By using RECIPE RUNWAY, LLC’s products (“Products”), services or web sites, ("Services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms" or “Terms of Use”). We may update the Terms in the future, and you will be able to find the most current version of this agreement (“Agreement”) at www.reciperunway.com.

RECIPE RUNWAY, LLC (“Company”) offers Products and Services to you. “You” or “Your” or “User” means an adult user of the Services and/or a parent or guardian of any minor allowed to use the Services. The parent or guardian of such minor will be held strictly responsible for such minor in his or her use of the Services. In order to access and/or purchase certain Products or Services, you may be required to provide current, accurate identification, contact, and other information as part of the registration and purchase process and/or continued use of Products and Services.

Company will not be liable to you for any direct, indirect, consequential, special or other damage resulting from Products or Services being inaccessible in any way or the transmission from the Company website(s) to your computer systems of viruses, worms, trojan horses or other destructive items, however caused, such damage to include, without limitation, loss of profits, interruption to business, loss of the whole or any part of a program or any data howsoever stored whether saved on a computer system or otherwise.

You agree to use Products and Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Company or its Products and Services. To report any activity or Content that may violate the Terms, please contact us by email at info@reciperunway.com. In addition to this Agreement, your use of certain Products and Services are governed by the policies or guidelines specific to those Products or Services which are specifically incorporated into this agreement.

You are licensed to use the Services and its related content only for personal use. The Services are not intended for or licensed for any commercial use. Commercial use is specifically prohibited and attempts at commercial use will be prosecuted. We reserve the right to cancel any or all of the Services at any time. The download of the whole or significant portions of any functionality of the Services, or any part of the public areas of the Services is prohibited. Online or other republication of Content in the public areas is prohibited. Violation of this License may result in immediate termination of your subscription and may result in legal action for injunction, damages or both. You may use software provided on or through the Services only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that the software is made available for offline use and a license for that use is provided.

For information about our data protection practices, please see our Privacy Policy at www.reciperunway.com. By using Products or Services, you acknowledge and agree that Company may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Company, its Users or the public as required or permitted by law.

You understand that the technical processing and transmission of Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.

You acknowledge and agree that Products and Services and any necessary software used in connection with Products and Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Products or Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Products, Services, or Software, in whole or in part except as specifically authorized in a separate written agreement. Subject to the Terms, Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Company in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Products or Services. You agree not to access Products or Services by any means other than through the interface that is provided by Company for use in accessing Products or Services except as specifically authorized in a separate written agreement.

In the freely accessible areas of the Services, all content is owned and/or copyrighted by Recipe Runway, LLC or third party providers and may be used only in accordance with the Limited Use License. Except as expressly authorized by Company you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Company’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Products, Services, or Software.

By submitting Your Content, namely recipes, to Company, you are granting Company permission to scan or transcribe Your Content and make it available to you via Company’s website(s). After Your Content has been scanned or transcribed by Company, Company will send Your Content back to you via U.S. Mail. Company is not responsible for loss or damages resulting from transmission of materials through the U.S. Mail.

Company offers scanning and/or transcription packages in order to provide you with the opportunity to convert your recipe collection to electronic format, so that they can be added automatically to your collection on RecipeRunway.com. Recipes you submit for conversion are Your Content and Your Recipes. By sending Company recipes to scan, you are granting Company permission to scan them, and make them available to you through your Recipe Center on Recipe Runway.com. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from content that you submit. By submitting recipes to Company, you represent and warrant to Company that you have the full right, power, and authority to use any Content you submit to Company, and that such use is not in violation of applicable copyright or other intellectual property laws. You are solely responsible and liable for any damages resulting from your failure to obtain permission to use any content that you submit for scanning or that you post on the Recipe Runway.com website.

As used in these Terms, “post” means upload, transmit, or otherwise make available any content to the Recipe Runway.com website and the terms "Your Content" and "Your Recipes" include the recipes you provide to us in hard copy format to scan and make available to you through www.reciperunway.com.

