Welcome to our website cooks-standard.shop (the “Website”). This Website is operated by Cooks Standard (“We”/”Us”/”Our”). We offer visitors to our Website (“You”/”Your”/”User(s)”) access to our Website subject to the following Terms and Conditions.
1. Acceptance of Terms
By accessing and using our Website, You agree to be bound by these Terms and Conditions and all terms incorporated herein by reference. We may amend these Terms and Conditions at any time by posting the amended terms on our Website. It is Your responsibility to review these Terms and Conditions regularly. Your continued use of our Website after any changes to these Terms and Conditions constitutes Your acceptance of such changes.
2. Use of Website
A. Permission to Use Website. We grant You a limited, personal, non-exclusive, non-transferable, revocable license to use our Website in accordance with these Terms and Conditions. All content included on Our Website, including but not limited to text, graphics, logos, images, material, and software, is the property of Cooks Standard or Our content suppliers and protected by United States and international copyright and trademark laws.
B. Restrictions on Use. Your license to use our Website is conditioned on the following use restrictions and prohibitions:
- You shall not reproduce, distribute, publicly display, or publicly perform content from Our Website without Our prior written consent.
- You shall not restrict or inhibit any other User from using and enjoying Our Website.
- You shall not defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
- You shall not access, monitor, or copy any content or information from Our Website using any robot, spider, scraper, or other automated means or manual process without Our express written permission.
- You shall not interfere with or attempt to interfere with the proper working of Our Website.
- You shall not violate any applicable laws, regulations, or third party rights in Your use of Our Website.
- You shall not use Our Website for any illegal or unauthorized purpose.
C. Availability of Website. We will use reasonable efforts to maintain Our Website. However, there will be occasional downtime for maintenance and repairs as well as causes beyond our control. We shall have no liability for any interruption, outage, or unavailability of Our Website.
D. Website Security. You are prohibited from violating or attempting to violate the security of Our Website. Any such violations may result in criminal and civil liabilities to You. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations include, without limitation:
- Accessing data or materials not intended for You.
- Attempting to probe, scan, or test the vulnerability of a system or network.
- Breaching security or authentication measures without authorization.
- Accessing or using Our Website accounts of others without authorization.
- Interfering with service to any user, host, or network including denial of service attacks, flooding, spamming, or attempts to overload the system and crash the Website.
E. Linking to Our Website. You may provide links to Our Website on another website, blog, social media platform, or other referencing resource subject to the following linking terms and conditions:
- Any link You incorporate shall only link to the homepage of Our Website.
- You are prohibited from framing or using framing techniques to enclose Our Website content or material.
- You may not imply that We are endorsing Your website, products or services.
- You may not misrepresent Your relationship with Us or present any false information about Our products or services.
- You may not use Our logos or trademarks without Our prior written consent.
- You may not use any meta tags or hidden text containing Our name, trademark, or variations thereof without Our prior written consent.
F. Submissions. Any material, information, or idea You transmit or post to Our Website by any means will be treated as non-confidential and non-proprietary (“Submissions”). We will have no obligations concerning Submissions and may use or disclose any Submissions for any purpose without restriction or compensation to You. You acknowledge that any Submissions may be used by Us for any purpose including reproduction, disclosure, transmission, publication, broadcast and further posting. Furthermore, We will be free to use any ideas, concepts, know-how, or techniques contained in any Submissions You send to Us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
3. Intellectual Property
A. Ownership of Intellectual Property. Our Website may contain intellectual property that is protected by United States and international copyright and trademark laws including works, inventions, patents, registered and unregistered trademarks, service marks, trade names, logos, designs, texts, images, graphics and software (“Our IP”). All rights, titles, and interests in and to Our IP remains with Us and does not transfer or vest in You. You are prohibited from reproducing, distributing, displaying, performing, modifying, making derivative works, or otherwise using Our IP except as expressly permitted herein. No assignment or license of any intellectual property rights is granted by implication or otherwise to You.
B. Trademarks. Any trademarks displayed on Our Website including but not limited to Cooks Standard and related logo are Our registered or unregistered trademarks. All rights, titles and interests in and to Our trademarks remain Our property. The appearance, placement, order, and presentation of trademarks on Our Website does not indicate any relationship, affiliation, association, sponsorship, or endorsement between Us and any third parties displaying or utilizing Our trademarks. Any use or misuse of Our trademarks or violation of these Terms and Conditions shall constitute infringement, an unfair business practice and unfair competition under applicable laws. You are prohibited from using Our trademarks without Our prior express written consent.
4. User Content
A. Definition. “User Content” refers to all content that You submit, upload, post, create, transmit, perform, publish, or display on or through Our Website. User Content includes but is not limited to comments, forum posts, chat posts, reviews, ratings, photos, videos, audio works, and all metadata submitted in relation to those works including descriptions, titles, tags, reviews, etc.
B. Ownership of User Content. You retain ownership of all intellectual property rights in Your User Content that You create. However, by creating, uploading or posting User Content on Our Website, You grant Us an irrevocable, worldwide, perpetual, royalty-free license to use, copy, modify, transmit, publicly display, publicly perform, sublicense, distribute, and create derivative works from Your User Content.
