Terms of Use

Last Updated on August 5, 2016

These terms and conditions (“Terms”) are effective immediately for those registering accounts after that date and are effective August 5, 2016 for those with pre-existing accounts.

We provide various services to consumers and restaurants that facilitate relationships between restaurants and their patrons around the world, helping travelers find restaurants that meet certain food-safety standards, and helping restaurants (the “Cocina Verify™ Member Restaurants”) reach travelers seeking dining experiences that meet those standards (the “Services”).  Cocina Verify™ Member Restaurants are restaurants that have engaged us to provide testing and training services commensurate to US Standards as more particularly described on the Site (defined below).  These Terms govern your access to and use of Cocina Verify’s website and all pages within the CocinaVerify.com domain as well as any applications or pages that link to or reference these Terms (collectively the “Site”).  By using or accessing the Site, you are agreeing to these Terms and concluding a legally binding contract with Seghe LLC (d.b.a. Cocina Verify), an Arizona limited liability company headquartered in Tucson, Arizona (“Cocina Verify™”).  These Terms affect your legal rights.  Do not use or access the Site if you are unwilling or unable to be bound by the Terms, as Terms are binding and non-negotiable.  Refraining from using or accessing the Site is your sole remedy if you do not agree with these Terms and the Cocina Verify™ Privacy Policy.

1. Definitions

(A) Parties

You” and “your” refer to you, as a User of the Site.  A “User” is someone who views, browses, accesses, scrapes, crawls, or in any way uses the Site.  “We,” “us,” and “our” refer to Cocina Verify™.

(B) Content

Content” means all forms of data or communication including without limitation text, images, photos, audio, video, and location data.  “Your Content” means Content that you submit or transmit (collectively “Publish”) to, through, or in connection with the Site, including but not limited to videos, photographs, ratings, reviews, compliments, check-ins, messages, and information that you publicly display or displayed in your account profile.  “User Content” means Content that Users Publish.  “Cocina Verify™ Content” means Content that we create and make available in connection with the Site.  “Third-Party Content” means Content that originates from parties other than Cocina Verify™ or its Users, which is made available in connection with the Site.  “Site Content” means all of the Content that is available on or in connection with the Site, including Cocina Verify™ Content, User Content, Third-Party Content, and Your Content.

2. Changes to the Terms of Service

We may modify the Terms from time to time in our sole discretion and without prior notice.  You understand, acknowledge, and agree that your access to or use of the Site is governed by the Terms effective at the time of such Site access or use.  In the event we make material changes—as determined in our sole discretion—to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes.  The date that revisions to these Terms were last made will be indicated at the top of this page.  You should regularly revisit these Terms.  Revised versions will be binding on you and you agree that you have constructive knowledge of the most recent version of these Terms upon your use or access of the Site.  Any and all such modifications are effective immediately upon our posting of such new Terms.  You understand, acknowledge, and agree that your access to or use of the Site subsequent to the effective date of modifications to the Terms indicates your legally binding acceptance of such modifications.

3. Translation

Although these Terms may be translated into other languages for the convenience of Site Users, in all cases, the English version governs your relationship with Cocina Verify™, and any inconsistencies among the different versions will be resolved in favor of the English version.

4. Using the Site

(A) Eligibility

Only Users 18 years of age or older with the requisite power and authority to enter into these Terms may access or use the Site.  You may not access or use the Site if you are a former Cocina Verify™ Restaurant owner or employee or if you are a competitor of ours or if we have previously banned you from the Site or closed your account.  By accessing the Site, you hereby warrant that you are an eligible User of the Site.

(B) Permission to use the site

We grant you permission to use the Site subject to the restrictions described in these Terms.  Your use of the Site is at your own risk, including the risk that you may be exposed to Content that you believe to be inaccurate, indecent, offensive, objectionable, or otherwise inappropriate.

(C) Site Availability

The Site may be updated, interrupted, modified, suspended, or discontinued at any time without notice or liability at our sole discretion.

(D) User Accounts

In order to use certain Site features, you may be required to create an account and provide certain information about yourself.  You are solely responsible for maintaining the confidentiality of your username and account password.  You are also solely responsible for any and all activities that occur in connection with your account, including but not limited to any acts or omissions taken by third parties as a result your failure to keep your username and password secure or of your account being compromised in any manner.  You hereby agree to immediately notify us if you become aware or suspect any unauthorized use of your account.  We reserve the right to suspend or close your account at any time for any or no reason in our sole discretion.

