Effective February 1, 2025

 

TERMS OF USE AGREEMENT

This Cocina website (the “Site”) is owned or managed by Cocina Vista LLC (“Cocina”, “we”, “us” or “our”) and is part of the Cocina family of companies, which includes quality entertainment brands offering broadcast, Internet radio stations and television station programming.  This Terms of Use Agreement, including any future modifications (the “Agreement”), governs your use of the Site, applications, music and video services, community pages, message boards, messaging services, mobile services, text messaging campaigns, sweepstakes and contests, promotions, and any other features, content, promotions, games or applications that may be offered from time to time by Cocina and link to or otherwise refer users to this Agreement (individually, a “Cocina Service” and collectively, the “Cocina Services”).  Cocina is based in the United States and the Site is hosted in the United States.

Please read this Agreement carefully before using Cocina Services. Your use of any Cocina Services constitutes your agreement to be bound by this Agreement without limitation, just as if you signed this Agreement. This includes your agreement to any future modifications and to abide by all applicable laws, rules and regulations (“Applicable Law”).  If at any time you do not accept any term and condition of this Agreement, you must immediately discontinue use of the Cocina Services. Other terms and conditions govern Cocina’s non-Internet operations. 

YOU MAY NOT USE THE COCINA SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT, APPLICABLE LAW AND/OR ANY APPLICABLE ADDITIONAL TERMS OR CONDITIONS. YOUR ACCESS TO COCINA SERVICES MAY BE TERMINATED IMMEDIATELY IN COCINA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT, APPLICABLE LAW AND/OR ADDITIONAL TERMS OR CONDITIONS, OR FOR ANY OTHER REASON, OR NO REASON IN COCINA’S SOLE DISCRETION.

 

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: BY ACCESSING OR USING COCINA SERVICES, YOU AND WE ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN US THROUGH A DISPUTE RESOLUTION PROCEDURE DESCRIBED IN THE ARBITRATION SECTION 21 BELOW.  YOU AND COCINA WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.  PLEASE REVIEW CAREFULLY THE ARBITRATION SECTION 21 BELOW TITLED “INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” BELOW FOR DETAILS REGARDING THIS DISPUTE RESOLUTION PROCEDURE (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

1. Access and Use; Limited Content License

Use of Cocina Services is limited to users 13 years of age and older.  You take full responsibility for your use of and participation in the Cocina Services, and at all times subject to compliance with this Agreement and Applicable Law.  Cocina Services are offered for your personal use only and may not be used for commercial purposes.  The Cocina Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other material and content of Cocina, its licensors, or assignors (“Cocina Content”), as well as Content provided by users or other third parties (collectively, “Content”).  Content contained on the Cocina Services is protected by copyright, trademark, patent, trade secret and/or other laws and, as between you and Cocina, Cocina, its licensors, or its assignors, own and retain all rights in and to the Content. Cocina hereby grants you a limited, revocable, non-sublicensable, non-transferable license to access and display or perform the Cocina Content (excluding any software code) solely for your personal, non-commercial use in connection with the Cocina Services and at all times in accordance with this Agreement. Except as provided in this Agreement, by prior written consent of Cocina, or as explicitly permitted on the Cocina Services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, link to, make available, or otherwise use any Content contained on or provided through the Cocina Services. 

 

Except as expressly permitted by Cocina or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, online postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that based on or derived from Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notice, or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with Content or the Cocina Services, including geo-filtering mechanisms. If you reference the Cocina Services or Content, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of Cocina, the Cocina Services, or Cocina brands, including their respective licensors, employees, agents, directors, officers and/or shareholders.

 

You may not, without Cocina’s written permission, “mirror” any Content contained on the Cocina Services or any other server provided by Cocina. You may not use the Content or Cocina Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the Content or Cocina Services in any manner that could damage, disable, overburden, or impair Cocina or the Cocina Services, or interfere with any other party’s use and enjoyment of the Content or Cocina Services or do anything that interferes with the proper working of the Cocina Services. You may not introduce any viruses, Trojan horses, worms or other material into the Cocina Services that may be malicious or technologically harmful. You may not attempt to gain unauthorized access to the Content or Cocina Services through hacking, password mining or any other means. You may not use any robot, spider or other automatic device, process or means to access the Content or Cocina Services, including for copying any Content on the Cocina Services, or use any manual process to copy any of the Content on the Cocina Services for any purpose not expressly stated in this Agreement.

