Terms of Service Agreement

Revision Date: June 21, 2014

Welcome to ToriAvey.com. We’re happy that you’re here and we hope you enjoy the site! The following describes the terms on which ToriAvey.com (ToriAvey, LLC) offers you access to our website.

Introduction

Using our website means that you agree to comply with these Terms of Service set forth below and any additional terms and conditions set forth in our Privacy Policy. You additionally agree to follow all applicable domestic and international laws, statutes, ordinances and regulations. “You” in this agreement includes any user of the website in all capacities.

Terms

You are prohibited from violating any law, statute, ordinance or regulation. You shall not create liability for us or cause us to lose any of the services of our ISPs.

You must not hack ToriAvey.com or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or

telecommunications equipment.   You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Tori Avey.com reserves the right to bar any such activity.

You may link the home page of ToriAvey.com to any website you own or control provided it is not commercially competitive with ToriAvey.com and does not criticize or otherwise injure us and is in compliance will all applicable laws and intellectual property and other legal rights. Such a link is not an endorsement of any other site(s) by us. You shall not link directly or indirectly to any materials to which you do not have a right to link or include, nor may you modify another website so as to falsely imply that it is associated with ToriAvey.com. You understand and agree that you download or otherwise obtain material or data through the use of ToriAvey.com at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

You must not use, copy, collect, reproduce, alter, distribute, create derivative works based upon, publish, sell, publicly display or otherwise exploit any information or content displayed on our website for any commercial purposes or to the extent that such action(s) would constitute copyright infringement, injure or otherwise violate the intellectual property or proprietary rights of ToriAvey.com or any other third party, except with the prior written consent of ToriAvey.com or the appropriate third party. In some instances ToriAvey.com may allow you to download or print content from the site. In such instances you may download or print such content for your personal, non-commercial use only. By doing so, you acknowledge that you do not acquire any ownership rights.

You may not harass any user or post any obscene, pornographic content.

In accessing ToriAvey.com you agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of ToriAvey.com, your personal information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a visitor to this site.

You agree to immediately notify ToriAvey.com of any unauthorized or improper use of ToriAvey.com or any other known or suspected breach of security. You agree to fully cooperate with ToriAvey.com to investigate any suspected or unusual activity that is in breach of these Terms of Service.

Conditions

We reserve the right to update this Agreement at any time, at which time we will also update the revision date above. Any updated version will supersede all of its preceding versions. Continued use of ToriAvey.com means that you accept and agree to all changes.

We reserve the right at any time to remove, modify or discontinue, temporarily or permanently, any content or portion of ToriAvey.com for any reason with or without notice. We shall not be liable to you or any third party for any modification, suspension or termination of the site. We have no responsibility or liability to you or any third party for the storage or deletion of, or the failure to store or delete, any of the content you provide.

ToriAvey.com does not necessarily verify, encourage, agree, endorse or support any submitted content. This includes but is not limited to comments, opinions, statements or links posted on any forum related to ToriAvey.com.

We reserve the right to suspend, terminate or refuse your use of this site at any time for any reason. We additionally reserve the right to establish and periodically change general practices and limits concerning the use of our site.

We reserve the right to send you certain communications; such as service announcements and newsletters, or anything we deem to be beneficial or helpful to your use of ToriAvey.com. You shall be offered the ability to opt-out or unsubscribe to such communications.

We may periodically provide links to other websites or resources, but this shall not imply any relationship or connection to the other site, its operator and any of its affiliates. Because we have no control over such websites or resources, we are not responsible for the availability of such websites or resources, and are not responsible or liable for any content, advertising, products or other materials available from such websites or resources. ToriAvey.com 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 services available on or through any such websites and resources, or as the result of the presence of such websites and resources, including marketing partners, on our website or located through its use.

Our site is provided to you “as is” and on an “as available” basis. You may not rely on any information and opinions expressed on ToriAvey.com for any purpose. It is your responsibility at all times to evaluate the accuracy, timeliness, safety, completeness or usefulness of any content on ToriAvey.com. Under no circumstances will we be liable for any loss or damage caused by your reliance on any website content. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our website. We disclaim any warranties for any information or advice obtained through our website. We disclaim any warranties for services or goods received through or advertised on our website or received through any links provided by our website, as well as for any information or advice received through any links provided through our website. In addition, no advice or information (written or oral) obtained by you from us shall create any warranty.

