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PRIVACY POLICY AND TERMS OF SERVICE

Last Updated on April 9, 2009


Terms of Service

The thesimpleskillet.com web site (the “Site”) is a service of The Simple Skillet, LLC (“Simple Skillet,” “us” or “we”). Section A (the “Terms of Service”) of this Privacy Policy and Terms of Service sets forth the terms and conditions under which you may enter and use the Site and any services available on the Site (the “Services”) including, without limitation, the ability to view menus and search and view recipes, shopping lists, and information and articles regarding nutrition, cooking and family matters on the Site (collectively, the “Content”). Section B (the “Privacy Policy”) of this Privacy Policy and Terms of Service outlines what information we may collect and how we may use that information. This Privacy Policy applies only to information you provide to us using this Site.

YOU SHOULD REVIEW THIS PRIVACY POLICY AND TERMS OF SERVICE CAREFULLY. BY ENTERING OR USING THE SITE AND/OR BY SUBSCRIBING TO THE SITE, YOU AGREE TO THIS PRIVACY POLICY AND TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY AND TERMS OF SERVICE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ENTER OR USE THE SITE.

We may revise this Privacy Policy and Terms of Service at any time. When we do, we will also revise the “Last Updated” date at the top of this Privacy Policy and Terms of Service. You are responsible for regularly reviewing the current Privacy Policy and Terms of Service. The most current version of the Privacy Policy and Terms of Service can be reviewed by clicking on the “Privacy Policy and Terms of Service” hypertext link located near the bottom of our home page. We may add additional conditions which govern your use of the Site by posting such conditions on the Site from time-to-time. Your continued entry to and/or use of the Site after we post any revisions constitutes your agreement to any such revisions.



Section A: Terms of Service

1. General Use and Restrictions.

1.1 Use of Site. Subject to the further provisions set forth in these Terms of Service, Simple Skillet grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site solely for informational and non-commercial purposes and for other purposes expressly permitted by Simple Skillet in writing on the Site. If you are a Member (as defined below), Simple Skillet also grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site for the purpose of searching and viewing Member’s special Content for informational and non-commercial purposes, subject to the further provisions set forth in these Terms of Service. You agree not to enter or use the Site for any purpose that is prohibited by these Terms of Service or is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site.

1.2 Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information.

1.3 Use of Content. You may print or copy any Content that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of these Terms of Service including, without limitation, Section 1.4 below. If you are a Member, you may share your printed copy of Content with members of your household, and make replacement copies as necessary for your personal household use.

1.4 Restrictions. Other than printing or copying Content for informational non-commercial purposes as provided in Section 1.3 above, and use of Content as provided in Section 1.1 above, you may not (and you agree that you will not) (a) reproduce, distribute, create derivative works or publicly display any Content without first receiving our express written permission, (b) share the Content with any third party outside of Member’s household, other than on a spontaneous incidental basis, or otherwise make the Content available to any third party outside of Member’s household, (c) use any of our trademarks as metatags on other web sites, or as keywords for search results page advertisement, (d) use the Site in any manner that is illegal or that impairs the operation of the Site or its availability or usage by others, and/or (e) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any web crawlers, robots, spiders, or any data gathering or extraction tools, or otherwise engage in data mining in connection with your use of the Site. Search engines may engage in customary site indexing and caching. You agree not to submit to the Site any malicious software of any kind, including without limitation viruses or Trojan horses.

2. Member Account, Password and Security

2.1 General. A user’s ability to use the Services depends on the particular user’s membership status.

2.2 Account and Password. If you subscribe to the Services and we issue an account to you to use the Services (an “Account”), we will also issue a username and/or password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a “Member”). You may not authorize any third party to enter and/or use your Account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your password and other information relating to your Account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your Account, you will be responsible for all use by the party using your Account. You agree to (a) immediately notify Simple Skillet of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Simple Skillet cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

2.3 Membership Status. Members have access to special Content on the Site. If you are not a Member, you agree not to use or access, or attempt to use or access, any Content and/or Services intended only for Members.

2.4 Term of Service. Each Account for Members is established for a period of one year beginning on the date you subscribe to the Site (the “Start Date”). All Accounts for which the Member has provided credit card information shall automatically renew for successive periods of one (1) year each, unless either party gives the other party written notice of its intention not to automatically renew at least one (1) day before the scheduled expiration of the then current term. The initial membership period of one (1) year and each successive renewal period shall be referred to collectively herein as the “Term.”

2.5 Annual Fees. If you are purchasing a gift subscription on behalf of another person (a “Gift Recipient”), you agree to pay the annual fee on the date you purchase the gift subscription. If you are a Member (other than a Gift Recipient), you agree to pay the annual fee on the Start Date, and on each anniversary thereof, during the Term.

2.6 Payment Method. All amounts payable hereunder must be made by a credit card designated by you, or by such other form of payment as Simple Skillet may permit from time to time. If you pay by credit card, you agree that Simple Skillet is authorized to charge your designated card on the applicable due date. If Simple Skillet does not receive payment from the applicable card issuer or its agents, you agree to pay all amounts due immediately upon demand. You agree to promptly notify Simple Skillet of changes to (a) the account number or expiration date of your designated card, and/or (b) your billing address. You also agree to promptly notify us if your card is canceled.

