1. Changes to Terms
We reserve the right, at any time, to modify or update the Terms without notice. We will post changes to the Terms on the Website. It is your responsibility to check the Website periodically for changes. Your continued use of the Website after any changes to the Terms constitutes your acceptance of the revised Terms.
2. Age Requirement
The Website is directed to, and intended for use by, individuals 13 years of age or older. Children under the age of 18 but at least 13 years of age may use the Website only with the verifiable consent of a parent or legal guardian who has agreed to be bound by the Terms.
All purchases, ratings and reviews should be made by someone 18 years of age or over. If you are under 18, the payment for any purchase must be made by or approved by a parent or legal guardian.
3. License and Access
CAULIPOWER grants each user a limited license to access and make personal use of the Website and Website content only for noncommercial purposes and only to the extent such use does not violate these Terms. The Website’s content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in an unauthorized manner in any form or by any means, in whole or in part. Nothing herein grants you any license or right to use any of Our content, including Our trademarks, service marks, logos, slogans or taglines, or any software relating to CAULIPOWER. The following is a partial list of the kinds of activities that are prohibited on Our Website and/or with respect to use of any Website content: any resale or commercial use of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website; any downloading, copying, or other use of the Website for the benefit of any third party; any use of data mining, robots, spider, or similar data gathering and extraction tools to monitor or copy Website content or for any other unauthorized purpose without Our prior written consent; using any device, software or routine to interfere or attempt to interfere with the operation of the Website; taking any action that imposes an unreasonable or disproportionately large load on CAULIPOWER's hardware or software associated with the operation of the Website. All rights not expressly granted to you in these Terms are reserved and retained by CAULIPOWER and/or its content providers. The Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CAULIPOWER. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of content on the Website without express written consent. You may not use any meta tags or any other “hidden text” utilizing CAULIPOWER’s name or trademarks without the express written consent of CAULIPOWER. You may not misuse the Website. You may use the Website only as permitted by law. The licenses granted by CAULIPOWER terminate if you do not comply with these Terms.
4. Intellectual Property
We either own the intellectual property rights, including copyright protected by U.S. and international copyright laws, in the underlying HTML, text, images, audio clips, video clips, software, design, graphics, logos, buttons, icons, interfaces and other content, the selection and arrangements thereof, that is made available to you on this Website (collectively or individually, the “Content”), or we have obtained the permission of the owner of the intellectual property in such Content to use the Content on this Website. We prohibit the copying, redistribution, modification or public display of any Content on this Website without our express written permission.
CAULIPOWER will promptly investigate notices of alleged intellectual property infringement on the Website and take appropriate action under the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to an online service provider's designated agent. Notification must be submitted to the following designated agent for this Website:
DMCA Designee - CAULIPOWER
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
200 South Wacker Drive
Chicago, IL 60606
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The trademarks and service marks used on the Website, whether identified by ®, ™ or SM symbols, appearing in type form different from that of the surrounding text, or consisting of graphics, logos, page headers, button icons, scripts, or service names, are marks that we own or have obtained the necessary permissions or licenses to use. CAULIPOWER’s trademarks, trade names, and trade dress may not be used in connection with any product or service that is not CAULIPOWER, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CAULIPOWER. All other trademarks not owned by CAULIPOWER that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CAULIPOWER.
5. Third-Party Websites
6. User Transactions
If you wish to purchase any product made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to CAULIPOWER the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Website does not imply or warrant that these products or services will be available.
CAULIPOWER reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
If we make a mistake on your order, we’ll be happy to correct it! Please reach out to firstname.lastname@example.org within 3 days of damaged, defective, or incorrect items being delivered. Please do not attempt to send frozen food items back to us!
7. Customer Ratings and Reviews
CAULIPOWER may allow you to create customer reviews and ratings for its products and recipes on the Website (“User Content”), and such User Content may be made available on the Website.
By submitting User Content to the Website, you: (a) voluntarily waive all “moral rights”, rights of attribution and/or rights of integrity that you may have in such content; (b) must be at least 18 years of age or older; and (c) represent and warrant that you are the sole author and owner of any intellectual property rights in the User Content and that the User Content: (1) is accurate and will not cause any harm, damage, or other injury to any person or entity; (2) is not known to be false, inaccurate, or misleading; (3) does not infringe or misappropriate any third-party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (4) does not violate any law, statute, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, or false advertising); (5) is not, or may not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation; (6) was not created in exchange for compensation or any consideration by an unapproved third-party; (7) does not include any information that references other websites, addresses, email addresses, contact information, or phone numbers; and (8) does not contain any computer viruses, worms or other potentially damaging computer programs or files.
By submitting User Content to the Website, you further grant CAULIPOWER a perpetual, irrevocable, royalty-free, fully-transferable, fully-sublicensable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such User Content and/or incorporate such User Content into any form, medium, or technology throughout the world, all without compensation to the user.
All User Content may be used at CAULIPOWER’s sole discretion. CAULIPOWER reserves the right to change, condense, withhold publication, remove, or delete any User Content on the Website that CAULIPOWER deems, in its sole discretion, to violate any provision of the Terms. CAULIPOWER does not guarantee any recourse through CAULIPOWER to edit or delete any User Content submitted. Ratings and written comments are generally posted within two to four business days. However, CAULIPOWER reserves the right to remove or to refuse to post any submission to the extent authorized by law. None of the User Content shall be subject to any obligation of confidence on the part of CAULIPOWER, its agents, subsidiaries, affiliates, partners, or third party service providers and their respective directors, officers, and employees.
8. Disclaimer of Warranty and Limitation of Liability
CAULIPOWER cannot and does not represent or warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THIS WEBSITE (INCLUDING ALL SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE) IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM US OR ANY OWNERS OF CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE IS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL WE, OUR AFFILIATES, AGENTS OR OTHER THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER OR NOT BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
BY USING THIS WEBSITE, YOU HEREBY RELEASE US, OUR EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS FROM ANY AND ALL CLAIMS, DAMAGES OR LOSSES OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY HAVE AGAINST US OR THEM ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEBSITE.
9. Severability and Waiver
If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our delay or failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms do not, and shall not be deemed to, constitute a relationship of a partnership, joint venture, employee, or agent with the authority to bind the other under any contract, agreement, or otherwise between you and CAULIPOWER.
You will indemnify and hold us (and our affiliates, subsidiaries, related entities, and our and their respective officers, directors, employees, and agents) harmless from and against all claims, demands, liabilities, damages, losses, and expenses, including but not limited to reasonable legal fees, due to or arising out of your breach of these Terms, your use of the Website, or your breach of any law or the rights of a third party.
11. Governing Law and Dispute Resolution
These Terms will be governed by the laws of the state of Delaware without regard to conflict of law principles. You hereby agree that any cause of action that you may have with respect to this Website and any other dispute arising out of these Terms or your use of this Website shall be resolved exclusively by the state or federal courts located in Delaware within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the state or federal courts located in Delaware and wave any objection based upon forum non conveniens. As a condition of using this Website, you agree that all causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action.
12. Entire Agreement
These Terms shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between you and CAULIPOWER with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by you shall be deemed rejected by CAULIPOWER without need of further notice and shall not be part of these Terms or in any way binding upon CAULIPOWER.
If you have questions about these Terms, please send an e-mail to email@example.com.
Effective May 14, 2020
© 2020 CAULIPOWER, LLC. All rights reserved