Last updated May 12, 2023
Any personal data that is provided to or gathered by the Services is controlled by Okay, Perfect PBC, a Colorado Public Benefit Corporation with its principal place of business located at 6333 Swallow Lane, Boulder, CO, 80303, US. If you have any questions about how we use and store your personal data or any requests regarding changing or deleting your personal data from RecipeKick, please contact us at email@example.com.
You may be prompted to accept this Policy prior to being able to use the Services. By clicking “accept” you agree that you have read through this Policy and accept the terms and conditions set throughout.
Notice of changes
We reserve the right to revise this Policy in its sole discretion by posting an announcement on our Services or sending notice to your email regarding any substantial changes of the Policy, and you will be provided with options to delete your personal information from us.
Acceptance by continued use
Your continued use of the Site, or Services after a revised version of this Policy has been posted by us to the Site constitutes your binding acceptance of such revision and the revised Policy.
Notwithstanding the preceding sentences of this paragraph, no revisions to this Policy will apply to any dispute between you and us that arose prior to the date of such revision.
No liability for actions of third parties
We are not responsible for the actions of third parties or companies, the content of their sites, the use of information you provide to them, or any products or services they may offer. Any link to those sites does not constitute our affiliation with those people or companies.
When you visit our Site, or use any of our Services, you access features and content that is owned by us, including any information, text, graphics, photos, lists of items compiled by us, links, or other materials uploaded by us and made downloadable to you, any materials appearing on, or linked to the Services (collectively, the “Content”).
Personal data collected automatically; Use of data
While you are using our Services, your computer’s operating system, the mobile device you use, your Internet Protocol (IP) address, access times, browser type and your language preferences may be recorded automatically. We may use this information to monitor, develop and analyze your use of the Service.
THE COLLECTION, STORAGE AND SHARING OF YOUR PERSONAL DATA
Purpose of this Policy
This Policy provides notice to you regarding our treatment of Personal Information that we gather when you access the Services and/or use the Content. We explain what data we collect, why we collect such data, how we store the collected data and what options you have regarding your personal information.
Types of Data We Collect
Non-personal data collected
We may collect two types of data and information from you:
The first type of information is non-identifiable and anonymous information (“Non-Personal Information”). We are not aware of the identity of the user from which we have collected Non-Personal Information. Non-Personal Information is any unconcealed information which is available to us while users are using the Site. Non-Personal Information which is being gathered from your web browser when you interact with the Services consists of technical information and behavioral information, such as, usage details, device information (the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number), stored information and files (metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information), location information, screen resolution, and the period of time the user visited the Site.
Personal data collected
The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature. Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by you including: your full name, email address, IP address, gender, age or birthday, billing and shipping address, credit card information, and any other information you choose to provide to us.
Consent of users for collection of personal data
As user, you do not have any legal obligation to provide any information to us. However, we require certain information from you to operate properly. You hereby agree and acknowledge that any Personal Information you do provide to us is provided at your own free will, for the purposes mentioned in this Policy, and that we may keep such Personal Information in a database(s) which will be registered and kept in accordance with applicable laws and regulations.
How long we keep personal data
We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes set out in this Policy.
Methods We Use to Collect Data
Registration and subscription data
We collect Personal Information when you register to our newsletter or subscribe to our Services by completing the registration process on our Site.
If you contact us, we may keep a record of that correspondence.
You can choose not to provide us with certain information, but then you may not be able to access or use many of our features (please see below for further information on the choices you have).
Usage of data received automatically
We receive and store certain types of information whenever you interact with our platforms or use any feature of our Service. In other words, when you are using the Site, we may gather, collect and store the information relating to such usage, either independently or through the help of third-party services as detailed below.
Usage data in aggregated form
More generally, our Services automatically collect usage information, such as the numbers and frequency of visits to our Services and its components. We only use this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Services or another feature of the Content so that we can make the Services appealing to as many customers as possible and improve the Content.
Disclosure of aggregated data to third parties
We never disclose aggregate information to a partner in a manner that would identify you personally. We only disclose information to third parties it trusts.
Email delivery confirmations; Use of email confirmations
We often receive a confirmation when you open an email from us if your computer supports this type of program. We use this confirmation to help us make emails more interesting and helpful. We also review our user list to avoid sending unnecessary messages to our users.