2.7 Termination/Suspension. We may, in our sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof. If we terminate your use of the Services on grounds that you have violated these Terms of Service, you will not be entitled to any refund of the payments that you have made to Simple Skillet, if any. If we terminate your use of the Services in their entirety for any other reason, then you will be entitled to a refund, on a pro-rata basis, of the amount of payments that you have made, if any, corresponding to the portion of your Services remaining as of the date of termination.

3. Linking and Third Party Dealings.

3.1 Links to External Sites. We may provide hyperlinks to other web sites and Internet resources operated by parties other than Simple Skillet. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any affiliation with or sponsorship or endorsement of the material on such web sites or their operators.

3.2 Linking to the Site. Subject to the further provisions of this Section 3.2, we welcome links to the Site from other web sites. If we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at anytime after such demand is made.

4. Trademarks

4.1 General. The Site and all original Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Simple Skillet or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in these Terms of Service, all rights in and to the Site and Content are expressly reserved by Simple Skillet.

4.2 Trademark Skillets. THE SIMPLE SKILLET and the Skillet Logo are trademarks or registered trademarks of Simple Skillet, and, except as expressly provided in Section 1.3 above, may not be imitated, duplicated or used, in whole or in part, without prior written content from Simple Skillet.

5. Legal Disclaimer

5.1 General. The information provided in this Site is meant for informational purposes only and is not intended to substitute for any type of medical advice, diagnosis, or treatment. You should always check with your doctor before you make changes to your diet. Please consult your physician or a registered dietitian if you have any questions about your diet, medical condition or the information presented herein.

5.2 Nutritional Information. Simple Skillet recipes may include nutritional information and values at the bottom of the recipe (“Nutritional Information”). Nutritional Information is obtained from The Food Processor, Version 10.3 (ESHA Research) or is provided by food manufacturers. For more information about ESHA Research, please visit their website at www.esha.com.

5.3 Using Simple Skillet Information with Care. Simple Skillet is committed to providing recipe-based nutritional information so that individuals may, by choice or under a doctor’s advice, adhere to specific dietary requirements and make healthful recipe choices. The Nutritional Information is based on individual recipe ingredients. While we have attempted to provide you with accurate Nutritional Information, the Nutritional Information is not intended for medical nutrition therapy. If you are following a strict diet for medical or dietary reasons, it is important that you, first, consult your physician or registered dietitian before planning your meals based on recipes on the Site, and second, remain under appropriate medical supervision while using the recipes and/or Nutritional Information on the Site.

5.4 Other resources. The American Dietetic Association, the American Heart Association and the American Cancer Association can also provide more detailed information on how you and your family can benefit from adhering to a healthy diet. Simple Skillet is providing this information for reference purposes only; this information does not imply any affiliation with or sponsorship or endorsement of these entities or the information they provide.

6. Disclaimer.

You expressly acknowledge and agree that your use of the Site and Content is at your sole risk. To the maximum extent permitted by applicable law, the Site and Content is provided to you on an “AS IS” basis. Simple Skillet makes no representations or warranties relating to the Site or Content including, without limitation, representations or warranties that (a) the Site or Content shall meet your requirements, (b) the operation of the Site will be uninterrupted or error free, or (c) any defects in the Site or Content will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLE SKILLET HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT SIMPLE SKILLET KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SITE AND THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLE SKILLET FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON INFRINGEMENT WITH RESPECT TO THE SITE AND THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SIMPLE SKILLET OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF SERVICE, THE SITE OR THE CONTENT, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF SIMPLE SKILLET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. To the extent not prohibited by law, in no event shall Simple Skillet’s total liability to you for all damages exceed the greater of (a) $5.00, or (b) the aggregate of all fees received by Simple Skillet from you within the twelve (12) month period before the applicable claim arises.

8. Modifications to the Site or Services.

For the avoidance of doubt, we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and the Content, at any time for any reason (or for no reason) and without notice or liability, subject only to the terms of Section 2.5 above.

9. Governing Law and Jurisdiction.

The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. These Terms of Service shall be deemed to be agreed to by you in Santa Clara County, California. These Terms of Service, and all matters arising out of or relating to these Terms of Service, shall be governed by the laws of the State of California and the United States, without giving effect to the conflict of law provisions thereof. You consent to exclusive jurisdiction and venue in the federal courts sitting in San Jose, California, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Santa Clara County, California. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.

10. Security.

Information transmitted on the Internet and/or stored on systems connected to the Internet is not 100% secure. As a result, we cannot ensure, warrant or guarantee the security or integrity of such information.

