Refined Palate provides use of its refined-palate.com websites and other related online resource pages (collectively, “Service(s)”) to you subject to the following Terms of Service (“TOS”). These TOS apply to all site visitors, customers, and all other users of the services (“You”). By using the Service, you agree to these TOS, without modification, and acknowledge reading them.
USE OF SERVICE
The Services contain intellectual property owned by Refined Palate, including trademarks, copyrights, proprietary information, and other intellectual property (“Intellectual Property”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Service, Content on website (“Content”) or intellectual property, in whole or in part, without prior written consent from Refined Plate.
Content provided as part of Services related to Recipes, Blogging, and other Content are subject to change. Refined Palate makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The content contained in or made available through Services is provided for informational purposes only and should not be construed as rendering consulting, design, or other professional advice of any kind. Your use of Services does not give rise to a client, advisory, fiduciary or professional services relationship between you and Refined Palate. Refined Palate disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
With respect to messages, comments, photos, or other material (“Material”) you submit or make available for inclusion on publicly accessible areas of the Service, you grant to Refined Palate and all users of the Service a worldwide, royalty-free and non-exclusive, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Material (in whole or in part) and to incorporate such Material into other Services in any format or medium now known or later developed.
Additionally, with respect to Material you submit or make available for inclusion on publicly accessible areas of the Services, you represent and warrant that: (a) you have the right to grant such license and make such Material available to Refined Palate (b) none of the Material you provide contains any material that is confidential, non-public, owned by or otherwise proprietary to a third party, restricted or protected from use by any individual, entity or other party for any use by a third party; and (c) does not violate applicable law; infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party or use.
You acknowledge that Refined Palate may or may not pre-screen Content, but that Refined Palate shall have the right (but not the obligation) to remove Content from the Service that Refined Palate determines, in its discretion, may create liability or damages to Refined Palate.
The Service may provide, or third parties may provide, links to other web sites or resources. Because Refined Palate has no control over such sites and resources, you acknowledge and agree that Refined Palate is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Refined Palate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND REFINED PALATE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) REFINED PALATE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REFINED PALATE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MINIMUM PERIOD ALLOWED BY LAW. IN NO EVENT SHALL REFINED PALATE’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM REFINED PALATE, AND IF NO PURCHASE HAS BEEN MADE BY YOU MINIMALIST BAKER LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REFINED PALATE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REFINED PALATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
You agree to indemnify and hold Refined Palate and its subsidiaries, affiliates, officers, agents, employees, partners and licencors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) Content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your connection to the Service; (d) your violation of the TOS; or (e) your violation of any third party’s rights.
The TOS constitutes the entire agreement between you and Refined Palate concerning your use of the Service, superseding any prior agreements between you and Refined Palate with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Refined Palate services, affiliate services, third-party content. The TOS and the relationship between you and Refined Palate shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Refined Palate agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Ontario. The failure of Refined Palate to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
This TOS is subject to occasional revision, which will be posted on our website. Any changes to this TOS will be effective immediately once posted. Continued use of the Service following any changes shall indicate your acknowledgement of such changes and agreement to be bound by the TORs of such changes.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. In order to access or use certain Services, you may be required to provide certain information about yourself (“Registration Data”) as part of the registration process for the Service, or as part of your continued use of the Services. You also agree to: (a) provide true, accurate, current and complete Registration Data as prompted or requested by the Service and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You understand and agree that the Service may include certain communications from Refined Palate, such as service announcements and administrative messages, and that you may not be able to opt out of receiving them. If you provide any information that is untrue, inaccurate, not current or incomplete, or Refined Palate has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Refined Palate has the right to suspend or terminate your account, prevent your access to any or all portion of the Services and or Content and refuse any and all current or future use of the Service (or any portion thereof) or Content. You certify that you are at least 18 years old; if you are not, you may not register for or use the Service.
Updated March 13, 2016