Last updated: May 7th, 2020
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE WEBSITE – THEY ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS.
We may revise and update these Terms and Conditions at any time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Website or updating the "Last Modified" date at the beginning of these Terms. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website, as well as your order, receipt or use of the Service we provide following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
By using the Website, you represent and warrant that you (a) are of legal age to form a binding contract with company, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website, (d) have not created or do not have more than one account on the Website, unless expressly permitted by Company, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
In order to utilize specific features on the Website, individuals will need to become a Registered User. A "Registered User" is a user who has registered an account on the Website ("Account") or has a valid account on the social networking service through which the user has connected to the Website. The Company may allow you to create an account and log in to use the Service through the following Third-party Social Media Services:
We reserve the right to withdraw or amend this Website, our Service or any material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, to the fullest extent permitted by applicable law. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree that you will abide by these Terms and will not use the Website:
Additionally, you agree not to:
The Website and its entire contents, features, and functionality (including but not limited to all information, software, algorithms, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) ("Company Content") are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Website and Company Content.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Website or Company Content, (b) distribute, publicly perform or publicly display any Company Content (c) modify or otherwise make any derivative uses of the Website or Company Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Website or Company Content, except as expressly permitted by us, and (f) use the Website or Company Content other than for their intended purposes. Any use of the Website or Company Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Company or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Website and Company Content may include software components provided by Company or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
"Ready Set Dinner", the Ready Set Dinner logo and any other Ready Set Dinner product or service names, logos, designs or slogans that may appear on the Website or Service are trademarks of Ready Set Dinner and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing "Ready Set Dinner" or any other name, trademark or service name of Ready Set Dinner without our prior written permission. In addition, the look and feel of the Website and Company Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Ready Set Dinner and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website or Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Ready Set Dinner.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Website for noncommercial purposes, provided that such link does not portray Ready Set Dinner or any of our Service in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
We may display content, advertisements, and promotions from third parties through the Website, in mailings or emails containing information regarding other companies ("Third-Party Content"). The Third-Party Content is not endorsed, adopted by, or controlled by Ready Set Dinner, and we make no representations or warranties of any kind regarding such Third-Party Content, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content through or on Ready Set Dinner Website are solely between you and such third parties.
Ready Set Dinner makes no claim or representation regarding the quality, content, nature or reliability of third party websites accessible by hyperlink from the Website or of websites linking to the Website. Such websites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. Except as otherwise provided herein, when you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Website by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Website infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: Petra Wintner
Address: Piece of Cook LLC, d/b/a Ready Set Dinner, 132 Newcastle Dr, Jupiter, FL 33458
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The Website may contain blogs, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, recipe comments , and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the User Contributions Standards set out in these Terms and Conditions.
If you submit content you own, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Contributions. However, by uploading, posting or submitting User Contributions to the Website or to our pages or feeds on third party social media platforms (e.g., Ready Set Dinner’s Facebook page, Instagram page or Twitter feed), you hereby grant Ready Set Dinner a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Contributions, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. In connection with the exercise of these rights, you grant Company, and anyone authorized by Company, the right to identify you as the author of your User Contributions by name, email address or screen name, as we deem appropriate. You will not receive any compensation of any kind for the use of your User Contributions.
By uploading, posting or submitting User Contributions to Ready Set Dinner through the Website or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Contributions are nonconfidential, (b) you own and control all of the rights to the User Contributions or you otherwise have all necessary rights to post such User Contributions, (c) you authorize Ready Set Dinner to use such User Contributions for the purposes described in these Terms, (d) the User Contributions are accurate and not misleading or harmful in any manner, and (e) the User Contributions, and your use and posting thereof, d0 not and will not violate these Terms or any applicable law, rule, regulation or third party right.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. Ready Set Dinner has no obligation to pre-screen any content. You use all User Contributions and interact with other users at your own risk. Without limiting the foregoing, Ready Set Dinner reserves the right, but not obligation, in its sole discretion to pre-screen, refuse, or remove any content. Ready Set Dinner shall have the right to remove any content that violates these Terms or is otherwise objectionable.
Separate and apart from User Contributions, you can submit questions, comments, reviews, ratings, suggestions, ideas, original or creative materials or other information about Ready Set Dinner, the Website or the Service (collectively, "Feedback"). Feedback is nonconfidential and you agree that Ready Set Dinner will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as it sees fit, for any promotional, commercial or non-commercial purpose entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
Company expects you to maintain a high level of integrity with respect to Feedback posted through the Website, and you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable product or recipe; (ii) you will not provide a rating or review for any product, recipe or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with these Terms. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Feedback without notice.
The Company, through the Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
You expressly understand and agree that you are solely responsible for the User Contributions and for all activity that occurs under your account, whether done so by you or any third person using your account. You may not transmit any User Contributions that are unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable User Contributions include, but are not limited to, the following User Contributions that:
The Company has the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You understand that by using the Website you may be exposed to User Contributions that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any User Contributions, including any errors or omissions in any User Contributions, or any loss or damage of any kind incurred as a result of your use of any User Contributions.
