Please read these pages carefully. By viewing the contents on the tbsp.com Web Site (the “Web Site”), you agree to be bound by these Terms, as revised by Tablespoon, LLC (the “Company”) from time to time. If you do not accept these Terms, do not use the Web Site.
The Company may revise these Terms at any time by updating this posting (but without any other notice). You should visit this page periodically to review these Terms for changes, because you are bound by them.
Section 1. Use of Material
All material contained on the Web Site, including, but not limited to, text, graphics, images, data, audio, video and “Software” (as defined below) (collectively, the “Materials”), are either owned by the Company and/or third-party licensors. The Company (and/or third-party licensors) retains all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Except for downloading one copy of the Materials on a single computer for your personal, noncommercial use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way; provided, however, that your use of any Software may be subject to additional and/or superseding terms as described in the next paragraph.
If you download any software from the Web Site, the software, including any files, images incorporated in or generated by the software, data accompanying the software and any related documentation (collectively, the “Software”) are licensed to you by the Company and/or third-party licensors for your personal, non-commercial use only. The Company and/or third-party licensors retain all proprietary rights to the Software, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Although you may own the medium on which the Software is recorded (e.g., your hard drive), the Company and/or third party licensors retain full and complete title to the Software and all intellectual property rights associated therewith. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. In addition, you agree to abide by any other terms that may apply to such Software, including any terms posted on the Web Site or any license agreement accompanying the Software. Your downloading and use of the Software is conditioned on your agreement to be bound by these Terms and any other terms that may apply to such Software.
You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company. You may not use any meta tags or any other similar hidden text utilizing the Company’s name or trademarks.
If you violate any of this Section 1, your permission to use the Materials automatically terminates.
Section 2. Disclaimer of Warranties
The Company and any other contributor to the Web Site expressly disclaim all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the Web Site or the Materials. The Web Site and the Materials are for informational purposes only and may not reflect the most current developments in a field. The information should in no way be taken as an indication of future results.
In making the Web Site and the Materials available, no client, advisory, fiduciary or professional relationship is implicated or established between you and the Company and neither the Company nor any other person is, in connection with the Web Site and the Materials, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice. Neither the Web Site nor the Materials on or accessed through the Web Site should be considered a substitute for your independent investigation and your sound technical and business judgment. You should consult with a professional advisor familiar with your particular factual situation for advice or service concerning any specific matters.
You understand and expressly agree that use of the Web Site and the Materials is at your sole risk, that any materials downloaded or otherwise obtained through the use of the Web Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such materials. The Company makes no warranty or representation as to the security of any information you transmit to the Company.
The Web site and the materials are provided on an as-is, as-available basis without any warranty of any kind, either express or implied. To the fullest extent permitted by law, the company, its affiliates and its suppliers expressly disclaim all warranties, express or implied, including, but not limited to, any warranty of merchantability, non-infringement or fitness for a particular purpose.
Section 3. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) RESULTING OR ARISING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIALS OR RELATING TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.