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EVERGOOD SAUSAGE, INC Welcome to EVERGOOD SAUSAGES, INC.'s ("Evergood") website (the "Website"). By using the Website, you (the "User") agree to be bound, without limitation or modification, by the terms and conditions of use of our Website as set forth in these Terms and Conditions of Use Agreement (this "Agreement"), whether or not you register as a member of Evergood’s Cook’s Club ("Member"). If you wish to become a Member and/or make use of the services available for members from Evergood please read carefully this Agreement and the Privacy Policy for our Website, which you can access from the Website home page. If you do not wish to be bound by this Agreement or the Privacy Policy for the Website, which is incorporated herein by reference, you must immediately exit the Website. Membership and use of the Service is void where prohibited. The terms and conditions of use contained in this Agreement are subject to change by Evergood Sausages, Inc. at any time, effective upon posting on the Website, and your use of the Website after such posting will constitute acceptance by you of such changes. Access to this Website from countries or territories in which the content or use of the Website is illegal is strictly prohibited. The Website Service is hosted in the United States.
1. Representations and Warranties You Make by Using This Website. You must be at least eighteen (18) years old, or at least the minimum legal age in the jurisdiction in which you are viewing our website, to access or view the Website. By using the Website, you represent and warrant that you are at least 18 years old or the minimum legal age in your jurisdiction; that you have read, understood, and agree to be bound by this Agreement and all of its terms; that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and that you agree to comply with all applicable laws and regulations.
2. Restrictions on Use of Website Content. A. Non-Commercial Use by Members. The Website is for the personal use of individual Members/Users and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by Evergood. Organizations, businesses, and companies may not become Members and should not use the Service or the Website for any purpose. [AGAIN – THIS IS ONE OF THOSE "MEMBERSHIP" ISSUES] Illegal and/or unauthorized use of the Website by Users, including collecting usernames and/or email addresses of Members/Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken. Commercial use of the Website may also result in termination of Membership privileges, which may be revoked at any time and for any reason in EVERGOOD' sole discretion. Use of any Evergood trademarks as metatags on other websites is strictly prohibited. You may not display this Website in frames (or any of the Content via in-line links) without Evergood's express written permission. You shall not use any automatic or manual device, process, software, program, algorithm, methodology, or routine, including, but not limited to, a robot, spider, site search/retrieval application, or other similar process, to retrieve, index, "data mine," or in any way reproduce, interfere with, or circumvent the navigational structure, presentation, or operation of the Service, its contents, or the Website as a whole. Content on the Website is provided to you AS IS for your information and personal use only and, except as provided below, may not be used, copied, reproduced, distributed, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. Evergood Inc. reserves all rights not expressly granted in and to the Website and its content. B. Intellectual Property Rights Relating to Website Content. Except for User Submissions (discussed below) the content on the Website, including, without limitation, the text, site designs, articles, software, scripts, graphics, photos, images, illustrations, sounds, music, videos, audio clips, interfaces, interactive features and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by and/or licensed to Evergood and are subject to copyright and other intellectual property rights under the laws of the United States, as well as foreign laws and international conventions. C. Limited License. You are hereby granted a non-exclusive license to use the Content of this Website, only while accessing this Website. You are also hereby granted a limited license to print copies of or download any Content posted on the Website, only for your personal, non-commercial use. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as expressly provided in this Agreement, all rights are reserved by Evergood. You may not reproduce, publish, transmit, distribute, display, perform, modify, adapt, create derivative works from, sell or participate in the sale of, or exploit in any way, in whole or in part, any of the Contents of the Website or any related software. You agree not to engage in the use, copying, or distribution of any of the Website's Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions obtained through the Website for any commercial purposes. If you download or print a copy of the Website's content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or its content. 3. User Submissions. A. User Submissions Generally. The Website permits you to submit text, videos, files, images, photos, sounds, musical works, audio clips, and/or other communications, as well as the hosting, displaying, transmitting, sharing, and/or publishing of such User Submissions. Evergood does not guarantee any confidentiality with respect to any User Submissions, even if such submissions are not published. B. User Responsibility for Submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. C. Representations and Warranties Relating to User Submissions. For all User Submissions, the User represents and warrants that: (1) You own, or have the necessary licenses, rights, consents, and permissions to use anything and everything in your User Submission, including all patents, trademarks, trade secret waivers, copyrights, or other proprietary rights in and to any User Submissions (2) You have the right and the necessary authority to authorize Evergood to display and use, anything and everything in your User Submission, in the manner contemplated by the Website and this Agreement. (3) You have the written consent, release, and/or permission of each and every person identified in the User Submission to use the name or likeness of each and every such person so