We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
THE COMPANY PROVIDES RECIPE SUGGESTIONS TO SUPPORT A HEALTHY LIFESTYLE BOTH ON THE WEBSITE AND TO THE SUBSCRIBED USERS OF ITS SERVICE. THE COMPANY, HOWEVER, DOES NOT PROVIDE MEDICAL ADVICE. ALWAYS CONSULT A LICENSED PHYSICIAN FOR ANY MEDICAL ADVICE. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION MADE AVAILABLE THROUGH THE WEBSITE AND THE SERVICE. THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON ANY INFORMATION (NUTRITIONAL OR ANY OTHER) PROVIDED ON THE WEBSITE AND THE SERVICE BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. WE ALSO HEREBY DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ENSURING THAT THE FOOD YOU AND THE MEMBERS OF YOUR HOUSEHOLD PREPARE OR CONSUME ARE IN ACCORDANCE WITH YOUR SPECIFIC DIETARY NEEDS AND RESTRICTIONS. YOU SHOULD ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR REGISTERED DIETITIAN FOR YOUR OWN SPECIFIC CONDITIONS OR DIETARY NEEDS. THE COMPANY WILL NOT BE LIABLE FOR ANY HEALTH ISSUES RESULTING FROM THE CONSUMPTION OF INGREDIENTS TO WHICH YOU OR A MEMBER OF YOUR HOUSEHOLD IS ALLERGIC OR THAT IS HARMFUL TO YOU IN ANY WAY.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Website (or any features or parts thereof) or the provision of the Service at any time. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
Ready Set Dinner is based in the state of Florida in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
YOUR USE OF THE WEBSITE OR OUR SUBSCRIPTION SERVICE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR WEBSITE OR SERVICE YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL READY SET DINNER, ITS PAST, PRESENT AND FUTURE LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY "Ready Set Dinner Parties") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE WEBSITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITE), OR THE ORDER, RECEIPT OR USE OF ANY SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY READY SET DINNER PARTY, OR FROM EVENTS BEYOND THE READY SET DINNER PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE READY SET DINNER PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE READY SET DINNER PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH READY SET DINNER PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE READY SET DINNER PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO READY SET DINNER BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN READY SET DINNER AND YOU.
THE READY SET DINNER PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER CONTRIBUBTIONS OR PERSONALIZATION SETTINGS.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Ready Set Dinner, and our Ready Set Dinner Parties from and against all actual or alleged Ready Set Dinner Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Website, Company Content or Service by you or any third party you authorize to access or use such Website, Company Content or Service, (b) any User Contributions you create, post, share or store on or through the Website or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another. You agree to promptly notify Ready Set Dinner of any third party Claims, cooperate with the Ready Set Dinner Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Ready Set Dinner Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Ready Set Dinner.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Website and the Service, at any time and for any or no reason, including, without limitation, any violation of these Terms.
If timely payment for the Service cannot be charged to your payment provider for any reason, if you have materially breached any provision of these Terms, or if Ready Set Dinner is required to do so by law, Ready Set Dinner has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in Ready Set Dinner’s sole discretion and that Ready Set Dinner shall not be liable to you or any third party for any termination of your Account.
We reserve the right to suspend or stop providing access to the Website (or any features or functionality of the Website) and the Service at any time without notice and without obligation or liability to you.
If your registration, Account with or ability to access the Service is discontinued by Ready Set Dinner due to your violation of any portion of these Terms, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise, without written consent from Ready Set Dinner, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Ready Set Dinner reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Even after your right to use the Service or the Website is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to Ready Set Dinner will remain due.
The communications between you and Ready Set Dinner use electronic means, whether you visit the Website or send Ready Set Dinner e-mails, or whether Ready Set Dinner posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Ready Set Dinner in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Ready Set Dinner provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Ready Set Dinner's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Ready Set Dinner shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, epidemic, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Where Ready Set Dinner requires that you provide an e-mail address, you are responsible for providing Ready Set Dinner with your most current e-mail address. In the event that the last e-mail address you provided to Ready Set Dinner is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, Ready Set Dinner's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Ready Set Dinner at the address of: Piece of Cook LLC, d/b/a Ready Set Dinner, 132 Newcastle Dr, Jupiter, FL 33458. Such notice shall be deemed given when received by Ready Set Dinner by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
All matters relating to the Website, the Service and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
You agree that any dispute between you and us relating in any way to the Service, our advertising or marketing practices, or these Terms and Conditions, will be resolved by binding AAA arbitration by an arbitrator located in the City of Miami and County of Miami-Dade, Florida, rather than in court, except that (1) you may assert claims in small claims court located in the City of Miami and County of Miami-Dade, Florida if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Ready Set Dinner may seek equitable relief in court located in the City of Miami and County of Miami-Dade, Florida for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Dispute Resolution clause shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms. The Federal Arbitration Act and federal arbitration law apply to this Dispute Resolution clause.
IF YOU AGREE TO ARBITRATION WITH READY SET DINNER, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST READY SET DINNER ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING COVERED CLAIMS AGAINST READY SET DINNER ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS ARBITRATION AGREEMENT.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Piece of Cook LLC, d/b/a Ready Set Dinner, Contact: Petra Wintner, 132 Newcastle Dr, Jupiter, FL 33458.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. This Dispute Resolution clause will survive the termination or expiration of the Terms or your relationship with Ready Set Dinner.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE, OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints section of these Terms in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website or these Terms and Conditions should be directed to:
Piece of Cook LLC, d/b/a Ready Set Dinner
Contact: Petra Wintner
132 Newcastle Dr, Jupiter, FL 33458