This website and any other URLs and websites administered by Baldwin Publishing, including any applications available therefrom (collectively, the “Website”), are offered by Baldwin Publishing to you, the user, subject to your acceptance of all the terms and conditions set forth below (“Terms of Use”). The terms “you” and “user” refer to all individuals and entities that access the Website.

By your affirmative action(s) of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy and your agreement to communicate with us electronically. If you do not agree to all of these terms and conditions, do not register for or use this Website.

Privacy Policy

At Baldwin Publishing, we respect your privacy and believe you should be informed about how we collect, use and disclose your personal information. Please read our Privacy Policy (“Privacy Policy”) before using the Website.

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Health eCooking® home page and Cook eKitchenTM home page. In the event of significant changes to the Terms of Use, we may also place a special notice on the Website. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms of Use, or any revised versions thereof, you shall not use the Website.

Age and Eligibility

In order to use the Website, you must be at least 18 years of age or of the legal age to form a binding contract in your jurisdiction, if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at webmaster@baldwinpublishing.com. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the “Registration Data”) is accurate and complete.

Agency

You represent that you are using the Website for its intended purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

Precautions

Content found on the Website is for informational purposes only and is not a substitute for medical advice or treatment for any medical condition, nor is it intended to replace your relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting an eating plan or changing your diet, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Baldwin Publishing requires that you consult with your physician before following any eating plans, recipes, nutritional information or instructions you receive through the Website or participating in any event announced on the Website. Not all eating plans, diets or activities described on the Website are suitable for everyone. You should understand that when participating in any eating plan or diet, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the eating plan, diet or activity causing such discomfort or pain. By using the Website, you represent that you have received consent from your physician to participate in the eating plans, diets and recipes described on the Website.

We are not responsible for any health problems that may result from the eating plans, diets, recipes, programs, products or events you learn about through the Website. If you engage in any eating plan, diet, recipe, program, product or event you receive or learn about through the Website, you agree that you do so at your own risk and are voluntarily participating in these activities.

Use or viewing of the Website and/or any Health eCooking® and/or Cook eKitchenTM article, show, video, recipe, article or other products or service signifies your understanding and agreement to the disclaimers, terms and conditions stated in the Terms of Use.

User-Generated Content

Subject to terms set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby grant to Baldwin Publishing a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Website (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format and in any print media format (the “User Generated Content License”). “User Generated Content” includes but is not limited to content posted on Baldwin Publishing posts and blogs. Subject to the terms and conditions set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Baldwin Publishing’s use of the User Generated Content or require your permission for Baldwin Publishing to use the User Generated Content. You agree not to assert any claim, whether based in tort, contract or other legal theory, against Baldwin Publishing or its sub-licensees relating to Baldwin Publishing’s or its sub-licensees’ use of the User Generated Content that is in accordance with the terms and conditions set forth in this Terms of Use and the Privacy Policy, and you hereby release Baldwin Publishing and its sub-licensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

Registration and Password

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Baldwin Publishing the right to use your information in connection with the operation of the Website. Baldwin Publishing cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information submitted.

You represent that the information that you provide about yourself as requested in the Baldwin Publishing account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing Baldwin Publishing with your current email address, so that you may receive notifications and other account-related communications.

Ownership of the Website

Except for the User Generated Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, are owned by Baldwin Publishing, its licensors or Baldwin Publishing is the authorized representative of the owners. You acknowledge that the Website and any underlying technology used in connection with the Website contain Baldwin Publishing’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content) or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by Baldwin Publishing to you are retained by Baldwin Publishing and its licensors.

If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website.

Email Rules

Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights or illegal. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of email messages sent to you by our users or from third parties.

Community Pages

There are several areas on the Website on which users may post information, including Message Boards, etc. Any information posted to the Community Pages can be viewed by anyone who visits the Website (whether or not such visitors are registered users). Baldwin Publishing does not endorse any information posted on the Community Pages, and posts made by users do not necessarily reflect the views of Baldwin Publishing. Information on the Community Pages should not be taken as medical advice, and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.

In using our Community Pages you agree to follow our Community Guidelines that include the following provisions:

• Respect everyone’s opinions. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.

• Do not post profane or explicit content.

• Do not post profile pictures that might be considered inappropriate.

• Do not post communications that could be interpreted as threatening or harassment.

• Do not post advertisements or promote products commercially.

• If you have started a thread (such as a journal) that you want to close, please post a message indicating “THREAD CLOSED.” We may determine in our sole discretion whether to close or delete threads.

• Baldwin Publishing has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason Baldwin Publishing deems appropriate.

User Disputes

Your communications, dealings or meetings with any other users on the Website, including communications, dealings or meetings initiated through the Website, are solely between you and such users, and you are solely responsible for such communications, dealings or meetings. Baldwin Publishing reserves the right, but has no obligation, to monitor disputes between you and any other users on the Website. Baldwin Publishing is not responsible or liable in any manner for any loss or damage arising out of your communications, events or meetings organized by Baldwin Publishing or attended by such users or any other services offered by such users.

Copyrighted Materials

When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader’s information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations. If you feel that any content on the Website infringes your copyrights or other intellectual property rights, please contact webmaster@baldwinpublishing.com.

User Indemnification of Baldwin Publishing

Upon request by us, you agree to defend, indemnify and hold Baldwin Publishing and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display or distribute via the Website and any meeting you arrange via the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third-party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

User Conduct

If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block or delete such user’s transmissions, User Generated Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community Pages or other parts of the Website, or delete information you have posted to the Website, without prior notice, if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of Baldwin Publishing or third parties, or (e) could cause Baldwin Publishing liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Generated Content and other information related to your Community Pages. If Baldwin Publishing suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

Changes to Website

Baldwin Publishing may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Baldwin Publishing shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.

Third-Party Websites

The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites, and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third-party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party websites, you do so at your own risk. Baldwin Publishing suggests that you read the terms of use and privacy policies (if any) on those third-party websites. You agree that Baldwin Publishing has no liability for any damage or loss of any type that is a result of your use of a third-party website.

Content and Warranty Disclaimer

THE WEBSITE IS PROVIDED BY BALDWIN PUBLISHING AND ITS AFFILIATES “AS IS.” NEITHER BALDWIN PUBLISHING NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, BALDWIN PUBLISHING AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY THAT ARISES BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. FURTHERMORE, BALDWIN PUBLISHING DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL BALDWIN PUBLISHING BE LIABLE FOR BODILY INJURY, PERSONAL INJURY, WRONGFUL DEATH, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BALDWIN PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF BALDWIN PUBLISHING ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. BALDWIN PUBLISHING’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

Electronic Contracting

Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of New Jersey without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Baldwin Publishing related to the Website exclusively in a federal court of competent jurisdiction sitting in Trenton, New Jersey, or state court of competent jurisdiction sitting in Hunterdon County, New Jersey, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Baldwin Publishing’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Baldwin Publishing in writing. These terms and conditions constitute the entire agreement between you and Baldwin Publishing with respect to the subject matter herein and supersede any and all prior or contemporaneous oral, electronic and/or written agreements. You may not assign this agreement to any other party, and any attempt to do so is void.

If you would like to request additional information regarding these Terms of Use, please contact us at webmaster@baldwinpublishing.com.

Last updated: August 12, 2010.

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