Terms of Service
These terms of service were last updated and are effective as of December 18, 2020.
This website is owned and operated by Kenyon International, Inc. These terms govern your access to and use of our services at cookwithkenyon.com and associated services (the “Service”). By using the Service, you agree to be bound by these terms. These terms affect your legal rights and obligations. If you do not agree to be bound by all of these terms, you do not have permission to access or use the Service.
Updates to Terms of Service
We may add, remove, or update portions of these terms at any time and without limitation. Such changes will become effective immediately upon posting and will not be retroactive unless otherwise indicated. New updates will appear on this page and always at this URL address: cookwithkenyon.com/terms-of-service/. Your use of the Service after the effective date of the changes constitutes your acknowledgment and agreement to the terms as modified. Archived versions of previous Terms of Service may be made available upon request.
You may use the Service only in accordance with these Terms of Service and only so long as you satisfy each of the criteria listed in this section. Failure to comply with any of the requirements of this section may result in termination of your access to the Service, in whole or in part, at Kenyon’s sole discretion.
Your use of the Service is predicated upon our granting you a non-exclusive, non-assignable, limited license to use the Service in accordance with these Terms of Service, which license we may modify or terminate at any time, for any reason, without notice, and at our sole discretion. Upon termination of this license, your right to use the Service and all other licenses and rights granted to you in these Terms of Service are terminated. Kenyon reserves the right to refuse access to the Service for any person who fails to comply with any provision of these Terms of Service or for any other reason, at its sole discretion.
Maintenance, Modification, or Termination of Service
Kenyon reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and in its sole discretion. You acknowledge and accept that the Service may not be available or accessible during scheduled downtimes for maintenance and during other Service interruptions. Kenyon shall not be liable for any damage or loss incurred due to any modification, suspension, or discontinuation of the Service, whether for maintenance or otherwise.
Kenyon may provide technical support for difficulties users may have accessing the Service. Our technical support will not include support for any aspect of your computer’s or device’s hardware or software, configurations, means of gaining access to the Internet, ability to browse the Internet, or ability to access any facet or portion of the Service. Kenyon shall not be liable for any damage or loss resulting from its ability or inability to provide technical support or from resolving or failing to resolve any user difficulties accessing the Service.
Information Provided on the Service
The information and materials available by accessing the Service, including without limitation all text, photographs, images, illustrations, audio/visual content, and graphic designs (the “Materials”) are provided for your information in accordance with these Terms of Service. We endeavor to display and describe products and services available through the Service accurately and completely, and we are continually adding and removing information about products and services and updating the Materials as necessary, which updates may occur at any time, without notice, and in our sole discretion.
However, we cannot and do not guarantee the accuracy or completeness of the Materials accessible through the Service, including without limitation product prices, images, dimension, specifications, and availability. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of and subject to the warranties offered by the manufacturer and service provider, respectively.
The Materials available through access to the Service are protected by copyright and other intellectual proprietary rights under U.S. and international laws. You are not permitted to publish, reproduce, or distribute any of said materials without Kenyon’s express, written permission, and nothing in these Terms of Service or elsewhere on the Service shall be construed as granting, by implication, estoppel, or otherwise, such permission.
All trademarks, service marks, trade names, and logos displayed through the Service, including without limitation the Kenyon name, logo and slogan, all page headers, custom graphics, button icons, and scripts, (collectively referred to as the “Marks”) are proprietary to Kenyon and are protected by U.S., foreign, and international trademark laws. Any use of the Marks is strictly prohibited without Kenyon’s express, written permission and may result in liability for trademark infringement. Nothing in these Terms of Service or elsewhere on the Service shall be construed as granting, by implication, estoppel, or otherwise, permission to use the Marks.
All software and applications available through access to the Service are the property of Kenyon and its affiliates and my not be reverse engineered, modified, or otherwise affected in any way without Kenyon’s express, written permission. Nothing in these Terms of Service or elsewhere on the Service shall be construed as granting, by implication, estoppel, or otherwise, such permission.
Links and References
The Service may include links and references to third-party websites, applications, and services (“Third-Party Service”). The inclusion of such links and references does not constitute Kenyon’s endorsement of such Third-Party Services or their opinions, policies, or products/services. We have no influence over such Third-Party Services and assume no responsibility for the accuracy, completeness, or legality of their practices or content. In the event Kenyon becomes aware of a violation of these Terms of Service by a link or reference, it will immediately be removed from the Service.