Your account is for your non-commercial, personal use only.  You hereby warrant that all information you provide, including without limitation your personal information, is complete and accurate.  You may not impersonate someone else (e.g., adopt the identity of a political figure, a celebrity, or your friends or family members; this list is non-inclusive but only sets forth examples).  You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.  If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Cocina Verify™.  Please read our Privacy Policy for more information about how we may use or collect information and how that information may be accessed, viewed, or used by others.

(E) Communications from Cocina Verify™ and other Users

By creating an account, you agree to receive certain communications in connection with the Site.  For example, we may elect to send e-mail updates about Cocina Verify™ Restaurants, deals, or other information that we believe would be relevant to you.  You may opt-out of Cocina Verify™ communications by clicking the link included in any communication received from us.

5. Content

(A) Responsibility for Your Content

You are solely responsible for Your Content, and once Published, it cannot always be withdrawn.  You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.  You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.  You may not state or imply that Your Content is in any way sponsored or endorsed by Cocina Verify™.

You may expose yourself to legal liability including without limitation if Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, trade secret, patent, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

(B) Our Right to Use Content

When you Publish Your Content you expressly grant us the right to use Your Content in any manner we choose.  We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”).  Accordingly, in consideration for our granting you, even temporary, access or use of the Site, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.  You also irrevocably grant the Users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media.  Finally, you irrevocably waive, and cause to be waived, against Cocina Verify™ and its Users any claims and assertions of moral rights or attribution with respect to Your Content.  The license you grant includes but is not limited to the right—of Cocina Verify™, Cocina Verify™ Restaurants, and third parties that Cocina Verify™ in its sole discretion may grant sub-licenses to—to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works of, and otherwise manipulate or display Your Content in any medium now existing or developed in the future.

(C) Ownership

As between you and Cocina Verify™, you own Your Content.  We own the Cocina Verify™ Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content (which may include or be based in whole or in part on Your Content) and other Site Content, computer code, products, software, aggregate User review ratings, and all other elements and components of the Site excluding User Content, Your Content, and Third-Party Content.  We also own the copyrights, trademarks, trade names, service marks, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Site and the Cocina Verify™ Content, which are protected by copyright, trademark, trade dress, and patent laws and all other applicable intellectual and proprietary rights and laws.  As such, you may not modify, reproduce, create derivative works or adaptations of, distribute, publicly display, or in any way exploit any of the Cocina Verify™ Content in whole or in part except as expressly authorized by us.  Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Cocina Verify™ Content are retained by us.

(D) Advertising

Cocina Verify™ and its licensees may publicly display advertisements or displays and other information adjacent to or included with Your Content.  You are not entitled to any compensation for such advertisements or displays.  The manner, mode, and extent of such advertising are subject to change without specific notice to you.

(E) Other

We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.  We reserve the right to remove, screen, edit, or reinstate User Content (including Your Content) from time to time at our sole discretion for any reason or no reason, and without notice.  User Content (including any Content that may have been created by Users employed or contracted by Cocina Verify™) does not necessarily reflect the views or opinion of Cocina Verify™.  

6. Restrictions

We are under no obligation to enforce the Terms on behalf of you or any other User against another User.  Although you may let us know if you believe another User has violated the Terms, we reserve the right to investigate and take what we believe to be appropriate action at our sole discretion.

(A) You agree and covenant not to, and not to assist, encourage, or enable others to use the Site to:

1. Violate our Guidelines (see Section 7, below);

2. Violate any third party’s rights, including but not limited to any breach of confidence or infringement of copyright, trademark, or any other intellectual property or proprietary right;

3.Threaten, stalk, harm, or harass others, or promote discrimination or bigotry;

4. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a valid agreement as a Cocina Verify™ Restaurant or in a similar business capacity, in either case where such activity has been expressly permitted by Cocina Verify™ in writing executed by a principal of Cocina Verify™;

5. Send mass emails, surveys, or other bulk messaging, whether or not commercial in nature or attempt to manipulate the Site’s search results or any third-party website in any manner;

6. Solicit personal information from other Users,

7. Submit or transmit pornography; or

8. Violate any applicable law.

(B) You also agree and covenant not to, and not to assist, encourage, or enable others to:

1. Violate these Terms;

2. Modify, appropriate, reproduce, distribute, adapt, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized in writing by Cocina Verify™ executed by a principal of Cocina Verify™;

3. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;

4. Use any “crawler,” “robot,” “spider,” site search/retrieval application, or other automated device, process or means to access, index, scrape, or retrieve the Site, any Site Content, or any portion of the Site or Site Content;

5. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Cocina Verify’s technology infrastructure or otherwise make excessive traffic demands of the Site;

6. Decompile or reverse engineer any portion of the Site;

7. Reformat or frame any portion of the Site;

8. Remove or modify any notice of copyright, trademark or other proprietary rights that appears on any portion of the Site or on any materials printed or copied from the Site;

9. Record, process, or mine information about other Users;

10. Attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining, or any other means;

11. Use the Site or any Site Content to transmit any computer viruses, Trojan horses, worms, defects, or other items of a destructive nature;

12. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;

13. Use the Site to violate the security of any individual computer, or any computer network; to crack passwords or security encryption codes; or to disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or

14. Remove, circumvent, disable, damage, or otherwise interfere with any (i) security-related features of the Site, (ii) features that prevent or restrict the use or copying of Site Content, or (iii) features that enforce limitations on the use of the Site.

