WEBSITE LEGAL NOTICE
Copyright, CookandDate Corporation 2007-2008 All rights reserved. Reproduction,adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics,design, content, and other works are the copyrighted works of Cookanddate Inc.
TERMS AND CONDITIONS OF USE
Welcome to the corporate Website of CookAndDate and all affiliated and associated partners. Use of this site is governed bythe Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by Cookanddate Corporation may be used for informational purposes only. By using, accessing or downloading materials from this Website you agree to follow the terms and provisions as outlined in this legal notice,which apply to all visits to the our Websites, both now and in the future.Cookanddate Corporation may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this Website.
RESTRICTIONS
You may view, download and copy information and materials available on this Website solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of Cookanddate Corporation products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result incivil and/or criminal liabilities.
OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials (including white papers, press releases,data sheets, product descriptions, and FAQ’s) available on or from this Website are the copyrighted works of Cookanddate Corporation, and any unauthorized use of that information or materials may violate copyright,trademark and other laws. Any rights not expressly granted here in are reserved.
TRADEMARK INFORMATION
Cookanddate Corporation trademarks may be used only with written permissionfrom Cookanddate Corporation. All registered trademarks or trademarks are properties of Cookanddate Corporation. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Cookanddate Corporation or any third party.
LINKS TO OTHER WEBSITES
As a convenience and to make the Cookanddate Corporation Website truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. Cookanddate Corporation makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the Cookanddate Corporation Website is not an indication that Cookanddate Corporation endorses the third party or its site,or has any affiliation with or between Cookanddate Corporation and the third party hosting site.
FEEDBACK
All comments, feedback, information or materials submitted to Cookanddate Corporation through or in association with this Website shall be considered non-confidential and Cookanddate Corporation property. By submitting such comments, information, feedback, or materials to Cookanddate Corporation, you agree to a no-charge assignment to Cookandate Corporation of worldwide rights to use, copy, modify, display and distribute the submissions. Cookanddate Corporation may use such comments, information or materials in any way it chooses in an unrestricted basis.
DISCLAIMER
The Cookanddate Corporation Internet team strives to provide you with useful,accurate, and timely information on this Website. Accordingly, Cookanddate Corporation has attempted to provide accurate information and materials on this Website but assumes no responsibility for the accuracy and completeness of that information or materials. Cookanddate Corporation may change the content of any information or materials available at this Website, or to the products described in them, at any time without notice. However, Cookanddate Corporation makes no commitment to update the information or materials on this Website which, as a result, may be out of date.
Information and opinions expressed in bulletin boards or other forums are not necessarily those of Cookanddate Corporation. Neither Cookanddate Corporation, nor its officers, directors, employees, agents, distributors,or affiliates are responsible or liable for any loss damage (including,but not limited to, actual, consequential, or punitive), liability, claim,or other injury or cause related to or resulting from any information posted on Cookanddate Corporation Website. Cookanddate Corporation reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictionsmay be superseded by expressly designated legal notices or terms locatedon particular pages of this Website.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ENVISION DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OFDEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL ENVISION BE LIABLE FORANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL,CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS,LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TOUSE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGALTHEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IFYOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
TERMINATION OF USE ENVISION
may, in its sole discretion, terminate or suspend your access toall or part of the Cookanddate Corporation Website, including, but notlimited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreementis terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
GOVERNING LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada exclusive of its choice of law principles. The Quebec courts shall have exclusive jurisdiction and venueover any dispute arising out of or relating to this Agreement, and eachparty hereby consents to the jurisdiction and venue of such courts.
GENERAL PROVISIONS
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain inforce. This contains the entire agreement between you and Cookanddate Corporation concerning your use of the site, and the agreement shall notbe modified, except in writing, signed by both parties. If you have questions regarding Cookanddate Corporation Terms and Conditions, pleaseemail: legal@cookanddate.com To review Cookanddate Corporation Privacy Policy,click here.