Certain functions of the Service may also permit interactions between the Service and Third-Party Services, including features that connect the Service or your account with a Third-Party Service. For example, the Service may include features that enable you to share content from the Service with and/or through a Third-Party Service. Using this functionality typically requires you to login to your account with the Third-Party Service, and you do so at your own risk. You expressly acknowledge and agree that ijma-on-slavery.org is in no way responsible or liable for any such Third-Party Service. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. If you choose to use features that connect the Service or your account with Third-Party Service, the Third-Party Service may interact with, connect to, or gather information from your account. By using such Third-Party Services, you acknowledge and agree to the following: (i) if you use a Third-Party Service to share information, you may be consenting to information about your account on the Service being shared; (ii) your use of a Third-Party Service may cause personally identifying information to be publicly disclosed and/or associated with you, even if Kenyon has not itself provided such information; and (iii) your use of a Third-Party Service is at your own option and risk, and you will hold Kenyon and its affiliates, related entities, officers, directors, employees, agents, representatives, partners, and licensees harmless for activity related to the Third-Party Service.
As part of your access to and use of the Service, you may be permitted to provide comments, feedback, reviews, and other input on particular products or services (“User Content”), which User Content may be accessible to other users of the Service. You agree that User Content you submit through the Service may be viewed by the general public and that you do not consider any User Content you submit to be private, proprietary, or confidential in nature. By submitting User Content through the Service, you warrant and represent that you own or have the right to use such User Content and that you have the right to authorize Kenyon and its affiliates to use such User Content in accordance with these Terms of Service.
You grant Kenyon and its affiliates, without any compensation of any kind to you or any other individual or entity, a worldwide, perpetual, irrevocable, non-exclusive license to copy, adapt, reproduce, create derivative works of, incorporate, distribute, modify, abridge, publicly display, print, publish, translate, disseminate, and otherwise use in any way, in Kenyon’s sole discretion and in any form, format, or medium, your User Content. You agree that any User Content you submit may appear on websites and services other than the Service, and you waive, release, and agree not to assert any legal or moral rights that you may have in such User Content to the maximum extent permitted by law.
You agree that you will not submit User Content that:
Kenyon cannot and does not guarantee that any specific User Content will be posted through the Service or become publicly available. Kenyon reserves the right to remove any User Content from the Service without notice and in Kenyon’s sole discretion. However, you acknowledge and agree that Kenyon is under no obligation to police, monitor or remove User Content, and Kenyon makes no guarantee with respect to any aspect of any User Content submitted to and publicly displayed through the Service.
Digital Millennium Copyright Act
Assertions of Copyright Infringement
It is Kenyon’s policy to restrict or terminate access to the Service for those users who repeatedly infringe on the copyrights of others. If you believe that any Materials accessible through the Service, including without limitation any User Content submitted by other users, infringe your copyrights, you may request removal of those Materials, or access thereto, by submitting a notification (commonly referred to as a “Takedown Notice”) pursuant to the Digital Millennium Copyright Act (the “DMCA”) to Kenyon’s designated copyright agent (identified below). The following information must be included in your Takedown Notice in order to process your claim:
You acknowledge that if you fail to comply with all of the requirements above, your Takedown Notice may not be legally sufficient or valid. A sample Takedown Notice can be found here: https://www.copyright.gov/512/sample-notice.pdf
If you believe that your Materials were removed as a result of mistake or misidentification of the material, you believe the removed Materials do not infringe any valid copyright, or you have authorization to use the Materials from the copyright owner, the copyright owner’s agent, or pursuant to the law, you may submit a counter-notice challenging the removal of your Materials. The following information must be included in your counter-notice:
You acknowledge that if you fail to comply with all of the requirements above, your counter-notice may not be legally sufficient or valid and that Kenyon may provide a copy of your counter-notice to the individual that submitted the original Takedown Notice. A sample counter-notice can be found here: https://www.copyright.gov/512/sample-counter-notice.pdf.