The restrictions above apply to the maximum extent permissible under applicable law.  Nonetheless, you hereby agree not to act contrary to them (even if not limitable under applicable law) without first providing thirty (30) days’ prior written notice to us (see the “Contact” link at the bottom of the Cocina Verify™ home page), together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

7. Guidelines and Policies

(A) Content Guidelines.  Cocina Verify™ allows Users to contribute different kinds of content, including without limitation reviews, photos, videos, tips, and more.  Be Kind.  We may determine in our sole discretion whether any contribution is inappropriate or violates our ethos, however, our general guidelines include, but are not limited to the following:

1. Inappropriate content: Vivid language and images are acceptable; threats, harassment, lewdness, hate speech, and other displays of bigotry are not.

2. Intellectual property: Do NOT “borrow” or take content from other sites or Users.  Write your own reviews and take your own photos and videos.  Failure to follow this guideline may result in YOUR legal liability to third parties.

3. Privacy: NEVER publicize other people’s private information.  Do NOT post close-up photos or videos of other people without their permission.  Do NOT post other people’s full names unless you are referring to service providers who are commonly identified by or commonly share their own full names.

4. Promotional content:  Do not Publish promotional content unless such has been preapproved by Cocina Verify in writing prior to the posting of such material.

5. Conflicts of interest: All contributions should be objective, and you must disclose any biases that you may have.  For example, you may not write reviews of your own bar or restaurant; similarly, you should refrain from writing reviews of bars or restaurants that are owned by your employer, your friends, or your relatives—in some instances such may be acceptable provided that you disclose any such connection at the front of such contribution.

6. Relevance:  Please keep Published material relevant and appropriate to the forum.  Do not Publish material regarding religious or political ideologies, extraordinary circumstances, employment practices, or other matters that are not relevant to the core of the eating and drinking experience at a Cocina Verify™ Restaurant or related, relevant travel tips.

(B) Privacy

1. You represent and warrant that you have read and understood our Privacy Policy.  Note that we may disclose information about you to third parties according to the terms and conditions of our Privacy Policy and as contained herein.  If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

(C) Intellectual Property Disputes

Do not infringe the intellectual property rights of others, including without limitation rights in copyrighted or trademarked material.  If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:

1. Identification, or a copy of the copyrighted or trademarked work that you claim has been infringed;

2. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf;

3. Identification of the allegedly infringing content, and information reasonably sufficient to permit us to locate it on the Site;

4. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;

5. A statement by you that you intend to be bound by your communications with us whether by electronic means or otherwise as if you had sent an original executed copy of such statements and communication; and

6. Your physical or electronic signature, together with your contact information (full name, address, telephone number(s), and, email address).

Upon our receipt of the above, we will conduct an investigation to determine if we believe that the alleged content is infringing.  We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion.  We also reserve the right to terminate a User’s account if the User is determined to be a repeat infringer.

Similarly, if you believe that Your Content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice that must include adequate documentation and information to refute such an allegation, including where such content would have been found on the Site prior to removal, and with a statement that, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner of such removed material or are authorized to act on the owner’s behalf and that you have a good faith belief that the use of the removed content identified in your notice is authorized by the copyright/trademark owner, its agent, and the law .

8. Cocina Verify™ Restaurants

If you have entered into a Restaurant Certification Services Agreement, the terms and conditions of such agreement control where these Terms are silent, or in the event there is conflict between these Terms and such agreement, or where such agreement is more restrictive than these Terms.

9. Suggestions and Improvements

Any and all suggestions, ideas, documents, or proposals (collectively “Feedback”) that you may provide to Cocina Verify™ will become the sole property of Cocina Verify™ and you agree that your use of the Site is adequate consideration for your assignment of such Feedback to Cocina Verify™.  Further, you acknowledge and agree that (i) we are under no obligation of confidentiality, express or implied, with respect to Feedback you provide, (ii) your Feedback does not contain any confidential or proprietary information of third parties, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) to the extent that the Feedback is deemed not to be assignable or to have been assigned to Cocina Verify™ for any reason, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Cocina Verify™ and its Users any claims and assertions of any moral rights contained in such Feedback.

