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Terms & Conditions

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This Terms of Service is a contract entered into by and between You (“you” or “User”) and Cookbook Club, LLC (“KCC”,” we”, “our”, or “us”) and our affiliates, to the extent expressly stated. These terms and conditions (together with our Privacy Notice, these “Terms of Service” or “Terms”) govern your access to and use https://www.kenilworthcookbookclub.com (“Website”), our mobile application (“App”), any related applications, products and platforms (collectively with the Website and App, the “Services”), or anywhere this Notice is posted as well as through any offline interactions, whether as a guest or registered user. In the event of any inconsistency between this Terms of Service and the Privacy Notice or EULA, this Terms of Service shall control.

 

Please read the Terms of Service carefully before you start to use or access our Services. This agreement is an electronic contract that sets out legally binding terms. You must accept the Terms to use the Services. By using our Services, you accept and agree to be bound and abide by these Terms. If you do not accept and agree to be bound by all of the terms within this Terms of Service or you do not meet or comply with its provisions, do not use our Services. Any translation(s) of this Terms of Service from the English version into any other languages is provided for your convenience only. This Terms of Service is the legally binding version and shall prevail in the event of any difference in meaning or interpretation between this Terms of Service and any translated version.

 

PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. EXCEPT AS SPECIFIED BELOW IN SECTION 15, UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 17, ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES AND IS MANDATORY.

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1, ELIGIBILITY

The Services are intended for users 18 and older. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old, or the age of majority in your jurisdiction, and that you possess the legal right and ability to enter into this Terms of Service and are not barred from using the Services under applicable law. 

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2. CHANGES TO TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website and App. All changes are effective immediately when we post them. KCC may provide reasonable notice of any material changes, determined at our sole discretion, by e-mailing our registered users. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms. You understand that your continued use of the Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.

 

3. USER ACCOUNTS

You may register for a user Account (“Account”) when downloading our App. Registered users will be able to access the full array of features found on our platform. In order to register an Account, you will be asked to provide registration information, including your username and email address, when signing up for an Account. Please see our Privacy Notice to learn more about the information we collect and how we use it.

 

You are responsible for maintaining the security and confidentiality of your Account information, including your password. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your Account information secure and confidential. You acknowledge that KCC is not responsible for third-party access to your Account information or personal information that results from voluntary distribution or theft or misappropriation of your username or password or personal information. It is a condition of your use of the Services that all the information you provide on your Account will be correct, current, and complete. 

 

4. NON-COMMERCIAL USE

The Services are for personal use only. Any other use, (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, links to other websites or premium line telephone numbers, and use by competitors and the media) is considered Commercial use (“Commercial Use”) by Commercial users (“Commercial Users”). For example, users may not use the Service in connection with any commercial endeavors such as: (i) advertising or soliciting any user to buy or sell any products or services not offered by KCC, (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes, (iii) press or media purposes of any kind; all media inquiries should be directed to info@kenilworthcookbookclub.com, (iv) KCC leads or customer information, even if ultimately requested or received off the site, or (v) scraping or otherwise collecting data or information of any kind. Organizations, companies, agencies, and/or businesses may not become users and should not use the Service for any purpose, unless previously authorized by KCC. Users of the Service may not use any information obtained from the Service to contact, advertise, solicit, or sell to any other user without his or her prior explicit consent

 

5. PROHIBITED USES

You may use our Services only for lawful purposes and in accordance with these Terms of Service. You agree NOT to use the Services:

  • In any way that violates these Terms.

  • In a way that is inconsistent with the intended use of the Services.

  • In a way that may harm the reputation of KCC or its affiliates.

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal, proprietary, or private information without his or her permission;

  • To solicit money or other items of value from another user, whether as a gift, loan, or form of compensation.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate KCC, a KCC employee, another user, or any other person or entity (including, without limitation, by using email addresses or Account names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm KCC or users of the Services, or expose them to liability.

 

Additionally, you agree not to:

  • Make the functionality of the Services available to multiple users through any means.

  • Engage in Commercial Use or access the Service for a competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services. 

  • Encourage, promote, or agree to engage in any activity that violates these Terms.

  • "Frame" or "mirror" any part of the Service or the Website, or App.

  • Use another user’s Account.

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.

  • Use or develop any third-party applications that interact with our Services or User Content information without our written consent.

  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Using the Services in order to damage KCC, or any related websites, affiliates, or subsidiaries.

  • Using the Services to encourage, promote, facilitate, or instruct others to engage in illegal activity.

  • Probe, scan or test the vulnerability of our Services or any system or network.

  • Otherwise attempt to interfere with the proper working of the Services.

 

6. TERMS OF SERVICE VIOLATIONS AND TERMINATION

Any violation of these Terms of Service shall result in immediate Account termination without prior warning to you and without refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of KCC's intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice, refund, or liability of any kind.

