot be distributed or copied without permission
- Each subscription is to be used and accessed by one household only. We reserve the right to cancel your subscription for password sharing or by distributing our meal plans to another household or person. If we find that you are in violation of this agreement, we will automatically lock your account without a refund
- We’ve made the service affordable to allow greater accessibility. Please do tell others if you like the service. We have created a “Taste Test” option to give everyone a chance to use the product without an upfront payment
OUR GENERAL CUSTOMER POLICY
Nice customers are always right. We are always trying to improve our service and welcome your comments. All feedback should be sent to hello [at] cooksmarts [dot] com. Keep in mind that we are real people and not robots.