10. Third Parties

The Site may include links to other websites or applications (each, a “Third-Party Site”).  We do not control or endorse any Third-Party Site.  You agree that we are not responsible for the availability or contents of such Third-Party Sites.  Your use of Third-Party Sites is at your own risk.

Some of the services made available through the Site are subject to additional third party or open source licensing terms and disclosures, including:

(A) Drupal CMS (https://www.drupal.org/about/licensing);

(B) Google Analytics (https://www.google.com/analytics/terms/us.html); and

(C) Hubspot (http://legal.hubspot.com/terms-of-service).

11. Indemnity

You agree to indemnify, defend, and hold Cocina Verify™, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Cocina Verify™ Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.  Cocina Verify™ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  You agree not to settle any such matter without the prior written consent of Cocina Verify™.  Cocina Verify™ will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.  Further, you agree to indemnify, defend, and hold the Cocina Verify™ Entities harmless from and against any claims that you or members of your dining party may have or may believe you have arising out of or related to your reliance on the information contained on the Site

12. Disclaimers and Limitations of Liability

THIS SECTION LIMITS THE LIABILITY OF THE COCINA VERIFY™ ENTITIES TO YOU.  EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.  NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.  IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE.  BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.  YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

(A) You acknowledge and agree that although Cocina Verify™ works with the Cocina Verify™ Restaurants and independent, third-party, food-safety inspectors to certify the Cocina Verify™ Restaurants to U.S. food-safety standards, that Cocina Verify™ does not and cannot guarantee the safety of any particular meal or beverage served at a Cocina Verify™ Restaurant and that you assume all risks of traveling to and from, eating at, or drinking at any Cocina Verify™ Restaurant, INCLUDING WITHOUT LIMITATION THE RISK OF FOOD BORNE ILLNESS.

(B) THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE COCINA VERIFY™ ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT.  AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.  THE COCINA VERIFY™ ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT.  ACCORDINGLY, THE COCINA VERIFY™ ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

(C) THE COCINA VERIFY™ ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS.  ACCORDINGLY, THE COCINA VERIFY™ ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE, INCLUDING WITHOUT LIMITATION ANY COCINA VERIFY™ RESTAURANT.  YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE COCINA VERIFY™ RESTAURANTS, IS AT YOUR OWN DISCRETION AND RISK.

(D) THE COCINA VERIFY™ ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES—INCLUDING BUT NOT LIMITED TO THE COCINA VERIFY™ RESTAURANTS—LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ANY OF THE COCINA VERIFY™ ENTITIES WILL CREATE A REPRESENTATION OR WARRANTY.

(E) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE IS YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SITE.

(F) THE COCINA VERIFY™ ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE COCINA VERIFY™ ENTITIES IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) ONE-HUNDRED, TWENTY DOLLARS ($120 US).

(G) THE COCINA VERIFY™ ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES—IN EACH CASE WHETHER OR NOT SUCH WERE FORESEEABLE, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

13. Choice of Law and Venue

These Terms as well as any claim, cause of action, or dispute that might arise between you and Cocina Verify™ (a “Claim”) are governed by Arizona law without regard to its conflict of law provisions.  FOR ANY CLAIM BROUGHT BY EITHER YOU OR COCINA VERIFY™, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED IN TUCSON, ARIZONA.

14. Termination

(A) Subject to the provisions that by their nature, express or implied, are intended to endure the termination of these Terms, you may terminate the Terms at any time by closing your account and discontinuing your use of the Site.  Any material that you Publish to the Site may remain available and publically accessible after you terminate your account.

(B) We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind.  Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

(C) In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, and 10–14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

15. General Terms

(A) The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter.  You acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

(B) Any failure on Cocina Verify’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.  The failure of Cocina Verify™ to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

(C) We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

(D) We may provide you with notices, including those regarding changes to the Terms by email, regular mail, or communications through the Site.

(E) Except as otherwise stated in Section 10 above, nothing herein is intended, nor deemed, to confer rights or remedies upon any third party.

(F) If any provision of the Terms is found to be unenforceable or invalid by a court of competent jurisdiction, then only that provision will be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and be fully enforceable to the maximum extent possible.

(G) The Terms, and any rights or obligations arising hereunder, are not assignable, transferable, or sublicensable by you except with Cocina Verify’s prior written consent, but may be assigned or transferred by us without restriction.  Any attempted assignment by you is a violation of these Terms and is void.

(H) The section titles in the Terms are for convenience only and have no legal or contractual effect.