as to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of anything contained in your User Submission. D. License to Evergood. You retain all of your ownership rights in your User Submissions. However, by submitting your User Submissions to Evergood for the purpose of its publishing or displaying such submissions on the Website, you hereby grant Evergood a worldwide, non-exclusive, royalty-free, sublicense and/or assignment of license, to use, reproduce, distribute, prepare derivative works from, display, and perform the User Submissions in connection with the Website and Evergood business, including without limitation, the right to promote or redistribute part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Website a non-exclusive license to access your User Submissions through the Website and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Website and this Agreement. E. Indemnification. You agree to indemnify and hold Evergood harmless from any and all damages, injuries, or claims that arise out the use or your User Submissions, including, without limitation, defending and/or paying for the defense of Evergood in any action arising out of the use of your User Submissions. F. Prohibited Material and Use of Website. You may not use the Website for any purpose that is unlawful or prohibited by this Agreement. Your access to the Website and/or Membership in the Service may be terminated immediately, at Evergood's sole discretion, with or without notice, for any reason, including your misuse of the Service, your failure to comply with any provision of this Agreement, or your unlawful conduct, or for no reason. The following merely is a partial, representative list of the type of actions that you may not engage in with respect to the Service:
YOU SHALL BE SOLELY LIABLE FOR ANY AND ALL DAMAGES OR HARM ARISING FROM YOUR USE OF OUR WEBSITE. You agree that we and our affiliates do not, and shall not be considered to, endorse, review, screen, or approve any electronic communications. We have no obligation to screen communications or information in advance and we are not responsible for screening information submitted or posted in any way by users. All User Submissions and any electronic communications posted on a message board or other public forum on the site shall be considered to be public, not private, communications. Except for personal and/or private information provided to us, as described in our Privacy Policy, any and all material, information or ideas that you upload, publish, distribute, post, or disseminate on or through our Website by any means will be treated as non-confidential. G. Removal Rights. Posting or storing material at this site is a privilege, not a right. We reserve the right, and you expressly agree that we have the right, for any reason whatsoever or for no reason, to remove, disable or restrict without limitation, information, content, or any other material, from User Submissions, postings and/or communications in and/or through the Website. We further reserve the right, and you expressly agree that we have the right to remove, disable or restrict any Content in a User Submission that we believe, in our sole discretion, violates the terms of this Agreement (whether or not we are in fact correct in our assessment) or that is the subject of a Notification duly sent to us pursuant to the Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows: FILL IN. In such cases we may investigate the matter further. We reserve the right, however, to take no further action. Under no circumstances may we be held liable for removing, disabling, or restricting access to or availability of any Material, User Submissions, or other content. Evergood also reserves the right to terminate a User's access to the Website for any reason whatsoever or for no reason. 4. Links to Third-Party Websites. The Website may contain hypertext links (“Links”) to websites operated by persons or entities other than Evergood (“Third-Party Websites”). Evergoodd does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. A Link from the Website to a Third-Party Website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party Website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party Websites to which you might link from our Website. If you believe we have provided a Link to a site that contains infringing or illegal content, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.
5. Good Samaritan Policy and Complaint Procedures. A. Policy. It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory Material to be posted at this site. We will do our best, in good faith, to remove, disable or restrict access to or the availability of Material that, in our subjective view, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section 5 are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct. B. Complaint Procedures. If you believe that someone has posted Material which violates this policy (other than in cases of copyright infringement, which is addressed in Section 5), we ask you to promptly notify us by writing to FILL IN You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with investigating alleged policy violations. In order to allow us to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending Material is located; (4) any grounds to believe that the person who posted the Material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Material. C. Indemnification/Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California, In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it. D. Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions and cannot assume liability for any acts of third-parties which take place at his site. By taking advantage of the procedures set forth in this Section 5, you waive any and all claims or remedies which you might otherwise be able to assert against us under any theory of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the Material at this site or our response, or failure to respond, to a complaint. E. Investigation/Liability Limitation. You agree that we have the right (but not the obligation) to investigate any complain received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of Material. We support free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient. If you believe Material remains on this site that violates your rights, your sole remedy shall be against the person(s) responsible for posting or storing it, not against us.