Upon receipt of a legally sufficient and valid counter-notice, Kenyon may inform the individual that submitted the original takedown notice that it may replace the removed Materials to the Service within ten (10) business days. Unless Kenyon receives notice from the individual that submitted the original takedown notice that the copyright owner has filed an action seeking a court order to restrain the allegedly infringing activity relating to the Materials accessible through the Service, Kenyon may, at its sole discretion, replace or restore access to the Materials in ten (10) to fourteen (14) business days after receipt of the counter-notice.
Copyright Agent Designee
The Copyright Agent designated by Kenyon to field DMCA notifications is as follows:
DMCA Copyright Agent
Kenyon International, Inc
8 Heritage Park Road
Clinton, CT 06413
Disclaimer of Warranties and Limitations of Liability
KENYON MAKES NO WARRANTIES OR GUARANTIES AS TO THE AVAILABILITY OR RELIABILITY OF THE SERVICE OR ITS CONTENTS. KENYON LIKEWISE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED “AS IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. KENYON DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL KENYON OR ITS AFFILIATES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE SERVICE OR ITS CONTENTS, OR WITH THE DELAY OR INABILITY TO USE OR ACCESS THE SERVICE OR ITS CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF OR ACCESS TO THE SERVICE, THE INABILITY TO USE OR ACCESS THE SERVICE, OR THE FAILURE TO PROVIDE SUPPORT FOR OR RESOLVE ANY SUPPORT ISSUES REGARDING THE USE OF OR ACCESS TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF KENYON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify, defend, and hold harmless Kenyon and its affiliates, related entities, officers, directors, employees, agents, representatives, partners, and licensees from and against any and all claims, suits, proceedings, liabilities, losses, damages, costs, and expenses whatsoever, including reasonable attorney fees and disbursements, court costs, or arbitration costs, arising out of your use of or access to the Service or out of your breach or violation of these Terms of Service. Your obligations to indemnify Kenyon shall survive termination of your access to the Service.
Your use of the Service is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms of Service. Kenyon makes no representation or warranty that Materials on these Site are appropriate or available for use in any particular jurisdiction. Your use of the Service is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Service, and you agree not to access the Service in any jurisdiction where all or any portion of the Service violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of these Terms of Service is not permitted.
Choice of Law, Jurisdiction and Venue
You agree that these Terms of Service and your use of the Service will be governed by the laws of the state of Connecticut. By using the Service, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in or around Clinton, Connecticut in all disputes: (i) arising out of, relating to, or concerning these Terms of Service, the Service, and/or your use thereof; (ii) in which the Service and/or these Terms of Service are an issue or a material fact; or (iii) in which the Service or these Terms of Service are referenced in a document filed in any court, tribunal, agency, or other dispute resolution organization.
Waiver of Rights
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE Service or these Terms of Service.
Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding, and subject to only limited review by a court. By using the Service, you agree to give up your right to a trial in court except for certain small claims as described below.
You agree that this arbitration section shall survive termination of your use and access to the Service. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Service. Any dispute or claim made by you against Kenyon or against any of Kenyon’s affiliates arising out of or relating to your use of the Service, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
You must first present any claim or dispute to Kenyon by contacting customer service to allow Kenyon the opportunity to resolve any dispute. You may request arbitration only after sixty (60) days from first presenting your claim or dispute to customer service and only if your claim or dispute cannot be resolved amicably. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization, as modified in these Terms of Service. You and Kenyon agree that these Terms of Service evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in or around Clinton, Connecticut and shall be conducted in the English language. An arbitrator may not: (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class-wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
Any arbitration shall be confidential, and neither you nor Kenyon may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
Unless an applicable statute expressly permits awarding attorney’s fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Kenyon. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.
If you have any questions regarding these Terms of Service or wish to notify us of any violation or other concern, please contact us using the information available at our Contact page.
Additional Terms and Conditions for Registered Users
You can register an account with the Service and become a registered user (a “Registered User”). Becoming a Registered User may give you access to additional services, benefits, promotions, and functionalities available through the Service (collectively, “Registered Services”), and the following additional terms and conditions apply to your use of the Registered Services (the “Additional Terms”). The Additional Terms are in addition to and not in lieu of the remaining Terms of Service, and all the Terms of Service govern the relationship between you and Kenyon concerning your use of the Registered Services. To the extent there is any identified conflict or inconsistency, the Additional Terms shall control. If you do not agree with any of the Additional Terms, you are free to discontinue use of the Registered Services.
