Terms of Service

Welcome to Accidental Chef, ABN.’s (“Chef”) FamilyRecipes.co website (the “Site”).  Any person (“Buyer”) that wishes to access the Site and purchase eBook(s) (“eBook”) on or through the Site, or on the website of Chef’s online business affiliate, must accept these Terms of Service.  

BY USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS AND CONDITIONS OF THE SITE’S [TERMS OF USE], WHICH ARE HEREBY INCORPORATED BY REFERENCE AND MADE A PART OF THESE TERMS OF SERVICE.
   
1. USE OF THE SITE

1.1.     The Site, www.familyrecipes.co is reserved exclusively for the offering of eBook for purchase.  eBook is offered for sale for “Single Use”.  Single Use is the Buyer’s use of the purchased eBook for their own personal use.  
1.2.     Use of the Site is limited to parties lawfully able to enter into and form contracts.    
1.3.     Buyer declares and guarantees that the purchase of products on Chef’s Site is strictly for Buyer’s Single Use.
1.4.     The purpose of these Terms of Service is the establishment of the rights and obligations of the Parties in relation to the sale of the eBook by Chef to the Buyer.  These rights and obligations are applicable without any exception to all sales completed on the Site.
1.5.     The Online Purchase service, governed by the Online Purchase Agreement (“Agreement”), is available to purchases delivered within the United States of America and its Territories.
1.6.     Chef reserves the right to modify the Agreement at any time; nevertheless, any purchase completed before modification of the Agreement shall be subject to the conditions of the former Agreement, including the prices and/or particular promotions.

2. CONCLUSION AND VALIDITY OF THE ONLINE PURCHASE AGREEMENT
2.1.     The Online Purchase Agreement (“Agreement”) for the purchase of eBook on this Site is concluded through the express consent to purchase indicated through the online procedure, after viewing a webpage providing the order summary containing the details of the Buyer and the order, the Total Purchase Price, the procedure and terms of payment, the delivery address of the eBook, and a copy of these Terms of Service.
2.2.     When Chef receives the order from the Buyer, it sends a printable confirmation email with a summary of the order and all details indicated in the previous clause, except for a copy of these Terms of Service.
2.3.     By submitting an order, the Buyer declares that he has read all notifications provided during the purchase procedure and full acceptance of the Agreement.

3. PRICES
3.1.     All sale prices for EBook displayed and indicated on the Site are expressed in U.S. Dollars and constitute an offer to the public.
3.2.     Chef reserves the right to change the eBook Purchase Price, delivery costs, and any ancillary costs at any time without warning. However, any order received before the change in price shall be charged at the previous Purchase Price.

4. DELIVERY OF EBOOK
4.1.     The eBook ordered by the Buyer on the basis of the Agreement shall be delivered to the email address indicated by the Buyer as the Order delivery address.
4.2.     The ordered eBook shall be sent within the regular work hour times, which period shall not exceed 30 (thirty) days from that following the date of submission of order by the Buyer, unless otherwise agreed by the Parties.  Chef shall not be held responsible for inefficiencies resulting from force majeure.
4.3.     No deliveries shall be made outside the United States of America or its Territories.
4.4.     All orders of eBook from Chef are final, and no refunds will be granted for any reason.

5. LICENSE
5.1.     Chef grants Buyer, subject to the Agreement and the Site’s [TERMS OF USE], a limited and revocable, non-exclusive license (“License”), without right to sublicense, to use the eBook for personal use.  In addition to any other requirements set forth in the Agreement, Buyer agrees to comply with all restrictions, requirements and conditions listed in this Section 5 to which the License is subject.
5.1.1. Buyer may not assign, sublicense or transfer the License.
5.1.2. Buyer shall not sell, redistribute, or publish, or authorize or permit anyone else to sell, redistribute, or publish the eBook.  
5.1.3. Buyer may not create derivative works based on the eBook.
5.1.4. Chef has the right, without limitation of other rights and remedies at law, in equity, or contract hereunder, to terminate the license at Chef’s discretion if Buyer does not comply with any of the provisions of these Terms of Service, the Agreement, or the provisions of the [TERM OF USE].  Unless sooner terminated, the license shall terminate upon Buyer’s completion or abandonment of the Project.

6. AS-IS SALE
6.1.     EBook displayed on the Site is sold “AS IS.”  CHEF MAKES NO GUARANTEE, WARRANTY, OR REPRESENTATION, EXPRESS OR IMPLIED, TO ANY BUYER WITH RESPECT TO ANY EBOOK, INCLUDING WITHOUT LIMITATION, ITS FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RARITY, IMPORTANCE, DESIGNER OR CREATOR, HISTORICAL RELEVANCE OR OTHERWISE.  EBOOK PURCHASED THROUGH SITE ARE NOT RETURNABLE.