11. Miscellaneous.

This Privacy Policy and Terms of Service (including any supplements hereto as provided above) constitutes the entire agreement between the parties with respect to your use of the Site (including, without limitation, the Service) and supersedes all prior and contemporaneous agreements and understandings regarding such subject matter. You may not transfer any rights, interests or obligations you may have to your Account or under these Terms of Service without the prior written consent of Simple Skillet. Simple Skillet may assign our rights under these Terms of Service, in whole or in part, without your consent. If any provision of these Terms of Service is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is illegal, unenforceable or void, it being the intent and agreement of the parties that these Terms of Service shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefore another provision that is legal and enforceable and achieves the same objective. If the remainder of these Terms of Service shall not be affected by such declaration or finding and is capable of substantial performance, then, each provision not so affected shall be enforced to the extent permitted by law. A printed version of these Terms of Service of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Simple Skillet to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. None of our rights or remedies conferred by these Terms of Service are exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. If we bring any suit against you to enforce these Terms of Service or otherwise in connection with your use and/or enter of the Site, you agree that if we prevail in such suit we shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service. Simple Skillet may provide notice to you relating to these Terms of Service by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Site.



Section B: Privacy Policy

1. Information We Collect.

We collect “personally identifiable information” and “automatic information.” “Personally identifiable information” is information that tells us who you are, such as your name, address, phone number, email address, referral code and credit card information. We collect personally identifiable information only if you voluntarily choose to provide it to us when you subscribe to the Site as a Member.

You can choose not to provide personally identifiable information to us. However, if you do not provide such information, you will not be able to subscribe to the Site, so your ability to use the Site, Services and Content will be limited to those web pages available to unregistered users of the Site.

“Automatic information” is information automatically collected by our web server (which may be hosted by a third-party) that your web browser makes available whenever you visit our Site, such as browser type, operating system and IP address. We may collect such automatic information when you visit the Site. Your IP address may be associated with personally identifiable information; your browser type and operating system will not be associated with personally identifiable information.

This Site also uses “cookies,” which are pieces of information that are temporarily stored in your computer’s memory to help our Site recognize you while using the Site Cookies cannot be used to access any personal information from your computer. Cookies are used as a standard practice by many sites. As important as cookies are to our Site, we understand that this might make you uncomfortable. If you would prefer not to accept cookies from our Site or any other site, you can modify the setting on your specific web browser. However, the Site may not function properly if you modify your settings. Please refer to your browser's online help feature or the user’s manual for instructions on how to do this. Cookies may be associated your personally identifiable information to facilitate your access to your Account.

2. Use of Information We Collect.

We use personally identifiable information for the purpose for which it was provided to us. For example, we may use personally identifiable information that you submit when subscribing to the Site as a Member to establish your Account. We may also use personally identifiable information to provide customer support, to send you newsletters and emails containing news articles or information about menus and other similar matters (which you can opt out of receiving by notifying us), to send you e-mails about your Account and the Site, and to respond to e-mails. We may also use demographic information to better understand our customer base and determine how we can improve the Services. We may use your referral code to identify you with the organization associated with that referral code (the “Associated Organization”). We may use automatic information to ensure that the Site functions properly for you. We may also use your IP address as required for security purposes when you submit a payment to us.

3. Disclosure of Information.

We may disclose personally identifiable information about you to third parties who provide services to us and who agree to maintain such information in accordance with this Privacy Policy. These third parties may provide a variety of services to us including, without limitation, hosting this Site, providing technical support, processing and storing user and payment information, updating your customer information records in our database (including both physical address and email address verification), and sending or coordinating the sending of marketing communications on our behalf. We do not authorize such third parties to make any other use of your information.

If you provide us with a referral code, we may disclose your name to the Associated Organization, so that it can properly track individuals who have subscribed to the Site.

We may disclose personally identifiable information in special cases when we have reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may have breached our Privacy Policy and Terms of Service or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Site, or anyone else who could be harmed by such activities. We may also disclose personally identifiable information when we reasonably believe that the law requires it. We may sell or buy subsidiaries, or business units. In such transactions, personally identifiable information generally is one of the transferred business assets but remains subject to any pre-existing Privacy Policy. Also, in the unlikely event that some or all of our assets are sold, personally identifiable information may be one of the transferred assets.

We may disclose non-personally identifiable information in aggregate form to third parties including, without limitation, advertisers, business partners, and distributors.

4. Access to Your Information.

Members may access, change, correct and/or update personal information provided to us by accessing the Account portion of your Member’s Page. This page allows you to change, correct and/or update your billing information, and your name, address, and e-mail address.

5. Privacy of Children.

The Site is a general audience web site. We do not intentionally collect personally identifiable information from users of this Site who are under the age of thirteen. If we become aware that a user of our Site is under the age of thirteen and has provided an online registration, we will remove that child’s personal information from our files.

6. Links to Other Websites.

While you are using this Site, you may be linked or directed to other third party web sites outside of the Site that are beyond our control. Each of these third parties may have a privacy policy different from ours. Please review the privacy policies of these sites. We are not responsible for any actions or policies of such third parties.

7. Privacy Support.

If you have an inquiry or concern about our privacy policy, please contact us via email at info@TheSimpleSkillet.com.

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