Terms of Use

Last revised on: February 10, 2021

BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU.

These Terms of Use, along with our Privacy Policy and any additional terms, procedures or rules that may apply to a specific feature of the Website that are owned or operated by BHK, LLC or its affiliates (“we”, “us”, “our” or “BHK, LLC”), are a contract in electronic form between you (“you,” “your,” and “yourself”) and BHK, LLC (the “Terms of Use”). These Terms of Use set forth the legally binding terms governing your access and use of the Website. These Terms of Use apply to us and our affiliates only and do not cover other companies, including third parties that may advertise or sponsor content, products or services on the Website or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Website or any Content (as defined below).

The Website and its content are for general information, discussion and entertainment purposes only. Your use of the Website constitutes your agreement to these Terms of Use. If you do not agree with these Terms of Use, please do not use the Website. We reserve the right to change, modify, add, or remove portions of these Terms of Use at any time, and the modified Terms of Use will be effective when posted on the Website. Please check this page periodically for any modifications. Your use of any of the Website following the posting of changes constitutes your acceptance of the changes.

THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY, CHOICE OF LAW AND BINDING ARBITRATION CLAUSES, AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ THEM.

These Terms of Use also incorporate the terms contained in our Privacy Policy, so please read.

Section 1. General Terms

1.1. Ownership. The content on the Website is our property, or the property of our affiliated companies or licensors, and is protected by international copyright, patent, and trademark laws.

1.2. Use of Content. You may display, reproduce, print or download content on the Website only for your personal, non-commercial use. However, you may not remove or alter any copyright, trademark, service mark or other proprietary notices or legends. You may not publish, distribute, retransmit, sell or provide access to the content on the Website, except as permitted under applicable law or as described in these Terms of Use. We work to ensure that all the content on its Website is in compliance with applicable U.S. copyright laws. However, in the case of works on the Website authored by parties other than us, you may wish to check on their copyright status before downloading them if you are in another country. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website, except with our express written permission. You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, insert any code or product, or manipulate the content of the Website in any way that affects a user’s experience.

If you want to reproduce or use content for any purpose or in any manner other than as described above, you will need our permission. Requests should be directed to legal@cookingprofessionally.com.

1.3. User Generated Content. This section applies to the extent we have enabled posting of user-submitted comments, audio, video, text or other materials in the Website or otherwise allow you to send information or materials through the Website (collectively, “User Content”).

You are responsible for your own User Content and are responsible for the consequences of sending it through the Website. You must not do the following things: send or post User Content that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send or post User Content that reveals trade secrets, unless you own them or have the permission of the owner; send or post User Content that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others or is otherwise unlawful; send or post User Content that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity; send or post any sexually-explicit image(s); send or post advertisements or solicitations of business; send or post chain letters or the like; or impersonate another person.

By sending or posting User Content, you warrant and represent that you own or otherwise control all of the rights to the content and use of your User Content by us will not infringe or violate the rights of any third party. By sending User Content, you automatically grant to us, a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display it alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You retain the right to reuse your User Content as submitted to us.

You may not use the Website or other communication mechanisms to sell, to trade, or for other commercial purposes. You may not send User Content through the Website that violates the rights of any third party or contains a virus or other harmful component. Nor may you use language or engage in any activity that is threatening, abusive, vulgar, discourteous, disruptive, or unlawful.

Please be aware that once you post User Content, there is the potential for the general public to read your words, even years from now. We suggest that you exercise caution when posting User Content on the Website and that you not disclose personal identifiable information like your location, medical record number, financial information, etc.

The opinions and/or views expressed in User Content represent the thoughts of individuals, and not necessarily those of us or any of our affiliated companies or our or their respective directors, officers, attorneys, employees, or members of its board of directors. Accordingly, notwithstanding anything else in these Terms of Use, we should not be seen as endorsing any User Content in any way. Us, our affiliated companies, any of our or their respective directors, officers, attorneys, employees, and/or members of its board of directors shall not be liable for any User Content posted or sent by users of the Website.

We do not have any obligation to monitor, edit or delete User Content, but may do so in our sole discretion. We may delete or edit any User Content in our sole discretion, including, but not limited to, the following:

  • Anything abusive or hurtful about a commenter or another user;
  • Off-topic and redundant content (this includes promotion of events, groups, pages, other Web sites, organizations and programs not related to or affiliated with us);
  • Anything that uses or contains foul or hateful language;
  • Personal attacks or defamatory statements or comments;
  • Anything that violate the privacy of our users;
  • Anything that is obscene, threatening, harassing, deceptive or fraudulent;
  • Anything directed at children under the age of 13;
  • Anything that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party or individual; and
  • Anything that violates applicable laws or regulations.

By submitting User Content, you understand and acknowledge that this information is available to the public, and that we may use this information for internal and external promotional purposes. Please note that other visitors of the Website may use your posted User Content beyond our control. If you do not wish to have the User Content you have made available via the Website used, published, copied and/or reprinted, please do not post User Content on the Website.

1.4. Age Eligibility and Legal Capacity. The Website is not intended for access or use by children, especially those under the age of 16. If you are under the age of 16, you may not access or use the Website or provide information to us. By accessing or using the Website, you represent that you have legal capacity to enter into these Terms of Use and to fulfill your obligations set out in these Terms of Use. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review these Terms of Use with your parent or guardian before using the Website; if your parent or guardian does not agree with these Terms of Use as applied to you, then you are not authorized to access or use the Website.