 

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the App or by contacting us at: info@kenilworthcookbookclub.com. If you delete your Account, KCC may still retain certain information associated with your Account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Service   and our users, or take other actions otherwise permitted by law.  As well, if certain information has already been provided to third parties as described in our Privacy Notice, retention of that information will be subject to those third parties’ policies.

 

7. INTELLECTUAL PROPERTY RIGHTS

The Services and its entire contents, features, and functionality (including but not limited to the Website, App, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the KCC, 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.

 

KCC hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use the Service on your computer or mobile device for your personal, non-commercial use, as set forth in these Terms of Service and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service. 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 Services except as permitted by this Terms of Service. Further you must not use the Services for any other purposes intended to benefit a party other than you.

 

The KCC name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of KCC or its affiliates or licensors. You must not use such marks without the prior written permission of KCC. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners. If you believe the material contained within the Services violates your intellectual property rights or these Terms of Service, please contact KCC at: info@kenilworthcookbookclub.com

 

App Store terms and conditions

You acknowledge that this Terms of Service is between KCC and you only, and that any third-party platform through which the App may be hosted (“App Store”), such as Google, Inc. (“Google”) or Apple Inc. (“Apple’), is not a party to this Terms of Service. You acknowledge that KCC is solely responsible for the App and the content thereof. You acknowledge that no App Store will have any obligation to provide any maintenance or support of the App.

 

You acknowledge and agree that if any of the terms of this Terms of Service are inconsistent or in conflict with the terms and conditions of any App Store that apply to your use of the Service, the terms and conditions of such App Store shall apply.

  

8. USER CONTENT

“User Content” means any and all information, data and content that a User uploads, posts, inputs, or submits to, or uses in connection with the Services, including without limitation, feedback, statements, photographs, video and other images of KCC members or KCC hosted or sponsored events. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Terms of Service and you are liable for any damages arising from a violation of the Terms of Service. Notwithstanding any other agreement you may have with KCC, your User Content is not confidential information and will not be treated as such by KCC. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by KCC. KCC is not obligated to backup any User Content, and your User Content may not always be accessible. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. 

 

You represent and warrant that you have obtained all necessary rights, consents, authorizations and permissions to provide and use the User Content (including all intellectual property rights therein) in connection with your use of the Services and that KCC’s use thereof as contemplated by these Terms will not infringe or violate (a) any third party intellectual property, publicity, privacy or other rights, or (b) any laws, including data privacy or protection laws in any jurisdiction. You agree not to provide any User Content in violation of any fiduciary duty, duty of confidentiality, or contractual obligation. You are solely responsible for any User Content and other information that you (or any of your Authorized Users) make available to KCC, whether or not through the Services. You shall notify KCC if you become aware that the Services are being used for any illegal or unauthorized purpose.

 

You grant us a royalty-free and fully-paid license to use, modify, and display your User Content throughout the world in any type of media now known or later devised for commercial, marketing, advertising, and public relations purposes in perpetuity.

 

You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. 

User Content involving KCC Events and/or KCC Members

You may take photographs or short videos at KCC events for your personal, non-commercial use, provided that doing so does not disrupt the experience for others or violate their privacy. By submitting User Content that includes other individuals, you represent that you have obtained their consent to include their likeness or information.

 

You acknowledge and agree that: (i) your User Content may be used on and may be viewable by visitors to or followers of our Website and social media pages (including but not limited to Facebook, Instagram, Twitter, and Pinterest); (ii) we may use your content in paid advertising, including on social media platforms and other websites; and (iii) you have the permission of all persons shown in your User Content to allow us post their image and/or likeness on our Services and social media pages.

 

9. DIGITAL MILLENNIUM COPYRIGHT ACT

KCC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any User Content deemed to have been posted or distributed in violation of any such laws. If you believe that your work has been copied on the Website, App, and/or the Services in a way that constitutes copyright infringement under the Digital Millennium Copyright Act (the “Act”), please email us at info@kenilworthcookbookclub.com. In your message, please provide notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

10. THIRD-PARTY CONTENT, ADVERTISEMENTS AND PROMOTIONS

The Services may contain links to third-party products or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. You acknowledge and agree that we are not a party to any business relationship you may enter into with a third-party and we are not responsible for any payment or transaction terms of any products or services associated with any Third-Party Content. 

 

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services.

 

11. WARRANTY DISCLAIMERS

THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND THAT KCC DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE. KCC IS NOT RESPONSIBLE FOR: ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICE; ANY CONTENT, INCLUDING KCC CONTENT AND USER CONTENT, POSTED ON THE SERVICE OR TRANSMITTED TO USERS; OR ANY INTERACTION OR CONTACT BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.

