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JelenaCooks.com Terms of Use

This Agreement (“Agreement”) contains the terms and conditions of use for the Internet Web site located at http://www.JelenaCooks.com (“JelenaCooks.com”) which is owned, operated, licensed, or controlled by Jelena Cooks, Inc. an Illinois corporation ("Jelena Cooks").

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF JELENACOOKS.COM.

1. Acceptance. Your access and use of JelenaCooks.com creates a binding and enforceable legal agreement between you, the Web site user (“You”) and Company and signifies Your acceptance and agreement to be bound by this Agreement. Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and without notice. Please check this Agreement periodically for changes. Continued use of JelenaCooks.com following the posting of changes to this Agreement shall mean You have read and accept such changes.

2. License & Access. Company grants You a limited license to access and make personal use of JelenaCooks.com and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of JelenaCooks.com or its contents; any collection and use of any advertisements, descriptions, or prices; any derivative use of JelenaCooks.com or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar automated data gathering and extraction tools. 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 JelenaCooks.com, Company or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing JelenaCooks.com or Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of JelenaCooks.com so long as the link does not portray JelenaCooks.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any JelenaCooks.com logo or other proprietary graphic or trademark as part of the link without express written permission.

3. Service. JelenaCooks.com provides fresh, convenient, made-to-order meals and delivers these directly to its customers. You may order meals and schedule the date and time of delivery using JelenaCooks.com. You agree to provide a true, correct, accurate and complete address for delivery of any meals You order. Payment must be made by either cash or check.

  1. You shall provide Company with at least four (4) hours advance notice of your intent to pick up an order or any change to the delivery location or time for any order. You agree to immediately notify Company in the event of any event or condition that may affect Your ability to accept delivery.
  2. You acknowledge and agree that You, and not Company, shall at all times be and remain responsible for ensuring that once meals are delivered or picked up as the case may be, the meals are properly stored and refrigerated. COMPANY SHALL NOT BE RESPONSIBLE FOR YOUR FAILURE TO ACCEPT AND STORE THE MEALS IMMEDIATELY AFTER DELVERY OR PICK UP.

4. Restrictions on Use. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of any JelenaCooks.com web site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. No material from JelenaCooks.com or any other Company web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Company. In addition, You shall not commit any of the following acts through use of JelenaCooks.com:

  1. transmit any content that is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. use foul language or post links to adult-oriented Web sites;
  3. transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unrequested solicitation;
  4. post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links; or
  5. collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).

5. Violations. In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to immediately suspend or cancel Services without further liability. Furthermore, You specifically acknowledge agree that due to the near impossibility of calculating actual damages, any intentional violation shall result in immediate liability for liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for breach of contract.

6. Privacy. It is the policy of JelenaCooks.com to respect its users privacy. Therefore, in addition to the privacy of registration data, JelenaCooks.com shall not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of JelenaCooks.com and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on JelenaCooks.com or Company; (2) protect and defend the rights or property of JelenaCooks.com or Company; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of their messages. JelenaCooks.com’s Privacy Statement can be found here [hyperlink to web page].

7. Indemnity. You shall indemnify, defend and hold Company, its directors, officers, employees, agents and contractors harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to: a) Your failure to properly store meals or other food items once delivered; b) any claim which, if proved, would breach any of Your covenants or representations; and c) any and all Third Party Claims arising out of any content You submit to or transmitted through JelenaCooks.com.

8. Termination. This Agreement is effective as of the first date materials from JelenaCooks.com are accessed by You (the “Effective Date”) and shall continue in effect until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from JelenaCooks.com and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. This Agreement shall terminate immediately without notice from Company if in Company's sole discretion You fail to comply with any term or provision of this Agreement. Upon termination, Your right to access and use JelenaCooks.com shall be terminated and You shall destroy all materials obtained from JelenaCooks.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

Company may, at its sole discretion and at any time, discontinue providing access to JelenaCooks.com, or any part thereof, with or without notice. You agree that any termination of Your access to JelenaCooks.com under any provision of this Agreement may be effected without prior notice. Further, You agree that Company shall not be liable to You or to any third party for any termination of Your access to JelenaCooks.com.

9. Jurisdiction. Unless otherwise specified, JelenaCooks.com is available solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. JelenaCooks.com is controlled and operated by Company from its offices within the State of Illinois, United States of America. Company makes no representation that materials in JelenaCooks.com are appropriate or available for use in other locations. Those who choose to access this JelenaCooks.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. Disclaimer. THE MATERIALS IN JELENACOOKS.COM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Company DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS JELENACOOKS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT JELENACOOKS.COM OR ANY OTHER Company WEB SITE OR THE SERVER(S) THAT MAKES JELENACOOKS.COM.COM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN JELENACOOKS.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Company BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN JELENACOOKS.COM, EVEN IF Company OR A Company AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Company'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID TO COMPANY BY YOU, IF ANY, FOR ACCESSING JELENACOOKS.COM.

12. Links to Outside Web Sites and Services. To the extent that JelenaCooks.com contains links to outside services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

13. Copyrights and Copyright Agents. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. 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;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Jelena Cooks’s Agent for Notice of claims of copyright or other intellectual property infringement:
Copyright Agent
c/o David M. Adler, Esq. & Assoc. PC
161 N. Clark Street, Suite 2500
Chicago, IL 60601
By phone: (866) 734-2568
By email: copyright@Jelenacooks.com

14. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. You agrees that any action at law or in equity arising out of or relating to this Agreement shall be litigated only in the state or federal courts located in the State of Illinois and You hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.