Why We Collect Your Data
Purpose of collecting data
Our primary goals in collecting and using information is to improve our Service, contact you, conduct research and create reports for internal use.
Purposes of collection non-personal data
Non-Personal Information is collected to create aggregated statistical data for research purposes and customization and improvement of the Site.
Purposes of collection Personal data
Personal Information is collected to:
Create a user’s account (via third parties);
Operate the Services;
Process payments (via third parties);
Communicate with you about our products, services, promotional offers and your orders;
Administer your accounts and update our records;
Improve our Services and platform, prevent or detect abuses of our Services and enable third parties to carry out technical, logistical or other functions on our behalf;
Contact you for providing technical assistance and other related information to the Services and collect feedback;
Use for market research, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity;
Use for risk control, for fraud detection and prevention, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements;
Share with third-party contractors;
Where We Store Your Data
Place of storage and processing of personal data
We may transfer and/or store your Personal Information on servers and equipment in the United States.
Your Personal Information and data may also be processed and used by staff operating outside the United States who work for us or for our contractors.
By using our website and providing your Personal Information, you agree to the transfer, storing and processing of your Personal Information. We take all reasonably necessary steps to ensure that your data is treated securely and in accordance with this Policy.
How We Secure Your Data
No guarantee of information security
We take reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties.
Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems.
Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information.
We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Services, you are responsible for keeping this password confidential. You must not share a password with anyone.
We Share Data with Third Parties
Share of data with third parties
We share your Personal Information only as described in this Policy and require commercial entities with which we share your Personal Information to agree to keep your information confidential.
No responsibility for third parties
We do not control other websites. The Services may contain links to third-party websites and other sites not controlled by us.
Share of information with advertisers
We Share Your Data with Third Parties. We may share your Personal Information with selected third parties including advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others.
Additionally, we may provide selected third parties including advertisers and advertising networks with aggregate data about our users.
We may also use such aggregate data to help advertisers reach the kind of audience they want to target. We may make use of the Personal Information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisements to targeted audience.
Share of information with search engines; Opt-out
We may share your Personal Information to analytics and search engine providers that assist us in the improvement and optimization of our platform. You can opt out of this feature by emailing us at firstname.lastname@example.org.
Share of information with contractors
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and Services to you. Unless we tell you differently, our agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.
INFORMATION WE COLLECT IN YOUR ACTIVITIES
User Profiles and Postings
Consent to emails
When you create an account with us and register to our Services, you consent to receive certain necessary emails or other communications from us, including, but not limited to communications regarding your use of the Services. If you do not wish to receive any communications, you should not register to our Services. Notwithstanding, you have the absolute right to opt out from our mailing list at any time.
From time to time, we might need to send you announcements and administrative messages. These communications are necessary for the operation of Services, which you may not be able to opt-out from receiving.
Access to User profile information
User profile information including your full name, email address, and other information you enter may be displayed to other users to facilitate user interaction within the Services.
Use of emails
Email addresses are used to communicate and add new users.
Use of emails
We may collect your email address when you contact us, and we may use that email address to contact you about your user experience with us and notify you about company news.
If you no longer wish to receive certain email notifications, you may opt-out at any time by clicking “unsubscribe” or emailing us at email@example.com.
Transfer of data to successors
In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if we, or substantially of our assets were acquired, or in the unlikely event that we go out of business or enters bankruptcy, customer information would be one of the assets that is transferred to or acquired by a third party.
You acknowledge that such transfers may occur, and that any successor of RecipeKick may continue to use your Personal Information as set forth in this Policy.
General Data Protection Regulation
All capitalized terms used in this Section and not otherwise defined in this Policy shall have the meanings given to them in the General Data Protection Regulation ((EU) 2016/679) (the “GDPR”) or such other applicable data protection laws, including those of the United States (together the “Applicable Data Protection Legislation”).
What is considered Personal Data
GDPR defines personal data to mean any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. As such, the following personal identifies are name, identification number, location data, and online identifier. The scope of information that can be considered personal data is subject to change as technology and the way that organizations collect information about people change.
