THE ORGANIZED COOK, LLC
IMPORTANT: THIS LICENSE AGREEMENT (“AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE ORGANIZED COOK, LLC. READ IT CAREFULLY BEFORE DOWNLOADING THE MEAL PLANS. IT PROVIDES YOU A LIMITED LICENSE TO USE THE MEAL PLANS AND CONTAINS RESTRICTIONS ON HOW AND WHERE YOU MAY USE THE MEAL PLANS, WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.
THE MEAL PLANS CONTAIN PROPRIETARY AND COPYRIGHTED MATERIALS. THEREFORE, YOUR USE OF THE MEAL PLANS IS SUBJECT TO CERTAIN RESTRICTIONS SET FORTH IN PARTS 1 AND 2 OF THE AGREEMENT AND ELSEWHERE HEREIN. BY DOWNLOADING AND USING THE MEAL PLANS, YOU ARE CONFIRMING YOUR ACCEPTANCE OF AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT PROCEED.
1. License Grant. The Organized Cook, LLC (“LICENSOR”) hereby grants to you, and you accept, a non-exclusive, non-transferable license to download, print, and use the MEAL PLANS for your personal, non-commercial use.
2. Restrictions. The Meals Plans are the exclusive proprietary and copyrighted materials of LICENSOR. You shall not copy, modify, distribute, or otherwise use the MEAL PLANS for any purpose other than that set forth in the License Grant. Any copying, modification, distribution, or other unauthorized use of the MEAL PLANS is cause for termination of the license granted herein.
3. License Fees. The license fees paid by you are paid in consideration of the license granted under this Agreement.
4. Term. This Agreement is effective upon your downloading the MEAL PLANS and shall continue until terminated. You may terminate this Agreement at any time by destroying the download of the MEAL PLANS. LICENSOR may terminate this Agreement upon breach by you of any term hereof.
5. Limitation of Liability. The MEAL PLANS are licensed “AS IS” to you. Licensor does not warrant the accuracy, truth or validity of the information contained in the MEAL PLANS. You acknowledge and agree that, due to possible human or mechanical error as well as other factors, Licensor is not responsible for mistakes or omissions in the information contained in the Meal Plans or the results generated from your use thereof. IN NO EVENT SHALL LICENSOR OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall LICENSOR’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the MEAL PLANS.
6. Acknowledgement. You acknowledge this License to use the MEAL PLANS is limited to you for your benefit only. Notwithstanding the foregoing, the contents of the MEAL PLANS may be shared with a third party only for purposes of advising them of the scope thereof. If third parties want to use the MEAL PLANS, they must purchase a license.
7. Returns/Liability. MEAL PLANS that have been successfully downloaded cannot be returned for refund or credit. Once the MEAL PLANS have been downloaded, it is your responsibility not to lose, destroy or damage the content. Licensor shall be without liability to you in the event of any loss, destruction or damage.
8. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the United States and the State of Nevada.
9. Severability. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof, and the remainder of this Agreement shall continue in full force and effect.
10. No Waiver. The failure of either party to enforce any rights granted hereunder or to take any action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
11. Complete Agreement. This Agreement constitutes the entire understanding between you and LICENSOR with respect to the use of the MEAL PLANS and related documentation, if any, and it supersedes any prior or contemporaneous proposal, representation, or understanding between the parties, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of LICENSOR.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE THAT BY ACCEPTING THIS AGREEMENT YOUR ACCEPTANCE WILL BIND YOU TO THE TERMS AND CONDITIONS THEREOF.