Use of the service, including all materials presented herein is subject to the following terms and conditions. These terms apply to all visitors, users, and others who access or use the site.
Accessing or using the service is on the condition that you accept and comply with these Terms and Conditions, as stated, without modification, and thus acknowledge having read them. If you disagree with any part of the terms then you may not access the site.
Intellectual Property
LCArecipes.com contains intellectual property owned by LCA recipes, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. Pictures and Videos may not be modified, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the LCArecipes.com. content, in whole or in part without our prior written consent. You may share and paraphrase any recipes found on this site as long as we are given proper citation by linking the original recipe found at LCArecipes.com. We reserve the right to immediately remove your account and access to LCArecipes.com, including any products or services offered through the site, without refund, if you are caught violating this intellectual property policy.
Use of the Site and Service
Access to the site is subject to availability, dependent upon both internal and external factors. Information provided is subject to change. LCA recipes makes no claim, guarantee, or warranty that the provided content – regardless of its source – is accurate, current, reliable, or free from error. LCA recipes disclaims all liability for any and all error(s), inaccuracies, defects or incomplete aspects of the content and/or scripts and/or software and/or any information/material distributed or published through the website.
Termination and Refusal of Service
We may suspend or terminate access to the site at any time, with or without prior notice or liability, for any reason, subject only to satisfying previous paid responsibilities. We also reserve the right to refuse to service any order, person, or entity, without the requirement to assign reason. Furthermore, we reserve the right to cancel any order with an incorrect price listing.
Links to Third Party Sources
Links contained herein that connect to third party services are not owned or controlled by LCA recipes. We assert no control over, nor assume responsibility for content, privacy policies, or practices of any third party sites or services. You further acknowledge and agree that LCA recipes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or service available on or through any such web sites or services.
We strongly advise that you read the terms and conditions, and privacy policies or any third-party we site or service that you visit.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States of America and the state of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regrading the Service.
Lawful Purpose
You access and use of the site is with the agreement that you will only do so, with lawful purposes. You agree to be financially responsible for all purchased made by you through the site. You agree to use the site, and any content generated by and purchased through the site for legitimate, non-commercial purposes only. Any purchases made through affiliate links are subject to the terms and conditions of the affiliate site. You shall not post or transmit any material which violates the rights of others, invades their privacy or publicity rights, or which is libelous, defamatory, abusive, threatening, vulgar, obscene, profane or otherwise objectionable. Furthermore, you will not post or transmit any material that would encourage conduct that would constitute a criminal offense, violate civil liberties, give rise to civil liabilities, or otherwise violate any law.
Cancellations, Refunds and Returns
All digital download purchases are final sale – unless where expressly noted. All items purchased through affiliate links will be subject to the affiliate’s policy.
User Generated Content
All content posted on this site by the users will remain the intellectual property of the user. Users may not, under any condition, post or share any material that they themselves did not create or that is otherwise held under a copyright, trademark, or other proprietary right without proper, written permission. The responsibility for determining the ownership rests entirely with the user sharing the post.
All posts are subject to the terms of this site and can be withdrawn at the discretion of the site based on the behest of the user or the site. In order to provide content as a user, an email and first name must be provided upon comment submission.All requests to remove user provided content must be in email form, and must originate from the email provided when creating the initial content. Control over the accessibility of user provided content is at the discretion of the site. If, at any time, legal authorities request access to information about our users or to the material provided herein by our users, that access will be granted.
Affiliate Policy Disclosure
LCA recipes participates in affiliate marketing programs. This means we may post customized links, provided by retailers, to track referrals to their websites, and we may earn an advertising fee from any purchases made through these links. This program uses cookies to track visits for the purposes of assigning commission on these sales.
We do accept compensation from affiliate partners in forms of cash, advertising, paid insertions, and other forms of compensation. The compensation received will never influence the content, topics, or posts. All advertising on the site is generated by a third party network.
We may be compensated to provide an opinion on products, services, websites, etc. However, the compensation does not influence our opinion and we do always try to give the most honest opinions and findings for each product or service, based upon our own experience. Any product claim should be verified with the manufacturer, provider, or party in questions.
We do not contain any content which might represent a conflict of interest.
Binding Arbitration (“Arbitration Agreement”)
a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to [physical address]. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.
j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.
Consent to Data Collection
These Terms of Service incorporate our Privacy Policy [link], which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The current terms and conditions will always be accessible through the site and will be time stamped when updated. By continuing to access the site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new term, please stop using the service.
Contact Us
If you have any questions about these terms, please contact us directly at info@lcarecipes.com