You specifically acknowledge that ToriAvey.com, its subsidiaries, affiliates, suppliers, advertisers, third party service providers and any third parties appearing on ToriAvey.com at the invitation of ToriAvey.com shall not be responsible to you or any third party for any direct, indirect, incidental, special, punitive or consequential damages, personal injury or wrongful death arising out of the information supplied or expressed on ToriAvey.com for any purpose.

We do not endorse or warrant any health-related statements found on ToriAvey.com or any third party websites accessed through ToriAvey.com. In no event shall ToriAvey.com be liable 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 ToriAvey.com has been advised of the possibility of such damages), arising out of or in connection with ToriAvey.com or this Agreement or the inability to use our site (however arising, including negligence), arising out of or in connection with third party transactions or arising out of or in connection with your use of the site.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

Intellectual Property and Proprietary Rights

You acknowledge that ToriAvey.com and all content herein, including any derivative works and confidential or proprietary information, is protected by copyrights, trademarks, service marks, patents, trade secrets, proprietary rights and other intellectual properties owned by ToriAvey.com, its affiliates and other parties that have licensed their material to ToriAvey.com. Any use or display of ToriAvey.com and/or any of its content in any manner other than what is expressly permitted by these Terms of Service and other applicable laws is strictly prohibited without our written permission or the permission of the appropriate intellectual property owner. Except for the limited use that is granted to you in these Terms of Service, you do not acquire any right, title or interest in ToriAvey.com, ToriAvey.com or any of its content. Any rights not expressly granted in these Terms of Service are expressly reserved.

ToriAvey.com respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our website. We will promptly respond to any claims of copyright infringement.

Procedure for Making Claims of Copyright Infringement

ToriAvey.com is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act 17 USC 512). If you believe that your work has been copied in a way that constitutes infringement on ToriAvey.com’s Web site, please provide the information below.

To file a copyright infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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 notification, a representative list of such works at that 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief 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 notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To expedite our ability to process your request, such written notice should be sent to our designated agent legal@toriavey.com.

Indemnification

You agree to defend, indemnify, and hold harmless ToriAvey.com, its affiliates, employees, Members, officers, agents, directors and its third party service providers, and their respective directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with the Site or any services related to the Site (including Third Party Services); and/or (c) Communications and disputes between you and any other Site user or third party (including any Third Party Provider or Third Party Vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.  These obligations will survive any termination of your relationship with ToriAvey.com or your use of our Site.

Applicable Law

This agreement and the relationship between you and ToriAvey.com shall be governed by the laws of the State of California without regard to its conflict of laws provisions. If you breach or threaten to breach any provision hereof or thereof, you understand and agree that money damages would not be an adequate remedy for any breach of these Terms of Service and that ToriAvey.com shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys’ fees. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of these Terms of Service, and shall be available to ToriAvey.com without requirement that it post any bond or prove any actual damages.

Disputes

You agree to resolve your dispute for any claim or proceeding related to, arising out of, or from or through this Agreement will be settled by arbitration. If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in Los Angeles, California. The arbitration will be conducted by one arbitrator member of JAMS, and under the rules of commercial arbitration of JAMS or as agreed between you and the Company. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction. For additional information you may contact www.jamsadr.com.  You must file any claim for arbitration related to, arising out of, or from this Agreement within one year after it arises.

ToriAvey.com will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. ToriAvey.com will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

No Class Actions.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

You are hereby granted, subject to these terms and conditions, a limited, revocable, non-exclusive, non-transferable, fully-paid, royalty-free license solely to view the information provided by ToriAvey.com as is needed for your own internal, non-commercial, non-public use in order for you to obtain information presented on or through ToriAvey.com. Any access or use of any information or content available on ToriAvey.com, including, but not limited to, recipes, photographs or any other displayed material, in any manner whatsoever for any purpose other than what is expressly permitted by this website license is prohibited without the prior written consent of ToriAvey.com.