Terms of Use
Last revised on: Apr 10, 2025
These Terms of Use (this "Terms of Use") govern your use of and access to the websites, emails, or other digital properties that include an authorized link to this Terms of Use (each, a "Website") and the subscriptions, newsletters, content, information, features, or resources available or enabled through the Website (each a "Service" and, collectively with the Website, the "Services"). This Terms of Use is agreed to between you ("you" or "your") and Command Cooking LLC and its parent company, subsidiaries, and affiliates (collectively, "Command Cooking", "we", "us", or "our").
By accessing or using any part of the Services, or by clicking "Subscribe," "I Agree," or similar language assenting to this Terms of Use, you agree to enter into and be bound by this Terms of Use. If you are entering into this Terms of Use on behalf of an entity, you represent and warrant that you have authority to bind that entity to this Terms of Use. If you do not have such authority, or you do not agree to be bound by this Terms of Use, do not access or use any part of the Services.
SECTION 1.14 OF THIS TERMS OF USE CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND COMMAND COOKING ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 1.14 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND COMMAND COOKING TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. PLEASE SEE SECTION 1.14 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT.
Command Cooking reserves the right to modify this Terms of Use or its policies relating to the Services at any time, effective upon posting of an updated version of this Terms of Use or the relevant policies on the applicable Services. You should regularly review this Terms of Use. Your continued use of the Services after any such changes constitutes your agreement to such changes.
Section 1. General Terms
1.1. Ownership. The content on the Services is our property, or the property of our affiliated companies or licensors, and is protected by international copyright, patent, and trademark laws. The Services, and the cookies, pixels, tags, scripts, databases, software, hardware, and other technology used by or on behalf of Command Cooking to operate the Services, and the structure, organization, and underlying data, information, and software code thereof (collectively, the "Technology"), constitute valuable trade secrets of Command Cooking or our licensors, vendors, partners, or suppliers. You will not, and will not permit any third party to: (a) access or attempt to access the Technology except as expressly provided in this Terms of use; (b) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (c) use automated scripts to collect information from or otherwise interact with the Technology; (d) alter, modify, reproduce, or create derivative works of the Technology; (e) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (f) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (g) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (h) monitor the availability, performance, or functionality of the Technology; or (i) interfere with the operation or hosting of the Technology. As between you and Command Cooking, Command Cooking retains all rights, title, and interest, including all intellectual property rights, in and to the Technology and any additions, improvements, updates, and modifications thereto. you receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access the Website under this Terms of Use.
1.2. Use of Content. Subject to your compliance with this Terms of Use, you may display, reproduce, print or download content on the Website only for your personal, non-commercial use and in accordance with this Terms of 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 Services, except as permitted under applicable law or as described in these Terms of Use. We work to ensure that all the content on the Services is in compliance with applicable U.S. copyright laws. However, in the case of works on the Services 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 Services, except with our express written permission. You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services, insert any code or product, or manipulate the content of the Services 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@comedybriefs.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 agree that User Content: (a) does not violate, or would encourage any conduct that would violate this Terms of Use or any applicable laws; (b) is not unlawful, tortious, vulgar, libelous, defamatory, obscene, abusive, pornographic, threatening, an invasion of privacy, or otherwise objectionable, in our sole discussion; (c) does not promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (d) is not violent or threatening, or does not promote violence or actions that are threatening to any other person; (e) does not promote illegal or harmful activities; (f) does not constitute an infringement or misappropriation of the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; (g) is not an advertisement or solicitation of funds, goods, or services; (h) is not false, misleading, or inaccurate; or (i) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or a disruptive advertisement.
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 and right 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 Services 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 Services 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 Services.
We do not have any obligation to monitor, edit or delete User Content, but may do so in our sole discretion. By submitting User Content, you hereby provide your irrevocable consent to such monitoring. 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 Services 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 Services used, published, copied and/or reprinted, please do not post User Content on the Services.
You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including without limitation chat, text, or voice communications. If Command Cooking pre-screens, refuses, or removes any of your User Content, you acknowledge that Command Cooking will do so for Command Cooking's benefit, not yours. Without limiting the foregoing, Command Cooking shall have the right to remove User Content that violates this Terms of Use or is otherwise objectionable. Unless expressly agreed to by Command Cooking in writing elsewhere, Command Cooking has no obligation to store any of your User Content. Command Cooking is not responsible or liable for any deletion, correction, destruction, damage, loss, breach, or failure to store or back-up any of your User Content. You agree that you have all right, title, interest, and consent in User Content necessary to allow Command Cooking to use User Content for the purposes for which you provide User Content to Command Cooking.
1.4. Age Eligibility and Legal Capacity. The Services are not intended for access or use by children or minors under the age of 18. If you are under the age of 18, you may not access or use the Services or provide information to us. By accessing or using the Services, you represent that: (a) you are at least 18 years of age; (b) you have legal capacity to enter into these Terms of Use and to fulfill your obligations set out in these Terms of Use; (c) you are not a person barred from using the Services under the laws of the United States of America, your place of residence, or any other applicable jurisdiction; (d) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country.
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; Registration Information. Please see our Privacy Policy for details about how we use and process the data we collect from our Services. You acknowledge the use, collection, and disclosure of any personal information that you submit to the Services or that is collected about you from the Services as described in the Privacy Policy. When using the Services, including when you subscribe to, sign up for, or otherwise register for a Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the relevant Service including, without limitation, your email address; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMMAND COOKING FROM ANY THIRD-PARTY CLAIMS, LIABILITY, DAMAGES OR COSTS ARISING FROM YOUR PROVIDING COMMAND COOKING WITH INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT, OR INCOMPLETE.
