These Terms and Conditions of Use ("Terms") are entered into by and between you and Angie's Delectable Kitchen, LLC . These Terms govern your access to and use of Angie'sDelectableKitchen.com (the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
Please read these Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms, including the agreements incorporated by reference herein, you must not access or use the Website.
1. ELIGIBILITY
To access or use the Site, you must be 10 years of age or older. To purchase goods and services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms & Conditions. If you do not meet these requirements, you must not access or use the Website. Information provided on the Site and in the Service related to business, marketing, branding, faith topics, and other information is subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.
2. CHANGES TO THE TERMS OF USE
We may at any time amend these Terms and Conditions at our sole discretion. Such amendments are effective immediately when we post them upon and apply to all access to and use of the Website thereafter. Your continued use of the Site or Service by you after being notified means you accept and agree to these amendments. We will post the most recent versions to the Site and list the effective dates on our Terms and Conditions pages. You are expected to check this page from time to time to be aware of any changes as they are binding on you.
3. PRIVACY
Your use of the Website is also subject to the Company's Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms
4. DISCLAIMER
Your use of the Website is also subject to the Company's Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
5. AFFILIATE LINKS
From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
The Company will inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
6. ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself, including your name, email address, username and password, and other personal information. You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
7. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
8. MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
9. INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. The content you submit to us remains yours to the extent that you have any legal claims therein. You agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
10.FORCE MAJEURE
We won’t be in breach of this agreement if fire, earthquake, illness, death, “act of God”, labor dispute, or other events beyond our control prevent us from providing services in a timely fashion. We’ll notify you about the situation and work with you to establish a timeline for completing our services, if possible.
11.REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
12.PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
13.NO UNLAWFUL OR PROHIBITED USE AND OUR INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms.
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, immorality, anti-Biblical worldview, or otherwise violate any law.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company's content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors, except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
14.LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ANGIE'S DELECTABLE KITCHEN, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU OUR CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
15.GOVERNING LAW; FORUM SELECTION
Michigan law governs this contract. We both agree to resolve any disputes exclusively in the state or federal courts located in Lansing, MI and not anywhere else. You submit to the personal jurisdiction and venue of those courts.
16.FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website are not intended as, and shall not be understood or construed as, legal, financial, tax, medical, health, or any other professional advice.
17.ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular information. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.]
18.NO GUARANTEES
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website spiritually mature and succeed both personally and professionally. You nevertheless recognize that your ultimate transformation and success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients and students of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
19.ELECTRONICALLY CONDUCTED TRANSACTIONS
You may be able to enter into agreements, purchase services, or receive invoices electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements and transactions. Your agreement and intent to be bound by electronic submissions apply to all records relating to all transactions you enter into on this Website, including notices of cancellation, policies, contracts, and applications.
20.NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to the Company that you will not use this Website or any of the resources available for download from this Website for any purpose that is unlawful or prohibited by these Terms. You may not use this Website or any of the resources available for download from this Website in any manner that could damage, disable, overburden, or impair this Website or interfere with any other party's use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.
21.INKS TO THIRD-PARTY WEBSITES
This Website may contain links to other websites (the "Linked Sites"). The Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via this Website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of the Website's users and customers. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
22.MOBILE TEXT MESSAGING
By agreeing to receive SMS messaging, you agree that the Company may communicate with you by SMS text message or other means to your mobile device (collectively, the “Text Services”). You also expressly agree that texts may be sent using an automatic telephone dialing system (ATDS) or an auto dialing system that can select and dial telephone numbers.
You further agree that the Company may share information that you provide to the Company through text messages, email, or other electronic means with any of Purple lotus catering ,LLC and their respective agents may use such information and communicate with you concerning the Text Services and otherwise.
Such information shall be subject to the Privacy Policy found at
https://Angie's Delectable Kitchen.com/privacy
You can opt-in to receive texts by responding “Y” to a confirmation text message from a Company phone number.
You will receive recurring and ongoing messages that may come from the Company’s shortcode or a phone number associated with the Company brand. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. You may opt out of the Text Services at any time by texting the word
STOP
to
any Company text message from your mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages concerning the Text Services.
The Company does not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you message and data rates for each message sent to you or that you send. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your use of the Text Services.
The Text Services may not be available in all areas at all times. This means we may not be able to successfully transmit Text Services to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service to use or receive the Text Services.
Compatible carriers for Text Services include: AT&T, T-Mobile®, Verizon Wireless, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.
For additional help regarding text messages, email Angie@Angie'sDelectableKitchen.com
Consent to receive the Text Services is not required as a condition of purchasing any goods or services.
23.ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning event registration, consulting agreement, and product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
24.CANCELLATIONS, REFUNDS & RETURN POLICY
All of our services and products are
final purchases only. We do not offer refunds.
25.USE OF TEMPLATES, COURSES, AND CONTENT
The Company may provide various resources, templates, courses, and other content on the Website. You are granted a limited license to use these resources for personal or business use, as specified in the terms and conditions associated with each resource.
26.INTERNATIONAL USERS
The Website is controlled, operated, and administered by the Company from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through this Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
27.INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
28.TERMINATION/ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Wayne County, Michigan in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
29.NOT EXCLUSIVE
We provide services to several clients. You recognize and agree that we may provide services to a number of individuals and organizations, including colleagues, potential competitors, and personal friends, and are in no way obligated to provide services exclusively to you.
30.INDEPENDENT CONTRACTOR
We are an independent contractor to you/your organization. By entering a contract, we don’t intend to create a joint venture or partnership or become one of your employees. Neither of us is granted any rights to control the other or to enter into agreements on the other’s behalf.
31.PUBLICITY
Referrals are an essential way we’re able to get work in the future, and we love showing off any major victories. You grant us the right to mention the following on our website and in our marketing and advertising collateral: your congregation/company’s name, the work that we did for you, described generally, and the relative impact that our work had on your agenda/business. You also grant us the right to link to your website. The rights granted to us are non-exclusive and irrevocable. We additionally retain the right to acknowledge our authorship of work done for you in an advertising and marketing context. Changes to these rights should be agreed upon in writing before you make your first payment.
32.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and the Company with respect to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
33.CHANGES TO TERMS
In its sole discretion, the Company reserves the right to change the Terms under which this Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to review the Terms to stay informed of our updates periodically.
34.RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
35.SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
36.ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid
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