C. Storage of User Content. We are under no obligation to store or maintain Your User Content that You have submitted. We may delete or remove User Content at any time without notice to You. You are solely responsible for creating backup copies of Your User Content if you desire.
D. User Content Representations and Warranties. You represent and warrant that:
- You exclusively own all rights in the User Content You submit or have obtained all rights necessary for the licenses You grant Us herein.
- Your User Content does not infringe or violate the rights of any third parties including copyright, trademark, patent, trade secret, contractual rights, or privacy or publicity rights.
- All factual statements made in Your User Content are accurate and truthful to the best of Your knowledge.
E. Indemnification for User Content. You agree to fully indemnify, defend and hold harmless Cooks Standard and our employees, owners, officers, directors and agents from any claims by third parties arising from Your User Content including reasonable attorney fees, costs and disbursements. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
5. Third Party Content & Advertisements
A. Third Party Websites/Content. Our Website may link to or provide access to websites, platforms, content and materials created or owned by third parties (“Third Party Content”). We provide Third Party Content only as a convenience and do not review, approve, control or endorse Third Party Content. Your use of or interactions with any Third Party Content are solely between You and such third parties. We shall have no liability related to Your interactions or dealings with any Third Party Content.
B. Third Party Advertisements. Our Website may contain sponsored Third Party advertisements. The source of these advertisements is solely the responsibility of the advertiser. We do not review, approve, control or endorse the contents of Third Party advertisements and shall have no liability related to such advertisements. Your business dealings with any Third Party advertisers are solely between You and such Third Party advertisers.
6. Disclaimers
A. No Warranties. Our Website and all information, documents, and materials contained herein are provided to You strictly on an “as is” basis without warranty of any kind. We hereby disclaim all warranties either express, implied or statutory including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that Our Website will meet Your requirements, or that the Website will be uninterrupted, timely, secure, virus-free or error-free.
B. Accuracy of Information. We make no representations, warranties or guarantees regarding the accuracy, reliability or completeness of Our Website content or any content available through any Third Party Content. It is Your sole responsibility to verify any information before relying on it. We have no liability for any errors or omissions in Our Website content or Third Party Content.
C. Harm to Your Computer. We make no representations, warranties or guarantees that Our Website or Third Party Content will be free from viruses, contamination or destructive features that could damage or impair Your computer, computer system, data or other proprietary material.
7. Limitation of Liability
In no event shall Cooks Standard be liable for direct, indirect, special, incidental or consequential damages arising out of the use or inability to use Our Website or any content contained herein. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis at law or equity. We shall have no liability for any failure or delay caused by events or circumstances outside our control including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation, facilities, fuel, energy, labor or materials. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, accordingly, the above limitations may not apply to You. The terms give You specific legal rights, and You may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability shall apply regardless of any contrary or conflicting term in these Terms and Conditions or any other materials on Our Website.
8. Indemnification
You agree to defend, indemnify and hold harmless Cooks Standard and our employees, owners, officers, directors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney fees) arising from: (i) any breach by You of any of these Terms and Conditions; (ii) Your access to or use of Our Website, including Your User Content; and (iii) any violation by You of applicable laws, rules or regulations in connection with Your use of Our Website. You will cooperate as fully as required by Us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not settle any claim without Our prior written consent.
9. Termination
We reserve the right to suspend, restrict or terminate Your access to Our Website at any time, with or without cause, with or without notice, effective immediately. We may discontinue or modify Our Website or any products, services, or materials on Our Website at any time with or without notice. These actions are in our sole discretion and may be taken for any reason, including if We believe You violated these Terms and Conditions. Upon suspension, restriction or termination, You must immediately discontinue accessing or using Our Website. We shall have no liability to You for any claims related to Your inability to access Our Website arising out of Our termination of Your access. All applicable provisions of these Terms and Conditions shall survive termination, including without limitation intellectual property rights, representations and warranties, indemnification, and limitations of liability.
10. Governing Law
These Terms and Conditions and any action or dispute related to Your use of Our Website will be governed by the laws of the United States and Florida without regard to conflicts of law provisions. You agree to the exclusive personal jurisdiction and venue in the state and federal courts located in Miami-Dade County, Florida for any disputes arising out of Your use of Our Website or relating to these Terms and Conditions. You waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
11. Severability
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable for any reason, that provision shall be deemed severable and will not affect the validity or enforceability of the remaining provisions.
12. Modifications
We reserve the right to modify these Terms and Conditions at any time by posting changes online. Your continued use after changes are posted constitutes Your acceptance of the amended Terms and Conditions. The date of last revision shall be indicated by the “Last Updated” heading.
13. Entire Agreement
These Terms and Conditions including incorporated agreements and policies constitute the entire agreement between You and Us. These Terms supersede any prior agreements, representations or understandings whether oral or written. Our failure to exercise or enforce any rights under these Terms and Conditions shall not constitute waiver of such rights. You agree that regardless of any applicable law to the contrary, any claim or cause arising out of Your use of Our Website must be filed within one year after such claim or cause arose or such claim or cause is permanently barred. The section titles herein are for convenience only and have no legal or contractual effect.
14. Contact Us
If you have any questions about these Terms and Conditions or Our Website, please contact us at:
Cooks Standard
123 Cookware Lane
Miami, FL 33196
Email: [email protected]
Last Updated: March 1, 2023