Last updated [February 14, 2020]
This Agreement includes a class action waiver and an arbitration provision that governs any disputes between you and INSPIRED TASTE.
Acceptance. By accessing, browsing, or using our Site, you agree to be unconditionally bound by these Terms. You can accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement, electronic form, or the user interface for any service we offer, or by actually using the Site. If you are accessing the Site or Services on behalf of a legal entity, you represent and agree that you are authorized to act on behalf of the legal entity and to bind such legal entity to these Terms. These Terms will remain in effect while you use the Site or the Services. If you do not agree and accept these Terms, you may not use, and must immediately cease all use of, the Site and our Services. If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org.
Eligibility. You represent and warrant that you are at least 16 years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are under age 16, you may not use or access the Site, unless explicitly authorized by Inspired Taste. If Inspired Taste discovers or has any reason to suspect that you are not at least 16 years of age, Inspired Taste reserves the right to suspend or terminate your access to the Site immediately and without notice.
Consent to Do Business Electronically. By accessing our Site, registering with Inspired Taste, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (a) Inspired Taste communicating with you electronically; (b) receiving all applications, notices, disclosures and authorizations (collectively, “Records”) from Inspired Taste electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. Inspired Taste will use electronic documents for all communications, agreements, disclosures, authorizations and other documents necessary to provide you with the Site or Services. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files (such as Adobe® Acrobat® Reader) to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Site and keep them for your own reference. If you require assistance with your Records, or if you wish to receive records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at email@example.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
Additional Terms. Prior to access and use of certain areas of the Site or other Services, you may be presented and required to agree to additional terms in lieu of or in addition to these Terms (“Additional Terms”). Additional Terms may be presented online or offline, in either electronic or hardcopy form. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will govern.
Communications from Inspired Taste. We may use your contact information to communicate with you about your use of our Site or Services. For example, we may send you service announcements or administrative communications by email, phone, mail or other means. You understand that you receive these communications as part of your use of the Site or Services.
Proprietary Rights & License. Inspired Taste is a registered trademark, in the US and/or other countries, of Inspired Taste Inc. Other logos, trademarks, services marks, product, or company names mentioned herein are the property of their respective owners. All recipes, instructions, images, illustrations, designs, photographs, video clips, text, icons, research, insights, portfolios, reports, written information and other materials that appear on the Site and all other applications developed for products or services offered by Inspired Taste (collectively, the “Content”) are subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Inspired Taste. Your use of the Content, trademarks, service marks, trade dress and copyrighted material displayed on this Site, other than as provided in the Terms or any Additional Terms, is strictly prohibited. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Except as permitted in the Terms or Additional Terms, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, or otherwise exploit the Content. Inspired Taste and its affiliates and licensors reserve complete title and full intellectual property rights in any Content you download from this Site and reserve all intellectual property rights that are not expressly reserved herein.
Site Content Use. Accessing the Site does not authorize you to use any name, logo, trademark or service mark in any manner. We only grant you permission to display, download, and print in hard copy format other Content for the purposes of using the Site as a personal resource. You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, or photocopy any of the Content without the prior written permission of Inspired Taste or the applicable owner. Specifically, you may not:
- Modify copies of any Content.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights or notices from copies of Content.
- Access or use any part of the Content or any services or materials available through the Site for purposes other than those granted by these Terms or under Additional Terms.
Inspired Taste may grant third parties the right to link another website to the Site through a URL linking mechanism supplied by Inspired Taste. Any request for such right must be made to Inspired Taste in writing. Any alteration, change, modification, adjustment or revision to the linking mechanism must be approved by Inspired Taste in writing prior to implementation. The permissions described above will terminate automatically if you breach any of these Terms or Additional Terms. Any other use of the Content on this Site including reproduction for purposes other than as granted to you, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Inspired Taste, is strictly prohibited.
The Site is protected by technical and organizational security mechanisms. If you violate or attempt to violate any of the security protections employed by Inspired Taste, through the Site or otherwise, you may face civil or criminal liability. We will investigate all suspected violations and may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disable your Account, and corresponding user name, password, or other identifier at any time and in our sole discretion if, in our opinion, you have violated any provision of these Terms, or Additional Terms.
User Generated Content. Site visitors have the opportunity to publish, transmit, submit or otherwise post on the Site comments, photos, or other materials information, content, graphics, text, images, software, sound files, video, communications, documents, or other materials that are provided, posted, uploaded, or otherwise submitted to the Site by users of the Site (“User Generated Content”). Site visitors must provide Inspired Taste with a valid email address in order to publish User Generated Content. Inspired Taste does not control and is not responsible or liable for any User Generated Content. Additionally, User Generated Content must not:
- Contain any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
- Violate Inspired Taste’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act;
- Create or threaten harm to any person or loss or damage to property;
- Include others’ Personal Information or any other information that may be used to track, contact, or impersonate that individual;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of Inspired Taste or any other person, or violate the terms of any contract in respect of such intellectual property or proprietary rights;
- Seek to harm or exploit children by exposing them to inappropriate content, asking for Personal Information or otherwise;
- Misrepresent your identity or affiliation with any person or organization;
- Seek to collect others’ email addresses, usernames, or passwords by any means;
- Seek to transmit chain letters, bulk or junk email, or to interfere with, disrupt or create an undue burden on Inspired Taste or the networks or services connected to the Site, or to install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties;
- Relate to commercial activities such as contests, sweepstakes, or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
- Be otherwise objectionable as determined by Inspired Taste at our sole discretion.