Okay, Perfect PBC is an international business, headquartered in the United States of America (“US”). We may in the ordinary course of our business, including the performance of the services under this Policy, transfer Personal Data received outside the US to our US-based affiliates and/ or any other affiliates globally in accordance with Applicable Data Protection Legislation. You acknowledge and agrees that we, as reasonably required for the performance of the Services hereunder, be permitted to transfer Personal Data to our affiliates in accordance with Applicable Data Protection Legislation.
Legal Basis for Use of your Personal Data
Privacy laws in the European Economic Area (“EEA”) and certain other countries require us to identify the “legal basis” for our use of personal data. We use personal data as you have consented for us to do so, or as necessary for our legitimate interests (or those of a third party), but only where your rights and interests are not negatively impacted.
Purposes for which we will process the information
Legal Basis for the processing
To deliver services to users and process transactions.
It is necessary for us to process your personal data in order to deliver the services and process transactions according to the applicable contract between us.
To send communications to you about our products, services, promotions, offers, news, and events.
We will send electronic communications (such as emails and SMS messages) to you if you have consented to these communications. With respect to other communications, it is in our legitimate interest to communicate to you about our products, services, promotions, offers, news, and events. We consider this use to be proportionate and will not be prejudicial or detrimental to you
To determine how you found out about us.
It is in our legitimate interest to understand how our customers find our Site and/or our Services. We consider this use to be proportionate and will not be prejudicial or detrimental to you
To serve advertising, content, and offers to you based on your interests and online activities, from us or third parties.
We will serve you advertising, content, and offers to you based on your interests and online activities if you have consented to this processing.
To enable our service providers to perform certain activities on our behalf.
It is necessary for us to process your personal data in this manner in order to deliver the services and process transactions according to the applicable contract between us. It is also in our legitimate interest to enable our service providers to perform certain activities on our behalf. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
To notify you of any changes to the Site that may affect you.
It is necessary for us to process your personal data in order to deliver the services and process transactions according to the applicable contract between us.
To contact you or to respond to your communications, including to provide you with products and information you request.
It is necessary for us to process your personal data in order to communicate with you.
To improve our Site, shopping experience, and quality of service.
It is in our legitimate interest to improve our Site, experience, and quality of service. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
To administer our Site including troubleshooting, data analysis, testing, research, statistical, and survey purposes; and
For all these categories, it is in our legitimate interest to continually monitor and improve our services and your experience of the Site and to ensure network security. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
To improve our Site to ensure that consent is presented in the most effective manner for you and your computer, device, or other item of hardware through which you access the Site
To keep our Site safe and secure and to prevent and detect fraud and abuse; and
We conduct this processing to comply with our legal obligations and to protect the public interest.
To comply with our legal obligations, policies, and procedures.
To process otherwise for internal administrative and analytics purposes.
It is in our legitimate interest to process your personal data for internal administrative or analytics purposes. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
International Data Transfers
Some of our processing of your data may involve transferring your data outside the EEA. Some of our external third-party service providers are also based outside of the EEA, and their processing of your personal data will involve a transfer of data outside the EEA. This includes the US. Where personal data is transferred to and stored in a country not determined by the European Commission as providing adequate levels of protection for personal data, we take steps to provide appropriate safeguards to protect your personal data, including entering into standard contractual clauses approved by the European Commission, obliging recipients to protect your personal data.
Personal Data Retention
We will retain your personal data for as long as necessary for the purposes it was attained, such as to enable you to use the Site and products or to provide services to you. In some instances, we may retain data for longer periods in order to comply with applicable laws (including those regarding document retention), resolve disputes with any parties, and otherwise as necessary to allow us to conduct our business. All personal data we retain will be subject to this Policy and our internal retention guidelines.
Your Rights under GDPR
GDPR gives EU data subjects new rights over how their personal data is collected, processed, and transferred by data controllers and processors. If you fall under GDPR protection then, upon request and in certain cases, you may have the right to, among other things:
obtain confirmation from the data controller as to whether or not your personal data is being processed, where it is being processed, and for what purpose it is being processed;
access to your personal data and related information that an organization has collected about you;
correct any of your personal information that is inaccurate;
know the reason for your data being collected and the categories of personal data that an organization processes;
know the retention period an organization will store your personal data;
restrict or limit how we use your personal information;
request the limiting of the organization’s processing;
object to the processing of your personal information: you have the right to lodge a complaint with a supervisory authority in the member state of your habitual residence;
request your personal information to be deleted;
obtain a copy of your personal information in an easily accessible format;
transmit your personal information to another controller, including to have it transmitted directly, where technically feasible;
withdraw your consent to the processing of your personal information, if processing is solely based on your consent;
be notified by a breach notification within 72 hours of first having become aware of a breach.