7. RELEASE AND LIMITATION OF LIABILITY
7.1. BUYER RELEASES CHEF FROM ALL CLAIMS, DEMANDS, LIABILITIES, ACTIONS, LOSSES, AND DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE AND/OR DATA), RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE, ANY EBOOK OFFERED FOR SALE OR SOLD THROUGH THE SITE, OR NON-CONCLUSION OF A PURCHASE FOR REASONS FOR WHICH CHEF IS NOT RESPONSIBLE.  IF THE BUYER IS A CALIFORNIA RESIDENT, THE BUYER WAIVES CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IN ALL EVENTS, THE LIABILITY OF CHEF TO A BUYER IS LIMITED TO THE PURCHASE PRICE.

7.2. Chef shall not assume any responsibility for fraudulent and illegal use by third parties of the credit cards used for payment of the EBook purchased.

8. INDEMNITY
8.1. The Buyer agrees to defend, indemnify, and hold Chef harmless from all losses, damages, liabilities, injury to third parties or property, costs (including without limitation attorneys’ fees) and claims arising out of or related to the use of the Site by the Buyer, the purchase of eBook by the Buyer, the nature or quality of the eBook, and any disputes between the Buyer and any third party related to the use of the eBook.

9. FRAUD
9.1. The Buyer may not register or make offers for any eBook under a false name or use another Buyer’s password. Such fraudulent conduct is a violation of Federal and State law. If fraudulent conduct is identified, the Buyer will be denied access to the site and the conduct may be reported to law enforcement authorities.

10. WITHDRAWAL OF EBOOK
10.1. Chef reserves the right to withdraw the eBook from the Site or to amend any content on the Site at any time.  Chef will not be liable to the Buyer or any third party because it has withdrawn any eBook from the Site, amended any of the content or denied access to the Site.

11. COMPLIANCE WITH LAWS
11.1. The Site may be used only for lawful purposes and in a lawful manner. The Buyer agrees to comply with all applicable Federal and State laws and regulations regarding the use of the Site and any purchase conducted on or through the Site.

12. DATA PROTECTION AND PROCESSING OF PERSONAL DATA
12.1. Chef protects the data of the Buyers and guarantees that the processing of data shall be done in compliance with all applicable Federal and State data protection regulations.
12.2. Chef shall process the data and information transmitted by the Buyer in a confidential manner pursuant to Chef’s [Private Policy] and shall not disclose it to unauthorized persons, or use it for unauthorized purposes.  This data can only be disclosed pursuant to the order of a court or other government body, or as required by law.

13. AMENDMENTS
13.1. Chef may change the Terms of Service at any time, through publication of the updated version on the website www.familyrecipes.co.   
13.2. Any new clauses shall apply to sales made after publication of the relative amendments.

14. GENERAL PROVISIONS
14.1. If any provision of the Agreement is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Agreement and will not affect the validity and enforceability of the rest of the Agreement.  Failure of Chef to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to Chef under the Agreement or at law.  The Agreement represents the entire agreement between the Buyer and Chef with regard to the purchase by the Buyer of eBook sold by Chef on the Site, and the Agreement supersedes and replaces any other agreement between the parties including but not limited to any previous Agreement as they may have applied between the Buyer and Chef.
14.2. Any Buyer registered with Chef has permission to print in hard copy and electronically reproduce portions of the web site for the sole purpose of purchasing eBook from Chef.  No user may modify or reproduce any materials obtained from this Site for purposes of including the modified or reproduced materials on the user’s own site.
14.3. Any notice required to be made under the Agreement to Chef shall be given by postal mail addressed to Accidental Chef, ABN, 1693 S. Coronado Ave., Boise, ID 83709, or by email at info@familyrecipes.co, and to Buyer by the e-mail address provided to Chef by the Buyer upon registration.  Notice to the Buyer shall be deemed to have been given 24 hours after the e-mail was sent, unless Chef is notified that the e-mail address is invalid, in which event Chef may give notice by postal mail at the address provided to Chef by the Buyer upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.  Any party hereto may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other party notice in the manner herein set forth.
14.4. The Agreement between the Buyer and Chef is governed by the laws of Idaho.    The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or federal courts located in the State of Idaho.
14.5. The headings in these Terms of Service and in the Agreement are for convenience only and are not to be considered in construing it.
14.6. Sections 5, 6, 7, 8, 12, and 14 shall survive termination of the Agreement.

Last Updated: 8/23/2016

 

 

Home | Contact Us | Privacy Policy | Terms of Service | Terms of Use | Affiliate

Copyright © 2016 Debbie Smith. All Rights Reserved

 

ClickBank is the retailer of products on this site. CLICKBANK® is a registered trademark of Click Sales, Inc., a Delaware corporation located at 917 S. Lusk Street, Suite 200, Boise Idaho, 83706, USA and used by permission. ClickBank's role as retailer does not constitute an endorsement, approval or review of these products or any claim, statement or opinion used in promotion of these products.