Terms and Conditions

 
Binding Agreement
These Terms and Conditions along with the Privacy Policy constitute a binding contract between the operators of this website, Microwave Science JV, LLC, a Delaware limited liability company, and any and all users or visitors to the TrueCookPlus.com website and any part thereof (hereinafter, the “Website”) including, but not limited to, individuals, entities or robot crawlers operated by individuals or entities (hereinafter, “Visitors”).   By viewing, visiting or otherwise using this Website (hereinafter, “Use”), Visitors agree to and unequivocally accept these Terms and Conditions and the Privacy Policy.  Any Visitor that does not agree to these Terms and Conditions and the Privacy Policy is prohibited from Using or otherwise accessing all or any part of this Website.
 
Modifications
These Terms and Conditions along with the Privacy Policy may be modified at any time without notice to any Visitor.  The latest modification date will be posted on this page and on the Website’s home page.  Continued Use of this Website shall constitute acceptance of the Terms and Conditions and Privacy Policy as modified from time to time.
 
Registration
Visitors to this Website may opt to register with this Website.  Registered Visitors may access additional information or services as described on the registration page and as modified by this Website from time to time.  Visitors may be provided, or required to choose, during the registration process, a user name and/or password (“Login ID”).  Visitors may be requested to provide additional information during the registration process.  All such information provided during registration shall be subject to the Privacy Policy.  Visitors warrant and represent that all such information provided is true and correct.  Should any provided information change, Visitors agree to update that information with this Website.  Visitors agree to maintain the confidentiality of their Login ID and not share their Login ID with any third party.  Visitors agree not to transfer their Login ID to any third party and further agree not to use the Login ID of any third party.
 
Visitation
Access to this Website may be denied to any Visitor in the exercise of Website’s sole and exclusive discretion at any time and without notice.  Visitors are responsible for all conduct conducted by Visitors using their Login ID.  Visitors agree that Visitors authorize all services or other responses provided by this Website initiated in response to conduct of a registered Visitor using its Login ID.  If for any reason a Visitor believes that its Login ID has been compromised, Visitor shall modify its Login ID pursuant to the registration procedures of the Website.
 
This Website is not intended for users under the age of sixteen (16) years old without consent of a parent or guardian.
 
External Websites
This Website provides links to third-party websites that provide content or offer goods or services that this Website believes may be of interest to Visitors.  This Website is not responsible for any content or otherwise provided by or appearing on a third-party website and Visitors specifically disclaim any liability of Website for any damages arising from or related to any third-party website linked from this Website.  Accessing third-party websites is solely at Visitors’ own risk.
 
Intellectual Property Rights
Unless otherwise indicated, all content on this website is copyright © Microwave Science JV, LLC and may not be copied, transmitted, used or otherwise exploited without the express, written permission of Microwave Science JV, LLC.  TrueCookPlus is a trademark of Microwave Science JV, LLC and any and all rights to the use of this trademark is subject to the trademark laws of the United and other Territories. All other company names and slogans are the property of their respective owners. Any all rights in and to any copyrightable subject matter or trademarks appearing on this Website are expressly reserved.
 
Copyright Complaints
If any Visitor believes that any content appearing on this website constitutes unauthorized use of copyright material owned or otherwise subject to the exclusive rights of that Visitor, that Visitor should immediately contact this Website via our Contact Us page with the subject line “Copyright Complaints” and via U.S. Mail (return receipt requested) at Microwave Science JV, LLC, 1901 Avenue of the Stars, 11th Floor, Los Angeles, California 90067-6002.  All contact with this Website regarding such copyrighted material shall identify the allegedly unauthorized material, including its location within the Website, in a manner sufficient for this Website to identify that material.  All Visitors agree that any such unauthorized use shall not be deemed infringing unless and until this Website has received proper notice of such infringing material and such material has not been removed within 15 business days following receipt of such notice.
 
Violation of Terms and Conditions
Any Visitor found violating any of these Terms and Conditions shall be subject to revocation of their registration with this Website at the sole and exclusive discretion of this Website.  Any violations of these Terms and Conditions including unauthorized use of any copyrighted materials or trademarked words or designs may subject the violator to criminal or civil penalties under State or Federal laws or statutes.  This Website reserves the right, in addition to any other remedies, to seek compensatory and punitive damages (including attorney’s fees) from any individual or entity to the fullest extent of the law.
 
Limitation of Liability
All content and services appearing on this Website is offered “As-Is” and is not subject to any warranty, expressed or implied.  Visitors shall use this Website and any content provided thereon or otherwise disseminated at Visitors’ own risk.  Any and all warranties for any purpose or hereby disclaimed.  Visitors specifically agree that no warranties are expressed or implied herein and that Visitors agree that they will indemnify and hold harmless the Website and its operators from and against any claims for breach of any warranty expressed or implied.
 
This Website and its operators including all officers, directors, shareholders, partners, attorneys, agents and employees of Microwave Science JV, LLC (the “Indemnitees”) shall not be liable to any Visitor or any third party for any direct, indirect, special, consequence or punitive damages arising out of or relating to these Terms and Conditions, this Website or use thereof including all content contained therein and any content or other materials sent to or otherwise disseminated to any Visitors, any services provided by this Website, or any conduct of any third party.  Visitors agree to indemnify and hold harmless the Indemnitees from any and all such claims (including all costs and attorneys’ fees).
 
In the event that the laws or statutes of a particular jurisdiction restrict the above disclaimers or allow any claims despite the above disclaimers, Visitors agree that the amount of damages arising from or related to any such claim is of a speculative nature and difficult to ascertain; accordingly, the parties agree that any such damages, if liability is proven, shall be in the amount of $250.00.
 
Dispute Resolution Policy
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS (OR BREACH THEREOF), THE PRIVACY POLICY (OR BREACH THEREOF), THE WEBSITE (OR ANY USE THEREOF) OR ANY CONTENT APPEARING ON THE WEBSITE OR IN ANY COMMUNICATIONS BETWEEN THE WEBSITE AND ANY VISITOR, OR ANY OTHER CLAIM OF ANY KIND OR NATURE BETWEEN ANY VISITOR AND THE WEBSITE OR ITS OWNERS OR OPERATORS SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGEMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. CALIFORNIA LAW SHALL APPLY TO ANY SUCH DISPUTE. VENUE FOR ANY ARBITRATION SHALL BE THE COUNTY OF LOS ANGELES, CALIFORNIA.