If you withdraw your consent to the use or sharing of your personal information for the purposes set out in this Policy, you may not have access to all (or any) of the Services and we might not be able to provide you all (or any) of the Services. Please note that, in certain cases, we may continue to process your personal information after you have withdrawn consent and requested that we delete your personal information, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation or if it is necessary to do so to pursue our legitimate interest in keeping the services safe and secure or if deleting the information would undermine the integrity of a research study in which you are enrolled.
We will comply with all applicable laws including without limitation all Applicable Data Protection Legislation, and other general data protection and privacy regulations.
Contact for GDPR requests
If you are using the Services from European Union countries, the General Data Protection Regulation (GDPR) gives you the right to access information about you. For any request or question regarding obtaining a copy of personal data we hold relating to you, and/or correction or deletion of your personal data, and/or object to any processing of your personal data, you can submit a Data Access Request by emailing us at firstname.lastname@example.org. We will respond to your access and/or correction request within 30 days.
Notice to California Users
Subject to the limitations under California Civil Code § 1798.83, if you are a California resident and have an established business relationship with us, you may ask us to provide you with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year. You may also request the identity of certain third parties that received your personal information from us for their direct marketing purposes during the immediately preceding calendar year. You may make a request as described hereinabove once a year.
To make such a request, you can contact us at email@example.com. Please mention in your communication that you are making a “California Shine the Light” inquiry. We will respond within 30 days.
Right to disclose when legally required
We may release Personal Information when we believe in good faith that release is necessary to comply with the law, regulation or legal request; enforce or apply our conditions of use and other agreements; or protect the rights, property, or the safety of our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection.
You agree that we may also share your data with entities where we are engaged in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.
YOUR ACCESS OF PERSONAL INFORMATION
Access and change of information
We allow you to access and view the following information, and in certain situations, to update that information:
your full name;
your email address;
full profile address;
credit card information.
Retaining of anonymized data
However, please note that although your Personal Information may be removed from our databases, we may retain the anonymous information contained in the data you provided, and such information will continue to be used by us for statistical purpose.
After a user requests to delete any data, a manual process will begin to permanently delete the requested data. Once the process begins, it cannot be reversed, and the data will be permanently deleted. Any kept shall be retained in an anonymized manner.
Retaining of deleted data
As a registered RecipeKick user, you can always view, access, and change your information by logging into your account. You can delete your account by emailing at firstname.lastname@example.org.
Similarly, we collect and retains usage data, other metadata and statistical information concerning the use of the Service, which is not subject to the deletion procedures in this Policy and may be retained by us. We may store unrevised information in our records.
Some data may also be retained on our third-party service providers’ servers.
You can always opt not to disclose certain personal information to us by emailing at email@example.com. However, if you opt not to disclose certain personal information, your access to certain Services.
Service not for children
We do not knowingly market or sell services for purchase by children. The Services are not designed for use by children under 13 years old. Children under 13 are not allowed to register with or use the Services or submit personal data through the Services.
We do not knowingly collect personal data from anyone under the age of 13. If we discover that we have collected Personal Information from a child under 13, we will delete that information immediately and completely.
Opt Out of Legal Notice
If you choose not to receive legal notices from us, such as an update of this Policy, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes.
Changes to this Policy
We reserve the right to change this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used.
If we make substantial changes in the way we use personal data, we will notify you by posting an announcement on our Services or sending you an email.
Otherwise, all other changes to this Policy are effective as of the stated “Last Revised” date, and your continued use of our services after the Last Revised date will constitute your acknowledgement to those changes.
A cookie is a small text file that is stored on a user's computer for tracking and record-keeping purposes. Cookies alone cannot be used to identify you as they never contain personal information such as names and email addresses.
