The following terms and conditions govern the use by you and all others of the
FAVORTIRE RECIPES PRESS, INC. of Nashville, Tennessee ("FRP") Web site
currently located at www.frpbooks.com (the
"Web site"). The terms and conditions set forth herein apply to all materials,
online communications and other information and materials that are, or become,
available on the Web site (collectively the "Information"). Please read these
terms and conditions carefully before accessing this Web site. BY SIGNING ON
AND USING THIS WEB SITE, YOU SPECIFICALLY AGREE TO EACH OF THE PROVISIONS OF
THE FOLLOWING AGREEMENT.
Downloading. You will refer to and use the Web site only in a lawful
manner. This Web site is for informational purposes only, and it is not
intended to be downloaded for any commercial use by you or your advisors. You
will not modify or delete any of the materials or information set forth in the
text of the Web site. You will honor all copyright and other proprietary
notices. You will not misappropriate any materials or information set forth in
the Web site without first obtaining express permission from an official of
External Links. This Web site may contain links to other Web sites.
FRP is not responsible for the availability of these external Web sites nor
does it endorse or is it responsible for any of the contents, advertising,
products or other materials on such external Web sites. Under no circumstances
shall FRP be held responsible or liable, directly or indirectly, for any loss
or damage caused or alleged to have been caused in connection with the use of
or reliance on any content, goods, or services available on any such external
Web site. Any concerns regarding any external link should be directed to the
respective Web site, rather than to FRP. By including a link to an external
site in the Web site, FRP does not expressly state or imply that it has
authorization from the owner of such site to link to it. Should you visit an
external site from a link found on the Web site, you do so at your own
discretion and at your own risk.
Disclaimer of Warranties. THIS WEB SITE AND THE INFORMATION IS
PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FRP
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FRP DOES NOT WARRANT
THAT THE INFORMATION IS COMPLETE OR ACCURATE, THAT USE OF THIS WEB SITE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF DISABLING
DEVICES (AS HEREINAFTER DEFINED). SHOULD YOU PURCHASE AN FRP PRODUCT FROM FRP
OR A THIRD PARTY, THE TERMS AND CONDITIONS APPLICABLE TO THAT TRANSACTION WILL
GOVERN SUCH PURCHASE; YOUR USE OF THIS WEB SITE DOES NOT AFFECT THAT PURCHASE
IN ANY MANNER. A "disabling device" is defined as any software, document,
message or other material which contains any so-called computer virus, worm,
Trojan horse, time bomb, or other disabling device which may erase, scramble,
lock, or disable computer software or equipment or may prevent users from using
a Web site or any other item of hardware or software.
Limitation of Damages. UNDER NO CIRCUMSTANCES SHALL FRP BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEB SITE OR THE
INFORMATION, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE
INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF
FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF
INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Confidentiality. FRP maintains, uses and relies upon certain
confidential and proprietary information, including trade secrets, that are
valuable assets of FRP which protect FRP’s goodwill and business and provide in
part a competitive advantage in the marketplace (collectively “Confidential
Information”). Nothing herein contained creates or grants any waiver or license
by FRP relative to any Confidential Information.
Locality. FRP operates and controls this Web site from its offices
located in the State of Tennessee in the United States. FRP makes no
representation that the information or other materials in the Web site are
appropriate or available for use in other locations. If you choose to access
this Web site outside of the State of Tennessee through your own initiative,
you are responsible for compliance with local and federal laws, if and to the
extent such laws are applicable.
Third Party Content and Trademarks. FRP may distribute content
supplied by third parties on the Web site. Any opinions, advice, statement,
services, offers, or other information or content expressed or made available
by third parties, including information providers or any other user of the Web
site, are those of the respective author(s) or distributor(s) and not of FRP.
FRP and FAVORITE RECIPES PRESS are trademarks or registered trademarks of FRP
and/or its parent or affiliate companies. Other product and company names
mentioned herein may be the trademarks of their respective owners.
Submissions. FRP policy does not allow FRP to accept or to consider
creative suggestions, ideas or other materials other than those that FRP has
specifically requested. If, despite our request that you not send us any
creative materials, you send us comments, suggestions, ideas, concepts,
drawings, pictures, including, but not limited to, pictures uploaded by FRP
agents, or other materials (collectively, the "submissions"), the submissions
shall be deemed, and shall remain, the property of FRP. None of the submissions
shall be subject to any obligation of confidence on the part of FRP, and FRP
shall not be liable for any use or disclosure of any of the submissions.
Without limitation of the foregoing, FRP shall exclusively own all now known or
hereafter existing rights to the submissions of every kind and nature
throughout the world and shall be entitled to unrestricted use of the
submissions for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the submissions.
General. FRP shall have the right at any time to change or
discontinue any aspect or feature of the Web site, including, but not limited
to, content, hours of availability and equipment and/or software required for
access or use of the Web site or any portion of the Web site. FRP may also
change the terms and conditions set forth in this agreement and any subsequent
use of the Web site by you constitutes your agreement to such changed terms and
conditions. Any rights not expressly granted herein are reserved to FRP.
Other. This agreement shall be governed by and construed in
accordance with the laws of the State of Tennessee, without giving effect to
any principles of conflicts of law. Any claim or legal action arising from this
agreement will be brought in the courts of competent jurisdiction, state and
federal, located in Nashville, Davidson County, Tennessee. If any person or
firm infringes upon or misappropriates any Confidential Information, or this
Web site, FRP will suffer irreparable harm and will be entitled to
extraordinary relief, including injunctive relief, as well as damages if such
become ascertainable, together with attorneys’ fees and costs incurred in
connection with such a legal action. Information contained in this Web site or
any associated newsletter may contain references to products, programs or
services that are not announced or available, yet, in all states and countries.
Such references do not imply that FRP intends to announce such products,
programs or services in any particular state or country. Consult your local FRP
representative for information regarding the products, programs and services
that may be available to you.
Severability and Entirety. 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. This agreement constitutes the
entire agreement of the parties with respect to the subject matter hereof, and
supersedes all previous written or oral agreements between the parties with
respect to such subject matter.