Company claims no ownership or control over any Content submitted, posted or displayed by you in your Recipe Center. You retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through your Recipe Center and you are responsible for protecting those rights, as appropriate.

If you, as a User, post Your Content on one of Company’s public areas of the site – such as the Forums or Blogs, you are granting Company an irrevocable, perpetual license to use, copy, perform and display publicly, distribute, reformat, and prepare derivative works based on Your Content, in whole or in part, in connection with the promotion and operation of the Services and for any other legitimate business purpose; provided, however, that we will not use your personal information in a manner that violates our Privacy Policy. By posting Your Content (through a link or otherwise) on a public area of the site such as a Forum or Blog, you are granting Company the right (a) to display advertisements in connection with Your Content and to use Your Content for advertising and promotional purposes without compensating you in any way; (b) to make the recipes that you post available to the general public through the websites and advertising networks of distribution partners and third-party service providers (including their downstream users) of Company and its assigns; and (c) to make Your Recipes available to the general public through other media, including print and broadcast media, now known or hereafter developed. If you do not want Your Content to be made available to the general public in any of these ways, do not post your recipes (or provide a link to them) in any public area of the site.

Company is not responsible for any copyright or other intellectual property law violations intentionally or inadvertently made by you. By submitting Content to Company to scan or transcribe and make available to you on Company’s website(s), you represent and warrant that you have obtained the necessary permission to submit and use such recipes for your own personal, non-commercial use.

You understand that Company has the right (but not the obligation) to monitor content posted by you ("User Content") and the right (but not the obligation), in its sole discretion, to remove any User Content that violates these Terms or for any other reason.

Company welcomes your comments, feedback, suggestions, and other communications regarding the Services and any of Company’s other Websites and services, including your ideas for new features and other ways that Company can make Company’s Web sites and services more useful to you (collectively, "Feedback"). Note, however, that any Feedback you provide to Company through the Services shall be and remain the exclusive property of Company. Your submission of Feedback will constitute an assignment to Company of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. Company will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, Company asks that you not send any Feedback that you do not wish to assign to Company.

In accordance with the United States' Digital Millennium Copyright Act, it is Company’s policy to respond to allegations of infringing work on Company’s website(s) and/or systems, and to terminate your access to the website(s), Products or Services, and/or systems upon learning of repeat copyright infringements. Any use of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and only with express written permission from Company.

Portions of the Services will contain User Content, to which you may contribute appropriate content. For this content, Company is a distributor only. By submitting content to Company, you grant Company, the host of the Services, a limited license to host the content. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. Company is sensitive to the copyright and other intellectual property rights of others. Be aware that content, including photographs, even if submitted to a site of which you are a user, belongs to the creator or submitter and you should not reproduce it without permission of the owner. Company will not edit or monitor User Content, with the exception of content provided to the forum. Company reserves the right to remove any User Content which comes to its attention and which it believes, in its sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates this Agreement. Activity that is brought to Company’s attention which appears in its sole judgment to violate the law will be brought to the attention of the proper authorities. Inactive Recipe Centers on Company site may be removed if no one has visited the site for a period of 120 days. Company will make reasonable efforts to notify the subscriber 30 days prior to removal of content from the site.

As part of the registration process, you will select a password and User name ("Username"). You must provide Company with accurate, complete, and updated registration information. Failure to do so will breach this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem offensive.

You shall notify us by regular mail, or by e-mail at info@reciperunway.com of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Company or its owners or agents.

You must be 18 years or older, or, if acting for a minor, grant permission as parent or guardian for that minor, to become a subscribing user. Logging in as a subscribing user of Company is confirmation that the person logging in is an adult or has received permission from a parent or guardian to become a subscribing user of a site and/or to use the Services.

You are responsible for all usage or activity on RecipeRunway.com via your password. Distribution of your password for access to www.reciperunway.com for others is expressly prohibited and shall constitute a breach of this agreement. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another subscribing user at any time or to disclose your password to any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Products or Services, use of Products or Services, or access to Products or Services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.