By using the Services, you consent to the cookies referenced above being dropped onto your computers and devices.
It is easy to change your cookie settings. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, your online experience with the Services may be affected.
You can block any cookies by changing the settings on your browser or the settings on your mobile device. The “Help” feature on most browsers and the “Privacy” feature on most mobile devices will tell you how to disable cookies entirely, how to stop accepting new cookies and how to set up notifications when you receive new cookies.
Additionally, you can disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. However, if you use your browser settings to block all cookies (including necessary cookies) you may not be able to access all or parts of our Services.
Please see www.allaboutcookies.org for more information about blocking cookies on your particular browser.
Cookies We Use
Types of cookies used
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our Services. They include, for example, cookies that enable you to log into certain areas of our Services. Without these cookies, we may not be able to provide the necessary services such as remembering your username.
Analytical/performance cookies. They allow us to track users’ activities on the Services which helps us to improve the features on the Services such as making popular features easier to access. These cookies collect anonymous information only and do not show identifiable personal information.
Functionality cookies. These cookies are used to recognize you and remember your account settings and preferences.
Targeting cookies. These cookies record your activities on the Services including the pages you have visited and the items you have liked. We use these cookies to make our Services and the advertisements displayed more relevant to your interests. We may also share this information with third parties for the same purpose.
We also use the above cookies for conducting diagnostics to improve our Content, Services, fraud prevention and security.
Session ID and persistent cookies
We use both session ID cookies and persistent cookies, as well as your browser`s local storage for saving sessions, to make it easier for you to navigate our platform. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies via your browser’s ‘clear cookie’ function.
No control over third parties cookies
Please note that third parties such as advertising networks and web traffic analysis providers may also use the above cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
You can opt out of data collection or use by some of the analytics providers by contacting us at firstname.lastname@example.org.
LIMITATION OF LIABILITY
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE OR ANY COMPUTER VIRUSES ON YOUR COMPUTER OR ELECTRONIC DEVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You will indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any portion of this Policy. If you have to indemnify us under this Section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
Right to assign
We have the right, at our election, to assign this Policy or any of its rights hereunder, or delegate any of its obligations hereunder in whole or in part, to any person, firm, or corporation. You will not have the right to assign or transfer any rights hereunder.
CLASS ACTION WAIVER
Class Action Waiver
Where permitted under applicable law, you and us agree that each may bring claims only against the other in your or its individual capacity, and not as a class member in any purported class or representative action. Unless both you and us agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If a dispute arises from or relates to this Policy, your use of the Site or Services, or the breach thereof, and if the dispute cannot be settled through direct discussions, you agree that any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds one hundred thousand dollars ($100,000.00), in which case the dispute shall be heard by a panel of three (3) arbitrators. The place of arbitration shall be in Boulder, Colorado. The arbitration shall be governed by the laws of the State of Colorado. The prevailing party shall be entitled to an award of reasonable attorney fees, if awarded by the arbitrator(s).
Exemptions from arbitration clause
Notwithstanding the foregoing, if a third-party claim is brought against either party for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of content which is contrary to the rights granted in this Policy, the parties shall not be bound by this arbitration provision and may defend themselves and make a claim against the other party in the appropriate court of law and/or equity.
In the event of a dispute arising out of this Policy and not subject to the arbitration provision above, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees.
This Policy shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions.
The parties to this Policy agree that any claim or dispute arising under this Policy must be resolved by a court located in Boulder, Colorado, except as otherwise agreed by the parties or as described in the Arbitration provision above.
Entire agreement; Severability
This Policy contains the entire agreement and understanding between us regarding the subject matter contained herein and supersedes and replaces all prior negotiations or proposed agreements, written or oral.
You acknowledge that no other party, nor agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the undersigned to execute this Policy, and acknowledge that you have not executed this Policy in reliance upon such promise, representation or warranty not contained herein. You may be subject to additional Policy agreements that may apply when you use affiliate services, third-party content or third-party software.
Every provision herein is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
If you have any questions about this Policy, the practices of RecipeKick, or your dealings with the Site or Services, please contact us at email@example.com.
This Policy has been drawn up in the English language. In case of discrepancies between the English text version of this Policy and any translation, the English version shall prevail.