Effective date: 01/10/2023
By accessing or using the Site, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to accept this Agreement, you may not access or use the Site. Where this Agreement is updated or modified as described in this Agreement, any subsequent use by you of the Site shall constitute and be deemed your unconditional acceptance of the updated Agreement.
- Intellectual Property. All content included on the Site is and shall continue to be the property of The Dizzy Cook, LLC (“The Dizzy Cook”) and is protected under applicable copyright, trademark, and other proprietary rights. This includes, but is not limited to, THE DIZZY COOK® registered trademark and all text and photographs in which The Dizzy Cook holds copyrights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
You are authorized to view and retain a copy of pages of the Site only for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Site (or printed pages produced from the Site).
- Site Content. All content on the Site is posted for entertainment, educational and/or promotional purposes only. You may and should not rely on any information or opinions expressed on the Site for any other purpose. The Site does not provide any medical advice; no content published on the Site is intended to be professional medical advice, diagnosis or treatment, or a substitute thereof. Under no circumstances will The Dizzy Cook be liable for any loss or damage caused by your reliance on any content posted on the Site. In some instances, the Site will incorporate content that is posted by a third party or will represent the opinions and judgments of a third party. The Dizzy Cook does not endorse, warrant and is not responsible for the accuracy, timeliness, completeness or reliability of any opinion, advice or statement made on the Site by anyone other than employees and spokespersons of The Dizzy Cook while acting in their official capacities.
- User Content. Portions of the Site may allow you to post comments, suggestions, feedback, or other content (“User Content”). You are solely responsible for User Content that you post or upload on the Site. By submitting User Content, you agree to:
- not post anything that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy or publicity of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;not post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, harassment, theft, or conspiracy to commit any criminal activity;not post anything that infringes or violates any right of a third party including (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation;not post anything that (a) does not generally pertain to the designated topic or theme of this Site; (b) violates any specific restrictions applicable to this Site, including age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming,” “flooding,” or “trolling,” as those terms are commonly understood and used on the Internet;not post anything that: (a) expresses or implies that any statements you make or actions you take are endorsed by us; (b) impersonates another person (including celebrities); (c) indicates that you are a Dizzy Cook employee, representative of the Dizzy Cook; or (d) attempts to mislead users by indicating that you represent the Dizzy Cook or any of the Dizzy Cook’s partners or affiliates;not post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); and
- not post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity enjoyment of the Site.
We strive to provide an enjoyable online experience for our users, so we may—but are not obligated to—monitor any or all activity on our Site to foster compliance with this Agreement. We reserve the right to remove any User Content that in whole or in part, at our sole discretion, violates this Agreement, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. We also reserve the right to deactivate any relevant account or otherwise prevent your use and/or participation on the Site at any time and for any reason. If you have reason to believe that another person is using the Site in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies.
Please note that we do not make any representations, warranties or guarantees that: (i) the Site, or any portion thereof, will be monitored (e.g., for accuracy or unacceptable use); (ii) apparent statements of fact will be authenticated; or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with this Agreement. We generally do not pre-screen any communications, content or other materials before they are posted, uploaded, transmitted, sent or otherwise made available on the Site by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, inappropriate, and/or violates this Agreement.
We have the right, but not the obligation, to delete any communications, content or other materials on the Site at any time without notice or liability to you.
- Third Party Links. The Site may contain links to other sites maintained by third parties. The Dizzy Cook does not operate or control, in any respect, or necessarily endorse the content found on these third-party sites. You assume sole responsibility for your use of third-party links. The Dizzy Cook is not responsible for any content posted on third-party sites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their sites.
- Site Use. The Dizzy Cook grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of The Dizzy Cook.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that any information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify, defend and hold The Dizzy Cook its partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE DIZZY COOK DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE DIZZY COOK BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
- Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a.) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b.) A description of the copyrighted work that you claim has been infringed
(c.) A description of where the material that you claim is infringing is located on the Site
(d.) Your address, telephone number, and e-mail address
(e.) 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; and
(f.) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Alicia Wolf who can be reached as follows:
By Mail: 10228 E. Northwest Hwy Unit 205 Dallas, TX 75238
By E-mail: firstname.lastname@example.org
12. Applicable Law. You agree that the laws of the state of Texas, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and The Dizzy Cook or its affiliates.
13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. Waiver. The failure of The Dizzy Cook to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.Any waiver of this Agreement by The Dizzy Cook must be in writing and signed by an authorized representative of The Dizzy Cook.
16. International Visitors. This Site is solely directed to individuals residing in the United States. The Dizzy Cook makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
18. Entire Agreement. This Agreement constitutes the entire agreement between you and The Dizzy Cook and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Dizzy Cook with respect to this Site.The Dizzy Cook may revise this Agreement at any time by updating this Agreement and posting it on the Site.Accordingly, you should visit the Site and review the Agreement periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement.
19. Contact Information. The Dizzy Cook 10228 E. Northwest Highway Unit 205 Dallas, TX 75238, email@example.com