 

WE PROVIDE THE SERVICES "AS IS" AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE SERVICES, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.

 

FROM TIME TO TIME, KCC MAY MAKE THIRD-PARTY OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER THIRD-PARTY INFORMATION OR CONTENT AVAILABLE ON THE WEBSITE, APP, AND/OR THROUGH THE SERVICE. ALL THIRD-PARTY CONTENT IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS THEREOF AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH THIRD-PARTY AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. KCC DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE, APP OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE, APP OR SERVICE. UNDER NO CIRCUMSTANCES WILL KCC OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON KCC CONTENT OR OTHER CONTENT POSTED ON THE SERVICE.

 

12. LIMITATION OF LIABILITY   

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING THE MOBILE APPLICATION, WEBSITE, OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, IN NO EVENT WILL KCC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KCC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50).

 

KCC SPECIFICALLY DISCLAIMS ALL LIABILITY, DAMAGES, PERSONAL INJURIES AND OTHER LIABILITY OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, YOUR: USER CONTENT, FINANCIAL DATA, OR ANY OTHER DATA YOU SUBMIT TO KCC, INCLUDING THE LOSS OR UNAUTHORIZED ACCESS BY A THIRD PARTY OF ANY SUCH DATA; DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE; OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE. 

 

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

 

13. INDEMNIFICATION

You agree to indemnify and hold KCC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity or (iv) your User Content. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless KCC and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.

 

14. DISPUTES AND ARBITRATION 

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

  1. Binding Arbitration and Class Action Waiver If You Live In The United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

    1. Disputes Covered-Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us that in any way relates to or arises from your use or attempted use of the Site and all matters relating to or arising from this Agreement, including the validity and enforceability of this agreement to arbitrate, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.

    2. Send a Notice of Dispute Before Arbitration. If you have a dispute with KCC that our customer service representatives can’t resolve and you wish to pursue arbitration, you must first notify us in writing at the following email address: info@kenilworthcookbookclub.com, using the subject line “Notice of Dispute.” Your notice of dispute must be individual to you and must include, as applicable, your name, the email address, and your residential address. The notice of dispute also must describe the dispute, explain the facts of the dispute as you understand them, and tell KCC what you want us to do to resolve the problem. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this Section.

    3. Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).

    4. Arbitration Procedure. The AAA will conduct any arbitration under its Consumer Arbitration Rules. For more information, see www.adr.org or call 1-800-778-7879. This Agreement, including this Dispute Resolution clause, govern to the extent they conflict with any applicable AAA rules. To initiate an arbitration, submit the Demand for Arbitration form available at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf to the AAA and email a copy to info@kenilworthcookbookclub.com. The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties.

The arbitrator rules on all arbitrability issues, including scope, validity and enforceability of this arbitration agreement, except that a court has exclusive authority: (i) to decide whether the parties have complied with the pre-arbitration requirements (including the individualized Notice of Dispute and Demand for Arbitration form); (ii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or on public injunctive relief in arbitration; and (iii) to enjoin an arbitration from proceeding if it does not comply with this Section.

    1. Opting Out. You have the right to opt-out of this Dispute Resolution clause by personally signing and sending us notice by email to info@kenilworthcookbookclub.com. The notice must be sent within 30 days of the date on which you first accessed the Services after these terms were last updated (unless a longer period is required by applicable law); otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Dispute Resolution clause. If you opt-out of this Dispute Resolution clause, KCC also will not be bound by them.

    2. Severability. If, after exhaustion of all appeals, any part of this Dispute Resolution clause is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of this Dispute Resolution clause is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).

 

15. GOVERNING LAW

These Terms of Service, including the Privacy Notice, and any claim arising in connection to the foregoing will be governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of laws principles. 

 

16. SURVIVAL

After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.

 

17. ASSIGNABILITY

You may not assign the Terms of Service, or any of its rights or obligations hereunder, without KCC’s prior written consent in the form of a written instrument signed by a duly authorized representative of KCC. KCC may freely assign this Terms of Service without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

 

18. WAIVER AND SEVERABILITY

No waiver by KCC of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KCC to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

19. ACCESS OF THE SITE OUTSIDE THE UNITED STATES

Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

In order to access or use the Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Website, App, or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and Website, or App, and your license to use the Services will be immediately revoked.

 

20. CONSENT TO USE ELECTRONIC RECORDS

In connection with the Terms of Service, you may be entitled to receive certain records from KCC or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.

 

21. ENTIRE AGREEMENT

This Terms of Service, constitute the sole and entire agreement between you and KCC and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.

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22. CONTACT INFORMATION

For questions or concerns related to these Terms, please contact us at: info@kenilworthcookbookclub.com 

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