You acknowledge, represent, and agree that all User Generated Content submitted by you (“Your Content”) is submitted voluntarily and is not confidential or proprietary and that Inspired Taste will not treat it as such. You grant to Inspired Taste a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license to Your Content to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell, and sell, rent, lease or lend copies of Your Content (and derivative works thereof), and to publish your name and other information about you in connection with Your Content. Inspired Taste reserves the right to, but is under no obligation to, post, moderate or modify User Generated Content on the Site and may, in its discretion, edit, block, refuse to post, or remove any User Generated Content (including Your Content) at any time. You represent and warrant that you have the rights necessary to grant the rights in this paragraph and that Your Content does not infringe the rights of Inspired Taste or any third party or violate any agreement with Inspired Taste or any third party, or any applicable law. If Inspired Taste suspects violations of the foregoing, Inspired Taste may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for Your Content and any other User Generated Content you provide to Inspired Taste or make available through the Site.
Site Security Features. You are strictly prohibited from violating or trying to violate the security features of the Site, such as by:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing
- Attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing.”
- Sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents that we make available on this Site and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Privacy Notice. When you use or access the Site, you authorize Inspired Taste to collect, use, transmit, process, and store information about you in accordance with our Privacy Notice.
Support and Availability. Inspired Taste aims to provide the Site in accordance with these Terms, but has no obligation to provide support in relation to the Site, Content, your Account, or User Generated Content. Inspired Taste does not guarantee availability of the Site, Content, your Account, or User Generated Content and your access is permitted only if and when they are available. The Site may be unavailable for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Inspired Taste reserves the right to discontinue your access to the Site, your Account, or to any Content provided or made available to you through use of the Site at any time without notice to you. If you would like to request support for the Site, please contact us at firstname.lastname@example.org.
Changes To These Terms. Inspired Taste reserves the right to change these Terms at any time. Inspired Taste will give you notice of any changes by making the updated Terms available through the Site, sending you an e-mail, or by any other reasonable means. The updated Terms are binding on you as of the effective date indicated therein. If you do not want to agree to the updated Terms, you must terminate your Account and stop using the Site and Content. Your continued use of the Site after the effective date will constitute your acceptance of the updated Terms.
Third-Party Products and Services. You may need to use or obtain additional products or services in order to use the Site or Content, such as internet access, a device, or a data connection. You must obtain all third-party products and services separately and pay all associated charges. Inspired Taste does not endorse, sponsor, or have control over any third-party products or services and will not be responsible for any third-party products or services.
Termination. You may discontinue use of our Services at any time. However, Inspired Taste is under no obligation to issue a refund for any prepaid fees associated with your use of our Services. Inspired Taste reserves the right to terminate your use of our Services, these Terms, and/or suspend or terminate the Site at any time with or without prior notice. Any rights or obligations contained herein intended by their nature to survive termination, shall remain in effect after such termination.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. INSPIRED TASTE AND ITS SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, INSPIRED TASTE, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE SITE, CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SITE, CONTENT, AND USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INSPIRED TASTE OR ANY SUPPLIER, OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT, EVEN IF INSPIRED TASTE OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability and Exclusive Remedy. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED ELSEWHERE IN THESE TERMS, INSPIRED TASTE AND ITS SUPPLIERS’, AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT, WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE UP TO U.S. $100.00. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Independent Remedies. The Disclaimer of Certain Damages paragraph is independent of your Exclusive Remedy described in the preceding paragraph, and it survives even if the Exclusive Remedy fails its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability set forth herein applies without regard to whether loss, liability, or damage arises from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
Notice on Potential Limits of Terms. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in these Terms shall be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this paragraph may not apply to you.
Indemnification. You agree to defend, indemnify, and hold Inspired Taste and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your User Generated Content or your use of the Site; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law. Inspired Taste reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Inspired Taste in asserting any available defenses.
Class Action Waiver. You hereby waive any right to commence or participate in any class action lawsuit against INSPIRED TASTE related to any claim, dispute or controversy, and, where applicable, you hereby agree to opt out of any class proceeding against VERNIER otherwise commenced.
Geographic Restrictions. Inspired Taste controls and operates the Site from its offices within the United States. You acknowledge that you may not be able to access all or some of the Site, or Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you choose to access the Site or Services from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
Governing Law and Venue. These Terms will be governed by and construed in accordance with the laws of the State of Washington without reference to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in Seattle, WA for any and all disputes, claims, and actions arising from or in connection with the Site or these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
General. Paragraph titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” Inspired Taste’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on Inspired Taste if it is in a written document signed by Inspired Taste. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and Inspired Taste intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Inspired Taste agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Inspired Taste may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of Inspired Taste’s successors and assigns. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and Inspired Taste with respect to the Site. Both you and Inspired Taste warrant to each other that, in entering this agreement, neither Inspired Taste nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Inspired Taste, or Inspired Taste’s successors and assigns, will have any right to enforce these Terms.
Contact. Inspired Taste will provide all notices (including legal process) that Inspired Taste is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to Inspired Taste. You acknowledge that if you do not provide Inspired Taste with current and accurate contact information, Inspired Taste may not be able to contact you. You agree to send Inspired Taste notice by email to email@example.com.