TERMS OF USE
Last updated August 22, 2020
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and Gutsy Baker ("Company", “we”, “us”, or “our”), concerning your
access to and use of the http://www.gutsybaker.com website as well as
any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively,
the “Site”). You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms of Use. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date
of these Terms of Use, and you waive any right to receive specific notice
of each such change. It is your responsibility to periodically review these
Terms of Use to stay informed of updates. You will be subject to, and will
be deemed to have been made aware of and to have accepted, the
changes in any revised Terms of Use by your continued use of the Site
after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Site.
You may not use the Site in a way that would violate the Gramm-Leach-
Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained
therein (the “Marks”) are owned or controlled by us or licensed to us, and
are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly provided in
these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed,
or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal
capacity and you agree to comply with these Terms of Use; (2) you are
not a minor in the jurisdiction in which you reside; (3) you will not access
the Site through automated or non-human means, whether through a
bot, script, or otherwise; (4) you will not use the Site for any illegal or
unauthorized purpose; and (5) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion
thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create
or compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features
of the Site, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Site and/or the Content
contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or
harm another person.
6. Make improper use of our support services or submit false reports of
abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or
regulations.
8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Site.
9. Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
10. Delete the copyright or other proprietary rights notice from any Content.
11. Attempt to impersonate another user or person or use the username of
another user.
12. Sell or otherwise transfer your profile.
13. Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”).
14. Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
16. Attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.
17. Copy or adapt the Site’s software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
18. Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
19. Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized script
or other software.
20. Use a buying agent or purchasing agent to make purchases on the
Site.
21. Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
22. Use the Site as part of any effort to compete with us or otherwise use
the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
23. Copy and share recipes without prior consent and approval by the
Author, Gusty Baker
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or
on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information
or other material (collectively, "Contributions"). Contributions may be
viewable by other users of the Site and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential
and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not
and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site,
and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against
another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any
third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the
age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors;
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site in violation of the foregoing violates these Terms of
Use and may result in, among other things, termination or suspension of
your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically
grant, and you represent and warrant that you have the right to grant, to us
an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of,
or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur
in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact,
or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site;
and (3) to pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your
Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability; (4) your reviews
should not contain references to illegal activity; (5) you should not be
affiliated with competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a
campaign encouraging others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete reviews,
even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or
the views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-
exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit
by any means, display, perform, and/or distribute all content relating to
reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that
you have the right to submit such Submissions. You agree there shall be
no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third-Party Websites accessed through the
Site or any Third-Party Content posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-
Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Site and access the Third-Party Websites
or to use or install any Third-Party Content, you do so at your own risk,
and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and
data gathering practices, of any website to which you navigate from the
Site or relating to any applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between
you and the applicable third party. You agree and acknowledge that we
do not endorse the products or services offered on Third-Party Websites
and you shall hold us harmless from any harm caused by your purchase
of such products or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Site, such as sidebar advertisements
or banner advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any
services provided on the Site or products sold through those
advertisements. Further, as an advertiser, you warrant and represent
that you possess all rights and authority to place advertisements on the
Site, including, but not limited to, intellectual property rights, publicity
rights, and contractual rights. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to
be bound by our Privacy Policy posted on the Site, which is incorporated
into these Terms of Use. Please be advised the Site is hosted in the United
States. If you access the Site from any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through your
continued use of the Site, you are transferring your data to the United
States, and you agree to have your data transferred to and processed
in the United States.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that
any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify us using the
contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Site infringes your copyright, you
should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use
the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT
OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive
redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Site
without notice at any time. We will not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of the
Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access
or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State
of __________ applicable to agreements made and to be entirely
performed within the State of __________, without regard to its conflict of
law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Terms of Use (each a "Dispute" and collectively,
the “Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally
for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved through binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and,
where appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes ("AAA Consumer Rules"), both of which are available
at the AAA website: www.adr.org . Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. If such
costs are determined by the arbitrator to be excessive, we will pay all
arbitration fees and expenses. The arbitration may be conducted in
person, through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator
must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place
in Los Angeles, California. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on
the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal
courts located in Los Angeles, California, and the Parties hereby consent
to, and waive all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such state and
federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the the Uniform
Computer Information Transaction Act (UCITA) is excluded from these
Terms of Use.
In no event shall any Dispute brought by either Party related in any way to
the Site be commenced more than one (1) years after the cause of action
arose. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion
of this provision found to be illegal or unenforceable, and such Dispute
shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations and binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning
the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.
CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on
the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US OR __________. CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your Contributions; (2) use of
the Site; (3) breach of these Terms of Use; (4) any breach of your
representations and warranties set forth in these Terms of Use; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Site with whom you connected via the Site. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose
of managing the performance of the Site, as well as data relating to your
use of the Site. Although we perform regular routine backups of data,
you are solely responsible for all data that you transmit or that relates to
any activity you have undertaken using the Site. You agree that we shall
have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such
loss or corruption of such data.
ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on
the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our rights
and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of these
Terms of Use or use of the Site. You agree that these Terms of Use will
not be construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form
of these Terms of Use and the lack of signing by the parties hereto to
execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Gutsy Baker
947 17th Street
Santa Monica, CA 90403
United States
gutsybaker@gmail.com