6. Membership and Pricing. Users may become registered Members at no cost and will have access to the Service at no cost.
7. Disclaimer of Warranties. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. EVERGOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVERGOOD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. EVERGOOD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. EVERGOOD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. EVERGOOD IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OF SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE. 8. Limitations on Liability. In no event shall EVERGOOD, its subsidiaries, affiliates, distributors, suppliers, licensors, independent contractors, subcontractors, agents, or others involved in creating, sponsoring, promoting, or otherwise making available this Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) damages from your inability to use, unauthorized use of, performance or non-performance of this Website; (iii) damages from unauthorized access to or tampering with your personal information or transmissions; (iv) damages from the provision or failure to provide any service; (v) damages from errors or inaccuracies contained on the Website or any information, software, products, services, and related graphics obtained through the Website; (vi) damages resulting from any transactions, agreements, or relationships entered into through this Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Website. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if EVERGOOD has been advised of the possibility of damages. EVERGOOD expressly disclaims any liability for any damages incurred by Users of the Website who enter into any type of relationship with other Users of the Website. This Website is merely a venue for interested Users to engage in social networking and to post User Submissions. EVERGOOD is not involved in any relationship or transaction between Users outside the confines of the Website. EVERGOOD has no control over (1) the quality, safety, or legality of the information contained in User Submissions, or (2) the truth or accuracy of information contained in the User Submissions. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, foreign nationals, or persons acting under false pretenses. Users of this Website assume all risks associated with dealing with anyone with whom you come into contact on this Website. Because user authentication on the Internet is difficult, EVERGOOD cannot and does not confirm that each user is who he or she claims to be. Because we do not and cannot become involved in user-to-user dealings or control the behavior of participants on our Website, by using this Website, you release EVERGOOD, its agents, employees, managers, and affiliates from any and all claims, demands, and damages, known or unknown, arising from or in any way connected with your relationships, transactions, or disputes with other users of this Website. You acknowledge that you may be exposed to User Submissions that are inaccurate, indecent, or objectionable, and you hereby waive any legal or equitable remedies you may have with respect thereto. If you are a California resident, you hereby waive Civil Code section 1542, which states, "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
9. Privacy Policy. Use of the Website and the Service is also governed by our Privacy Policy, which is incorporated herein by reference.
10. Indemnification. You agree to indemnify, defend, and hold harmless EVERGOOD, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of this Website and/or software, including, without limitation, your act of posting content on the Website that may infringe upon any third party's intellectual property or privacy rights. EVERGOOD reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with EVERGOOD in asserting any available defenses.
11. Accounts, Security, Passwords. Our Website allows for the registration of Members, or the opening of an account. To become a registered Member, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify EVERGOOD immediately of any unauthorized use of your account. EVERGOOD is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account at any time.
12. Changes to This Agreement. EVERGOOD reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time. Please review this Agreement periodically for changes. Your continued use of this Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Website.
13. Modification/Termination of Website. EVERGOOD reserves the right, in its sole discretion, to modify, suspend, or terminate this Website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, EVERGOOD shall not be liable to you or any third-party for any termination of your access.
14. International Use/United States Export Controls. This Website is governed by and operated in accordance with the laws of United States of America and the State of California and is intended for enjoyment of residents of the United States. EVERGOOD makes no representation that this Website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge that this site is subject to U.S. law, consent to the transfer of personal data to the United States, and waive any claims that may arise under their own national laws. Accessing materials on this Website by certain persons in certain countries may not be lawful, and EVERGOOD makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States controls the export of any software downloadable from this Website. No software or any other materials associated with this Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the United States Treasury Department list of Specially Designated Nationals and Blocked Persons or the United States Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
15. General Legal Provisions. This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the City and County of San Francisco, California, USA, in all disputes arising out of or relating to the use of our Website. Use of our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys’ fees. Headings used in this Agreement are for the convenience of the parties and convey no substantive meaning to this Agreement. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Website. If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements. All rights not expressly granted herein are hereby reserved. This Agreement is the entire and final Agreement regarding our Website and its Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Effective Date: July 23, 2008 |
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