Company reserves the right to subcontract all or part of the Services, including the scanning or transcription services available through www.reciperunway.com RecipeRunway.com to subcontractors located in the United States or other countries. The foregoing notwithstanding, Company assures you that the hard copies of your recipes that you provide to us will not leave the continental United States, and will be returned to you in the same manner and condition in which they were provided.

You agree that Company has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Products and/or Services.

Upon the termination of your use of Products or Services, including upon receipt of a certificate or other legal document confirming your death, Company will close your account and you will no longer be able to retrieve Content contained in that account.

A subscription is valid for one year. Recipe Runway will send you an email notification when your subscription has expired. If you choose not to renew, you will no longer have access to your online Recipe Center, or any of the recipes contained in it. Recipe Runway will hold on to your recipes and account for at least one year, in case you decide to renew your account. It is recommended that if you do not wish to renew, you print out hard copies of your collection before your subscription expires.

Subscription costs may be changed by Company at any time.

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Products and/or Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Products and/or Services.

In the Dispute Resolution Section only, "we" and "us" are used to refer to you and Company together.

(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us regarding disputes at the address provided in these Terms. We will contact you based on the contact information you have provided us.

(B) We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms of Use and can award the same damages and relief. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

(C) Either of us may bring qualifying claims in small claims court.

To the extent allowed by law, we each waive any right to pursue disputes on a class-wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.

To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.

You may discontinue your use of Products or Services at any time. You agree that Company may at any time and for any reason, including a period of account inactivity, terminate your access to Products and/or Services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Products or Services, your account or any files or other content contained in your account. Sections 19 (Termination), 22 (Indemnity), 22 (Disclaimer of Warranties), 24 (Limitations of Liability), 25 (Exclusions and Limitations) and 29 (General Information including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.

Some Products and Services are supported by advertising revenue and may display advertisements and promotions on them. Such advertisements may be targeted to the content of information stored by Company in its Products and Services. The manner, mode and extent of advertising by Company on its Products and Services are subject to change. As consideration for your use of Products and Services, you agree that Company may place such advertising and that Company shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Products and/or Services or your subsequent dealings with advertisers.

Company makes no representations as to the security, quality or propriety of any website which may be accessed through Company’s website(s). Connected websites accessed through Company’s website(s) are independent websites over which Company does not exercise any control, whether financial, editorial or of any other kind and are not in any way endorsed by Company. Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Company and Partners") from and against any third party claim arising from or in any way related to your use of Products and/or Services, violation of the Terms or any other actions connected with use of Products and/or Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, including the transaction of payment by third party vendors. In such a case, Company will provide you with written notice of such claim, suit or action.

You expressly understand and agree that:

You expressly understand and agree that company and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if company or partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use products and services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information products or services purchased or obtained or messages received or transactions entered into through or from products or services; (iii) statements or conduct of any third party on products and services; or (iv) any other matter relating to products and services.

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some United States jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms or incidental or consequential damages. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. If you live in a country other than the United States, exclusions and limitations are limited to those allowed within the jurisdiction of King County, Seattle, Washington.

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

You agree that Company may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Products and Services.

The obligations of Company to fulfill the terms of this Agreement will be waived in the event of force majure (such as, but not limited to, inclement weather, public emergency or calamity, strike, labor disturbance, fire, interruption of transportation, casualty, physical disability, illness, flood, Act of God, or other disturbance or any governmental restriction) prevents normal and usual operation of Company.

Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Company and govern your use of Products and Services, superseding any prior agreements between you and Company for the use of Products and Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Products and/or Services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. Except as provided for in the Dispute Resolution provision herein, the Terms and the relationship between you and Company shall be governed by the laws of the State of Washington without regard to its conflict of law provisions and you and Company agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.

Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Company Product and/or Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms are for convenience only and have no legal or contractual effect.