Account Creation and Termination
When creating an account to access certain features of the Service, you agree to provide us with accurate and complete information and to update your information as needed to maintain its accuracy. You are not allowed to impersonate anyone else or otherwise misrepresent your identity. You are solely responsible and liable for any activity that occurs on your account, and you are responsible for keeping your password and login credentials secure. You agree to notify Kenyon immediately upon becoming aware or suspicious of any unauthorized use of the Service through your account. You agree to indemnify and hold Kenyon and its affiliates, related entities, officers, directors, employees, representatives, agents, partners, and licensees harmless from and against any and all claims that may arise from any activity that occurs through your account. If any of these terms or future changes to these terms are unacceptable to you, you can terminate your account at any time by contacting us using the information available at our Contact page.
Kenyon may track any purchases made while logged into your account with the Service, which will allow Kenyon to register and record your purchases for you, giving you access to product descriptions, quantity purchased, price, date of purchase, and additional pertinent information.
You acknowledge and agree that Kenyon owns all the data and information concerning your account with the Service and purchases you make while logged into your account, even upon termination or deactivation of your account for any reason.
Username and Password
As part of the registration process, you will be asked to select a username and password. Kenyon may, at its sole discretion, refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, may cause confusion, or for any other reason. You agree not to transfer, resell, share, allow unauthorized persons to use, or otherwise facilitate unauthorized access to or use of the Service through your account. If you have reason to believe that your account is no longer secure, you must promptly change your password and immediately notify Kenyon of your concern by contacting us through our Contact page. You are solely and entirely responsible for maintaining the confidentiality of your username and password and for any and all activities, including purchases, which are conducted through your account.
As a Registered User, you may receive general and targeted advertising, marketing materials, and other service-related communications, including email from Kenyon and its affiliates.
We reserve the right to terminate your account with the Service if you use your account in any manner that violates any local, state, federal, or international law or regulation or these Terms of Service or that is otherwise unlawful or prohibited by these Terms of Service or for any other reason, in our sole discretion, including without limitation due to an extended period of account inactivity or to a user’s request. Following termination of your account, we may keep your account data for a reasonable period of time to effectuate the Service’s business objectives, but such data may not be available to you, even if you decide to open a new account. You acknowledge and agree that Kenyon has no obligation to provide you with data about a terminated account, except as required by applicable law, and that termination of your account may result in the loss of any data associated therewith. Kenyon shall not be liable for any damage or loss incurred due to the termination of your account or the loss of data associated therewith.
Placing Orders Using the Service
All billing and registration information you provide must be accurate, complete, and correct. Submitting inaccurate, incomplete, or incorrect information constitutes a breach of these Terms of Service. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products, and/or services that you have requested.
Kenyon reserves the right, in its sole discretion, to: (i) refuse service and terminate any account if Kenyon believes that the account user’s conduct violates any applicable law or these Terms of Service, is harmful to Kenyon’s interests or those of its affiliates, or for any other reason; (ii) limit the quantity of items purchased per person, per account, per household, or per order; and (iii) refuse, cancel, and/or refund any order you place.
Kenyon’s acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. We strive to provide accurate information on the Service, but we cannot and do not guarantee the accuracy of all information about every product and service. You understand that information provided through the Service, including without limitation product price, availability, specifications, and images, may be incomplete or inaccurate. If we determine that information about an item you ordered is inaccurate or incomplete, we reserve the right to cancel that order and refund any applicable charges.
All products purchased through the Service are made pursuant to a shipment contract. The risk of loss and title for such products pass to you upon Kenyon’s delivery of the products to a shipping carrier.
If you wish to purchase products or services available through the Service, you will be asked to supply certain information applicable to your purchase, including without limitation credit card and other information. For Registered Users, your account will provide you a location to store such information and allow you to make a future purchase without re-entering such information. You agree to pay all charges incurred through your account, whether initiated by you or anyone else with access to your account, at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The amount of tax displayed when you check out is an estimate and may be updated at the time your credit card is charged.
California Proposition 65 Warning
Certain products offered for sale through the Service may expose you to chemicals known to the State of California to cause cancer or reproductive toxicity. For more information, please visit www.P65Warnings.ca.gov.
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