EMAIL DISCLAIMER NOTICE
You can copy the text below and paste it into your email signature(English, French & Spanish version): This email may be confidential. Any distribution, use or copying of this email or the information it contains by other than an intended recipientis unauthorized. If you received this email in error, please advise me (by return email or otherwise) immediately. Ce courriel est confidentiel. Toute diffusion, utilisation ou copie de cemessage ou des renseignements qu'il contient par une personne autre queles destinataires désignés est interdite. Si vous recevez ce courriel parerreur, veuillez m'en aviser immédiatement, par retour de courriel ou parun autre moyen. Este mensaje es confidencial. Cualquier distribución, uso o copia delmensaje o de la información en el contenido por otras personas distintasde los destinatarios esta prohibida. Si usted recibe este mensaje porerror, por favor comuníquemelo inmediatamente mediante reenvío del mensajeo por otro medio.
ONLINE CONTRACT
The following is the terms of the agreement between [NAME OF COMPANY](“Company”) and the buyer (“Buyer”) of goods or services through theCompany’s Website (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
1. INTRODUCTION
Buyer agrees to the terms and conditions outlined in this Online Contract("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prioror contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract.Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
3. COPYRIGHT
The content, organization, gathering, compilation, magnetic translation,digital conversion and other matters related to the Site are protectedunder applicable copyrights, trademarks, and other proprietary (includingbut not limited to intellectual property) rights, and, the copying,redistribution, use or publication by a Buyer of any such content or anypart of the Site is prohibited.
4. EDITING, DELETING, AND MODIFICATION
Company reserves the right in its sole discretion to edit or delete anyinformation or content appearing on the Site and to remove any goods andservices for sale. Upon notice published over the Service, Company maymodify this Contract, or prices, and may discontinue or revise any or allaspects of the Site in its sole discretion and without prior notice.Modification of this Contract will be deemed effective upon publication onthe Site with respect to transactions occurring after said date.
5. RIGHT TO REFUSE
Company reserves the right in its sole discretion to refuse service at anytime. Sale of any goods or services is subject to availability.
6. INDEMNIFICATION
Buyer agrees to indemnify, defend and hold Company and its affiliates,licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.
7. NON-TRANSFERABLE
Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
8. DISCLAIMER
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THESOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'SSOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED.COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVEARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY ANDBUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCHLIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OFLIABILITY.
9. REFUND POLICY
If an event is canceled or postponed for any reason a full refund will be given to the client (or if he or he chooses a refund). If a client cancels his or her participation in an event, they must do so 48hours before the event is held in order to receive a credit.
10. USE OF INFORMATION
Company reserves the right, and Buyer authorizes Company, to the use andassignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
11. GOVERNING LAW
This Contract shall be treated as though it were executed and performed in[STATE/PROVINCE, COUNTRY] and shall be governed by and construed inaccordance with the laws of [STATE/PROVINCE, COUNTRY] (without regard toconflict of law principles). Any cause of action of Buyer with respect tothe Site must be instituted within [NUMBER] months after any purchase orbe forever waived and barred. All actions shall be subject to thelimitations set forth in Section 8. The language in this Contract shall beinterpreted as to its fair meaning and not strictly for or against anyparty.
12. LITIGATION
All legal proceedings arising out of or in connection with this Contractshall be brought solely in [STATE/PROVINCE, COUNTRY] and Buyer expresslysubmits to the jurisdiction of said courts and Buyer consents toextra-territorial service of process. Should any part of this Contract beheld invalid or unenforceable, that portion shall be construed consistentwith applicable law as nearly as possible to reflect the originalintentions of the parties and the remaining portions shall remain in fullforce and effect. To the extent that anything in or associated with theSite or the Company is in conflict or inconsistent with this Contract,this Contract shall take precedence. Failure of Company to enforce anyprovision of this Contract shall not be deemed a waiver of such provisionnor of the right to enforce such provision.
13. ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and usregarding your relationship to Online and supersedes any prior statementsor representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINEAGREEMENT, please click the "I Agree" button below. If you do not agree tothe terms of the Subscriber Agreement, please click the “I Don’t Agree”button to log off the system. If you don’t click on “I Agree” then you will not be able to purchase any goods or services.