Welcome to Cook for Love!

An Introductory Note to these Terms and Conditions:

We call it Cook for Love for a reason. We are not out to sell anything, and we are not paid to use or endorse any product. We have created this site because our children were diagnosed with PKU and we want to share what we have learned. We have spent hundreds of hours in our kitchen, shed thousands of tears of frustration and consumed many, many bottles of wine trying to forget our failures. We have poured ourselves into this site — and the development of the recipes on here — out of love for our children, and out of a desire to make life just a little bit better for them. And now we want to share our efforts with the PKU community, and hopefully make things just a little bit better for you too.

We want to enable those of you in the PKU community to help yourselves to recipes that (we hope) you’ll find to be an improvement over what’s been out there before. The whole point is to get the word out, so we strongly encourage you to share the recipes with others. Please talk about them on the List-Serv, your blogs and Facebook pages, but do not post the recipes there — tell people to go to the site.  If you use recipes at local events, we do ask that you credit Cook for Love. It is only through awareness of this Website that we will grow and be able to obtain the funding necessary to keep it going. Please respect our work — don’t steal it, commercialize it or exploit it. Just use it to make your life, and the lives of those affected by PKU, just a little bit better.

We’re going to need to conduct surveys on the Website from time to time. Yes, they can be annoying, but we’ll conduct these surveys and gather information only to make the site better and to meet the needs of this community. We subject you to these surveys because we need data to show our potential sponsors that we are doing what we set out to do. We will not share any personal information or e-mail lists with anyone except as needed to run this Website – read our Privacy Policy.

While we are pretty amazing (and modest), our children have us running around in circles all day, and – like all moms – we are overworked and overwhelmed. We are bound to have made a mistake or two that has not been picked up by our volunteer editors – so you should double check phe counts and nutritional information for our recipes before using them. If there are mistakes on the website, we apologize. Point it out and we will do our best to fix it – but you can’t sue us!

So read the legalese below which contains the terms and conditions for using our site (try not to nod off). Thanks for visiting our site!

Brenda & Rosie,
Founders

Cookforlove.org (this “Website”) is an online service operated by Cook for Love, Inc., a corporation organized under the Not-for-Profit Corporation Law of the State of New York (referred to as “Cook for Love”, “we” or “us” throughout these Terms and Conditions).

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.

1. Terms and Conditions – In General

By using this Website, you agree to be legally bound and to abide by these Terms & Conditions of Use (“Terms & Conditions”), just as if you had signed an agreement. If you do not agree to these Terms & Conditions, you should not use our Website.

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them.

If you do not comply with these Terms & Conditions at any time, we reserve the right to terminate your access to this Website (or any part thereof).

You agree that these Terms & Conditions are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website and the materials and information available on the same.

2. Ownership of Website Content

This Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all information, recipes, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, other materials and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same (including copyrights, patents, trademarks, trade secrets and other proprietary rights) are owned by us, our licensors, or both. The Website Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms & Conditions, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms & Conditions are expressly reserved.

3. Website Access and Use

Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms & Conditions, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) a copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

Furthermore, except as expressly permitted in these Terms & Conditions, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content; (ii) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content; (iii) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;(iv) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (v) decompile, reverse engineer, or disassemble any portion of any the Website; (vi) use network-monitoring software to determine architecture of or extract usage data from the Website; (vii) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity; or (viii) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

You agree to cooperate fully with us to investigate any suspected or actual activity that is in breach of these Terms & Conditions.

4. Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions.

5. User Registration

In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to us – please ask your parent or guardian for help.

If you become a registered user, you agree to provide us with true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.

During registration, you may be asked to create a user name and password; you are responsible for safeguarding and maintaining the confidentiality of your user name and password.

6. User Content

We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, recipes, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; (vi) contains a formula, instruction, or advice that could cause harm or injury; (vii) is a chain letter of any kind; or (viii) the licensed use by us hereunder would result in us having any obligation or liability to any party. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.

By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms & Conditions.

7. Conditions for Linking to Website

We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

8. Third Party Links

These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

9. Health Disclaimer

This Website provides specialized recipes and demonstration of cooking methods tailored to the dietary restrictions of phenylketonuria (PKU) and is intended only to assist users in preparation of foods. Cook for Love is not a medical organization, and we cannot give you medical or dietary advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis.

The recipes and demonstrations provided on the Website should not be interpreted as a substitute for physician or dietician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician or dietician in the management of your diet. Any change you make to your diet may impact your blood phenylalanine levels. Follow the instructions and advice of your physician and dietician carefully.

The phenylalanine content of the recipes on this Website were calculated using available resources, but we can not guarantee that they are free from mistakes or inaccuracies. We recommend checking with your dietician or medical provider to ensure accuracy of the information posted on this Website.

10. Other Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.

THE RECIPES AND PHENYLALANINE CONTENT OF THE RECIPES ON THIS SITE WERE CALCULATED BY US USING AVAILABLE RESOURCES, BUT WE CANNOT GUARANTEE THAT THEY ARE FREE FROM MISTAKES OR INACCURACIES. WE RECOMMEND CHECKING WITH YOUR DIETICIAN OR MEDICAL PROVIDER TO ENSURE ACCURACY OF THE INFORMATION POSTED ON THIS WEBSITE. COOK FOR LOVE IS NOT RESPONSIBLE FOR ANY ERRORS, INACCURACIES OR OMISSIONS.

THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, COOK FOR LOVE AND ITS DIRECTORS,OFFICERS AND EMPLOYEES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

11. Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COOK FOR LOVE AND OUR DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify and hold harmless Cook for Love and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you; (iii) any actual or alleged violation or breach by you of these Terms & Conditions; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

13. Termination

We reserve the right in our sole discretion and at any time to terminate or suspend your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms & Conditions. You agree that we shall not be liable to you or any third party for any termination or suspension of your access to the Website. Any suspension or termination shall not affect your obligations to us under these Terms & Conditions.

14. Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website without your permission or in any way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Website; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact Cook for Love at the following address: 30 Seneca Street, Dobbs Ferry, New York 10522.

15. Choice of Law; Jurisdiction and Venue

These Terms & Conditions shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any legal proceedings against Cook for Love that may arise out of, relate to, or be in any way connected with our Website or these Terms & Conditions shall be brought exclusively in the state and federal courts of New York located in New York county and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

16. Miscellaneous

These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.

Any delay or failure on the part of us to exercise or enforce any rights under these Terms & Conditions to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. These Terms & Conditions (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof.

Children under the age of thirteen must have permission from a parent or guardian to use this Website. This site is not intended or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child without permission from a parent or guardian of the child.

If any provision of these Terms & Conditions is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms & Conditions, which shall remain in full force and effect.

You may not assign these Terms & Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. Cook for Love may assign these Terms & Conditions or any rights hereunder without your consent and without notice.

Last updated: July 2009


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