 

2. Accounts, Registration, Security and Passwords
   
   If the Cocina Services or Cocina Internet Service (as defined below) requires you to open an account, you must complete the specified registration process by providing current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to provide current, complete and accurate registration information and any damage or loss caused by your failure to do so is your responsibility. After you have completed a registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account information. You are solely responsible for any and all uses of your account. You will notify Cocina immediately at webmaster@Cocina.com if you suspect any unauthorized use of your account or access to your registration information, including your password. Cocina is not responsible or liable for any damage or loss that you may incur as a result of someone else using your password or account, either with or without your knowledge or consent. You will not use the account, username, or password of another registered user at any time or disclose your password to any third party. You may cancel your account by delivering notice in the manner provided in the applicable Cocina Website Terms of Use Agreement and/or, as applicable, the Additional Terms governing the particular Cocina Internet Service. By using the Cocina Services, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Cocina Services does not and will not violate Applicable Law.

 

Certain products and/or services offered through the Cocina Services or other Cocina website(s) (each a “Cocina Internet Service,” and collectively the “Cocina Internet Services”), and certain areas within this Site and/or other Cocina website(s), may be governed by additional terms and conditions (“Additional Terms”) presented in conjunction with those products and/or services. You will be required to review and acknowledge your agreement to be bound by those Additional Terms before accessing or using such products and/or services. For example, if you wish to register to receive Premium Cocina Services (as defined below), you must click through and accept Additional Terms, during the registration process.     

 

3. Changes to this Agreement
   
   In its sole discretion, Cocina may modify, alter, or otherwise change this Agreement at any time. Please review this Agreement periodically for changes as you are bound by the version of this Agreement that exists whenever you access the Cocina Services. Your continued use of Content or the Cocina Services after Cocina posts a revised Agreement constitutes your agreement to be bound by such revised Agreement. If at any time you do not accept such revised terms, you must immediately discontinue use of Content and Cocina Services.
   
   4. Termination

 

Unless terminated by Cocina in its sole discretion, this Agreement remains in full force and effect while you use Cocina Services, including while you are a subscriber or member.  Cocina may terminate your account, subscription, membership and/or access to the Site or portions of Cocina Services at any time, for any or no reason, with or without prior notice or explanation, and Cocina shall have no liability to you for such termination. Even after your user account or access to the Site or Cocina Services is terminated by you or by Cocina, this Agreement will remain in full force and effect with respect to your past and future use of the Site or the Cocina Services. Any rights to your account terminate upon your death.

 

5. Privacy
   
   Cocina has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information.  Details of how we process any personal information you provide to Cocina, including in connection with your use of Cocina Services, can be found in our Privacy Statement, which is incorporated into and is a part of this Agreement by this reference.
6. 
   Fees
   
   Except where otherwise provided, access to and use of Cocina Services and the Cocina Internet Services offered through this Site are currently available without charge. Cocina reserves the right to charge a fee for access to and use of Cocina Services, or any Cocina Internet Service available on this Site. Your access to or use of Cocina Services and/or Cocina Internet Services prior to the imposition of a fee does not entitle you to the continued use of Cocina Services and/or Cocina Internet Services without charge in the future.  Cocina will provide you with advance notice of any such fee, including any change in the amount of such fee, and a way to cancel your account and/or subscription in the event you do not wish to pay a fee or, as applicable, a modified fee.  If you continue to use the Cocina Services and/or Cocina Internet Services after a fee has been increased, you are expressly agreeing to the fee increase thereto and you will be responsible for paying such fee for the balance of your subscription or use of the Cocina Services or, as applicable, the Cocina Internet Services.  If Cocina suspends or terminates your account and/or access to Cocina Services and/or Cocina Internet Services because you have breached this Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments. 
   
   7. Third-Party Merchants; Purchasing Products or Services

 

This Site may enable you to order and receive products, information and/or services (collectively, “Site Products”) from businesses that are not owned or operated by Cocina. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning Site Products, including opinion or advice ordered or received from third-party merchants are solely between you and such business(es). Cocina does not endorse, warrant, or guarantee such Site Products, including information, or services, and is not responsible or liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such Site Products. Cocina is not a party to or in any way responsible for monitoring any transaction between you and third-party merchants of such Site Products, including information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of a fee, if any, charged for Cocina Services or Cocina Internet Service.

In connection with a purchase of any Site Products (including that of Cocina and/or Cocina Affiliates) on or through Cocina Services, you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, “Personal Financial Information”), to an independent third party selected by, but not affiliated with, Cocina (the “Processor”). The Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, the collection, transmission and processing of your Personal Financial Information.  Any and all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase of a Site Product, you are warranting that you are authorized to make such purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.

