PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
ACCEPTANCE OF AGREEMENT
This agreement (“Agreement”) is between (“You”) the (“User”) and Avinuity Web Properties LLC dba/ CookGem.com to be referred to as stated in this agreement but not limited to (“CookGem.com”) or (“This site”) or (“We”) or (“Us”) or (“Site(s)”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
A user MUST provide accurate and truthful information when creating and updating their account information. It is the responsibility of each user to maintain the accuracy of their account information by keeping it up to date. Users are permitted to have ONLY ONE user account and ONE username on this site.
ACCOUNT ACCESS AND SECURITY
It is solely your responsibly for maintaining security for your own account. We will not be liable for any losses incurred through the access of your account by a third party or the disclosure of your account, login, or password.
ACCOUNT CANCELLATION AND TERMINATION
CookGem.com reserves the right to terminate a user’s account, access, and all membership privileges to the Site without notice and for ANY reason, including but not limited to: (1) account inactivity for 1 day or less or more (2) inaccurate or outdated account information (3) suspected fraudulent and or illegal behavior of the user (4) complaints from other site users or moderators about a user’s behavior (including but not limited to harassing, offensive, or inappropriate behavior) (5) any infraction of these terms and conditions or (6) any other reason that we see fit at in our sole discretion. If a user account is terminated by CookGem.com, then CookGem.com reserves the right in its sole discretion to refuse and terminate future Site access and accounts of that user indefinitely.
A user may terminate his or her own user account at any time and for any reason by logging into the “My Account” section on the Site. If a user cancels their own account at their own will and without any infraction of the terms and conditions of use of the Site, they may create a new account at a later time or request that their account be reinstated.
All suggestions, ideas, notes, concepts and other information that you may from time to time post on the Site or submit to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
EDITING, DELETING, MOVING, MODIFICATION
This site reserves the right at our sole discretion, for any reason, and without notification to delete, edit, or move any information on the Site or any information posted or provided by any user anywhere on the Site.
ACCURACY AND SUITABILITY OF CONTENT
This site makes no representations about the accuracy, quality, content, suitability, or legality of any materials provided on the Site or any other materials which are referenced by or linked to on the Site for any purpose. Information provided by Site users, including but not limited to forums posts and user comments, is provided in good faith, and This site does not guarantee its accuracy and nor bear any responsibility for the actions of or information provided by Site users. This site shall have no liability to any person or entity with respect to any loss or damage caused by or alleged to be caused directly or indirectly by the information contained within the Site. Should you choose to use information contained on the Site, you do so of your own volition and discretion and at your own risk. This site may update or make changes to the content on the Site at any time without notice; however, This site makes no commitment to update the information contained herein.
LINKS TO OTHER WEB SITES
This Site contains links to other web sites. This site is not responsible for the content, accuracy, opinions, or privacy practices or the content of such web sites as we do not investigate, monitor or check them for accuracy or completeness. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
We are not responsible if you have not received an item(s) that you have ordered through another web site. If you haven’t received your item(s) please understand that many companies send their items out nearly 8 to 10 weeks after your request. If you still haven’t received your item after this allotted time, we suggest that you contact the company that was offering your item directly using their contact information.
TRADEMARKS, LOGOS, AND PRODUCTS
Neither this site nor its parent company, Avinuity Web Properties LLC, claim to or imply to be directly affiliated with the manufacturer(s), brand(s), company(s) or retailer(s) of the products listed on this web site, and in no way claim to represent or own their trademarks, logos, marketing materials, or products. None of the companies that produce, manufacture, promote, or distribute the products listed on this website own, endorse, or promote this site or Avinuity Web Properties LLC.
We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
THIRD-PARTY MERCHANT POLICIES
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by in the “Limited Right to Use” section of this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
USE OF INFORMATION
DISCLAIMERS AND LIMITATION OF LIABILITY
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
All users access and complete third party web sites and offers at their own risk. This site is not responsible for the terms and conditions of any of the affiliated websites or partner offers accessible through the Site. This site respects your privacy. However, we are not responsible for unsolicited emails, pop ups or any other form of unwanted advertisements as a result of signing up for any of the advertised offers on our web site(s). We are not responsible for any charges incurred or contracts between you and the advertiser of an offer.
In no event will This site be liable for any incidental, consequential, or indirect damages arising out of the use of or inability to use the Site or any service or products provided. It is solely your responsibility to evaluate the accuracy, completeness, usefulness of all opinions, advice, services, merchandise and other information provided through This site web sites. In no event shall This site be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profit, exemplary, punitive or consequential damages, each of which is hereby excluded by agreement between you and This site regardless of whether or not This site has been advised of the possibility of such damages. You also understand that This site may contain unedited materials which may be offensive to you, and This site has no control over and accepts no responsibility whatsoever for such materials that are shown on this web site.
You agree to indemnify, defend and hold harmless Avinuity Web Properties LLC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
You agree that all actions or proceedings arising directly or indirectly out this Agreement or your use of the Site shall be brought in the state or federal courts located in Onondaga County, New York and you hereby expressly submit and consent in advance to the exclusive jurisdiction and venue thereof and are waiving any claim that this is an inconvenient forum or improper forum based on lack of venue. You agree to comply with the laws of New York and the United States that apply to the use of this Service. This Site is created and controlled by Avinuity Web Properties LLC in the State of New York, USA. As such, the laws of New York will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws. If the law of your country, state, or province of residence prohibits or limits your participation in this service, then you are responsible for complying with such laws and you agree to indemnify Avinuity Web Properties LLC against any breach by you.
UPDATES TO THIS AGREEMENT
This Agreement may be modified by This site from time to time, with or without notice to you. You accept any modification by using the Service after the modifications have become effective. If you object to any modification, your sole remedy is cancellation of your account.
Last Updated 7/12/2021.