1.7. Third Party Services and Advertising. The Services 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.
By providing your contact information in connection with any Third-Party Services and Ads, you understand and expressly consent to be contacted by these third parties using the contact information you provide. In addition to the terms of this Terms of Use, your access to and use of any Third-Party Services and Ads is subject to any other agreement you may agree to before being given access to the Third-Party Services and Ads (each, a "Third-Party Service Agreement"). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Services and Ads provided under that Third-Party Service Agreement in addition to the terms of this Terms of Use but will not apply to any other services or content you may access through the Services. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services and Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
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 SERVICES, THE TECHNOLOGY, AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES 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 SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE SERVICES OR ANY CONTENT. COMMAND COOKING AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, AND LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY CONTENT AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED OR PROVIDED THROUGH THE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMMAND COOKING, ITS EMPLOYEES, PROVIDERS, OR AGENTS, OR THE SERVICES, WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION (IF ANY). COMMAND COOKING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS; OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF OUR CONTENT. OUR SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMMAND COOKING AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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 THIS TERMS OF USE OR THE USE, INABILITY TO USE, PERFORMANCE OR NONPERFORMANCE OF THE SERVICES, 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 Services (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 Services 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. In this section, 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. Applicability of Arbitration Agreement. Please read the following arbitration agreement in this Section 1.14 ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Command Cooking and limits how you can seek relief from us. You agree that any dispute, claim or request for relief relating in any way to your access or use of the Services, or to any aspect of your relationship with Command Cooking, will be resolved by binding arbitration, rather than in court, except that: (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Command Cooking 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). This Arbitration Agreement shall apply, without limitation, to all disputes, claims and requests for relief that arose or were asserted before the effective date of this Terms of Use or any prior version of this Terms of Use.
1.14.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute, claim, or request for relief to the mailing address listed at the bottom of this Terms of Use. The arbitration will be conducted by the American Arbitration Association (the "AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 1.14. For more information about arbitration, the AAA, and the arbitration process, please consult the American Arbitration Association web site at adr.org. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys' fees, associated with that claim. Unless you and Command Cooking agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
1.14.3. Authority of Arbitrator. The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement; and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion 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 Command Cooking. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall 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 the Terms of Use (including this Arbitration Agreement). The arbitrator shall 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.
1.14.4. Waiver of Jury Trial. YOU AND COMMAND COOKING 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 Command Cooking are instead electing that all disputes, claims or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in the Section 1.14.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to limited review.
1.14.5. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE 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. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given dispute, claim or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Texas. All other disputes, claims or requests for relief shall be arbitrated.
1.14.6. 30-Day Right to Opt-Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@comedybriefs.com with the subject line, "Rejection of Arbitration Agreement," within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Command Cooking username (if any), the email address where you receive Command Cooking emails or that you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
1.14.7. Miscellaneous. Except as provided in Section 1.14.5, 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 shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with Command Cooking. Notwithstanding any provision in this Terms of Use to the contrary, we agree that if Command Cooking makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at the mailing address listed at the bottom of this Terms of Use.
1.15. Not Advice. Information contained in the Services 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).
1.20. Termination. At its sole discretion, Command Cooking may modify, suspend, change, or discontinue the Services, or may modify, suspend, change, or terminate your access to the Services, for any reason or no reason, with or without notice to you and without liability to you or any third party. In addition to restricting, suspending, or terminating your access to the Services, for any reason or no reason, Command Cooking reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. The provisions of this Terms of Use will survive any expiration or termination of this Terms of Use or your access to all or part of the Services.
1.21. Governing Law and Venue. The interpretation of the rights and obligations of the parties under this Terms of Use, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Texas (U.S.A.) without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Terms of Use, and the parties hereby disclaim the application thereof. Subject to Section 1.14, each party will bring any action or proceeding arising from or relating to this Terms of Use exclusively in a state or federal court in Austin, Texas (U.S.A.), and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding brought in such courts by Command Cooking.
1.22. Electronic Communications. The communications between you and Command Cooking use electronic means, whether you visit the Services or send us communications (such as email), or whether Command Cooking posts notices on the Services or communicates with you electronically. For contractual purposes, you: (a) consent to receive communications from Command Cooking in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Command Cooking provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.
1.23. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, the Services may not be exported or re-exported: (a) into any United States of America embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List.
1.24. General Terms. You may not assign or transfer either this Terms of Use or any of your rights or obligations hereunder without Command Cooking's prior written approval. Any assignment in violation of the foregoing will be null and void. Command Cooking may assign this Terms of Use to any party that assumes Command Cooking's obligations hereunder. The parties hereto are independent contractors, not agents, employees, or employers of the other or joint venturers, and neither party acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The words "include," "includes," and "including" means "include," "includes," or "including," in each case, "without limitation." Terms used in this Terms of Use have the definitions given in this Terms of Use or, if not defined in this Terms of Use, have their plain English meaning as commonly interpreted in the United States of America.
Section 2. Legal Notices
2.1. Copyrights
All contents of the Website are © Command Cooking, 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
Command Cooking's stylized name, logo, service marks, trade names, and all product and service names associated with the Services are trademarks of Command Cooking and 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 Services without express written consent from us or the respective trademark owners. Other trademarks, logos, service marks and trade names that may appear on or in the Services are the property of their respective owners. You shall not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
2.3. California Consumer Complaints
In accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924, or by telephone at (800) 952-5210.
2.4. Copyright Infringement Claims
If you believe that any copyright infringement exists on the Services, 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:
Comedy Briefs
Attn: Legal
4300 Ridgecrest Dr SE, Suite L-952
Rio Rancho, NM 87124
Phone: (800) 542-0892
E-mail: legal@comedybriefs.com
Your notice must contain the following information:
- 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).
- 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.
- 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.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address.
- 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.
- 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.