1.5. Linking to the Website. We welcome links to our Website. Any linking to the Website will be at your own risk and expense. You should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Website. By linking to the Website, you agree that you will not:

  • imply in any way, by manner of presentation of the link or otherwise, that we sponsor or endorses your site, products or services, or that you are affiliated with us in any way;
  • frame our content, surround it with your own advertising or identity, or charge a fee for any link to the Website;
  • link to the Website from any Web page or Web site containing libelous, obscene or criminal material, or material that infringes, violates, or advocates the infringement or violation of any third party rights; or
  • host, publish, broadcast, rewrite or redistribute any content on the Website except as permitted in these Terms of Use or as specifically permitted by us.

1.6. Use of your Data. Please see our Privacy Policy for details about how we use and process the data we collect from our Website.

1.7. Third Party Services and Advertising. The Website might contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under our control and we are not responsible for any Third-Party Services and Ads. We provide these Third-Party Services and Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.

1.8. Idea Submission Policy. You recognize that we are always innovating and working on ideas, products, processes, and technologies for use in new and existing products. For this reason, we do not accept or consider unsolicited ideas, including without limitation ideas for new or improved products, creative works, marketing plans, or product names (collectively, “Ideas”). Please do not submit any unsolicited Ideas in any form to us. If, despite our request that you not send us Ideas, you still submit an Idea, then regardless of what you say in your submission, the following terms shall apply: You agree that:

  • Your Idea and its contents will automatically become our property without any compensation of any kind owed to you by us or any of our affiliates. We may redistribute your Idea and its contents for any purpose and in any way.
  • Neither us nor any of our affiliates is obligated to keep confidential your Idea or any of the information that you submit to us. You agree and acknowledge that all Ideas and information submitted by you will be treated as non-confidential information.
  • We do not have any obligation to evaluate your Idea.

1.9. Disclaimer of Warranties. THE WEBSITE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND YOUR USE OR RELIANCE ON THE WEBSITE OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE WEBSITE OR ANY CONTENT.

1.10. Limitation of Liability. IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS, OR CONTENT PROVIDERS BE LIABLE: (i) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR NONPERFORMANCE OF THE WEBSITE, EVEN IF THEY WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE; AND (ii) FOR ANY DAMAGES, LOSSES AND/OR CAUSES OF ACTION EXCEEDING FIFTY U.S. DOLLARS (US $50) IN THE AGGREGATE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

1.11. Release. If you have a dispute with one or more users of the Website (including merchants), you release us (and our affiliates and our and their officers, directors, employees, contractors and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

1.12. Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold us, our directors, officers, owners, parents, subsidiaries, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of (i) the information or material you submit, including, but not limited to, liability for violations of copyrights, trademark rights, trade secret rights, or any other intellectual property rights, or the privacy or publicity rights of others, or liability for information or material you provide that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity, or is fraudulent or deceptive, (ii) your use or unauthorized copying of the Website or any of their content, or (iii) your violation of these Terms of Use or any applicable laws or regulations.

1.13. Governing Law. You agree that all matters relating to your access to or use of the Website and these Terms of Use, including all disputes, will be governed by the laws of the United States and the State of Texas, without giving effect to any principles of conflicts of laws, including the United Nations Convention on Contracts for the International Sale of Goods.

1.14. BINDING ARBITRATION AND CLASS ACTION WAIVER. This section applies to any dispute EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF OUR INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and us or our directors, officers, owners, parents, subsidiaries, affiliates, agents, licensors or content providers concerning the Website or these Terms of Use, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

1.14.1. Binding arbitration. Any dispute will be conducted exclusively by binding arbitration governed by the U.S. Federal Arbitration Act. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final and binding. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

1.14.2. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You will not seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

1.14.3. Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in Austin, Texas, United States of America, and you and us agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitrator’s award shall conform with these Terms of Use, including without limitation the Limitation of Liability set forth above.

1.14.4. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute must be filed within one year. The one-year period begins when the arbitration notice first could be filed. If such a claim or dispute is not filed within one year, it shall be permanently barred.

1.15. Not Advice. Information contained in the Website is not intended to be medical, legal, tax, financial or other advice and should not be considered medical, legal, tax, financial or other advice, nor is it intended to replace consultation with a qualified physician, attorney or other professional.

1.16. Severability. If any provision of these Terms of Use are determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

1.17. Survival. The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.

1.18. Waiver. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and your or our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

1.19. Entire Agreement. These Terms of Use constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic).

2.1. Copyrights
All contents of the Website are © BHK, LLC or its licensors. All rights reserved.
We claim no compilation copyright in images or materials that are subject to the GNU Free Documentation License or similar licenses. Photographs and illustrations are copyrighted by their respective owners, as noted in the credits.

2.2. Trademarks
“Cooking Professionally” and other marks that appear throughout the Website belong to us, our affiliates, or third-party trademark owners. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on the Website without express written consent from us or the respective trademark owners.

2.3. Copyright Infringement Claims
If you believe that any copyright infringement exists on the Website, please use the following process to notify us. We will act expeditiously to remove infringing material once informed. All claims of copyright infringement should be in writing and should be directed to our Designated Agent below:

BHK, LLC
Attn: Legal
138 E 12300 S, Suite 710
Draper, UT 84020
Phone: (800) 353-7948
E-mail: legal@cookingprofessionally.com

Your notice must contain the following information:

  1. Your physical or electronic signature (as either the owner of an exclusive right that is allegedly infringed or as a person authorized to act on behalf of such owner).
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single claim, a representative list of such works at that online site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address.
  5. A statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement that the information in the notice is accurate and that, under penalty of perjury, you are the owner of an exclusive right that is allegedly infringed or are authorized to act on behalf of such owner.

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