 

Without limiting the foregoing, Cocina makes no warranty, and to the fullest extent provided by Applicable Law, accepts no liability for any loss or damages whatsoever, arising from or relating to or in connection with your placement of an order for a Site Product with the Processor. Cocina provides no refunds for, makes no warranty for, and accepts no liability regarding your purchase of a Site Product. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by Applicable Law, in the event Processor experiences a data breach that affects your Personal Financial Information, Cocina will in no way be responsible or liable to you for any such breach.

 

Cocina is under no obligation to store any records relating to purchases or other transactions you make through the Cocina Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.

 

8. User Generated Content; Restrictions on Use of Cocina Services
   
   You understand that you are responsible and liable for all Content that you post, upload, transmit, email or otherwise make available through or in connection with the Cocina Services (collectively, “User Content”).  Additionally, you acknowledge that you have no expectation of confidentiality with respect to your User Content. Accordingly, please choose User Content carefully and at all times subject to the terms and conditions of this Agreement, including the list of prohibited User Content. 
   
   You agree that you will not:
   
   · Post, upload, deliver, or otherwise transmit or links to any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page);

• Post, upload, deliver, or otherwise transmit, links to or solicit personal information from anyone;
• Post, upload, deliver, or otherwise transmit or links to or solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
• Post, upload, deliver, or otherwise transmit or publicly post information that poses or creates a privacy or security risk to any person;
• Post, upload, deliver, or otherwise transmit any unlawful (according to local, state, federal, or international law or regulation) User Content on or through the Cocina Services or any Cocina website, or any User Content which advocate illegal activity;
• Post, upload, deliver, or otherwise transmit or links to any User Content containing material that could be considered unlawful, threatening, vulgar, sexually explicit, harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, patently offensive, or that otherwise promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
• Post, upload, deliver, or otherwise transmit or links to any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
• Post, upload, deliver, or otherwise transmit or links to any postings containing defamatory, false or libelous material, contains nudity or a link to an adult website;
• Post, upload, deliver, or otherwise transmit or links to any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
• Post, upload, deliver, or otherwise transmit or links to any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
• Use the Cocina Services in any manner that could damage, disable, overburden, or impair or otherwise interfere with the use of the Cocina Services or the computer equipment of other users, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
• Attempt to gain unauthorized access to the Cocina Services, any related website, other accounts, computer system, or networks connected to the Cocina Services, through hacking, password mining, or any other means; or
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Cocina Services, including harvesting or otherwise collecting information about others such as email addresses.
  
  

You will not (i) use technology or any other means that is not authorized by the Cocina Services to access, index, frame, or link to the Site or Cocina Services (including the Content) or (ii) access the  Cocina Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Cocina Service and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content.

 

You will not use the Cocina Services or any Content available on or through the Cocina Services - inclusive of text, photographs, images, audio/video clips, “look and feel,” metadata, or compilations of the Cocina Services and/or Cocina Content – for the development of any software program, including, but not limited to, training or otherwise developing a machine learning or artificial intelligence system or algorithm.

 

You acknowledge, consent and agree that Cocina may access, preserve or disclose information you provide to the Cocina Services and about your usage of the Cocina Services or that we have collected about you, including User Content and your account registration information, including when Cocina has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Cocina, its parents, subsidiaries and affiliates together with their respective employees, agents, officers, directors and shareholders (“Cocina Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Cocina Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If Cocina sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Cocina may transfer your information to the party or parties involved in the transaction as part of that transaction.

Cocina reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Cocina assumes no responsibility for any loss of your User Content due to its being removed by Cocina or for any other reason.

Cocina does not endorse, does not control and is not responsible for any User Content, including notes, messages, billboard postings, blog entries or other postings, ideas, suggestions, concepts or other material, or files provided on Cocina Services . Cocina is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Cocina may do so at any time in its sole discretion, for any reason or no reason, and may delete any posting with or without notice. Cocina is not responsible or liable for damages of any kind arising from any postings even when Cocina has been advised of the possibility of such damages, or from Cocina’s deletion of any posting. Nonetheless, Cocina may prevent you from submitting User Content to Forums and to restrict, delete or remove such User Content for any reason at any time. You acknowledge that the Cocina reserves the right to investigate and take appropriate legal action against anyone who, in Cocina’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.  In addition, Cocina may terminate your subscription or membership or restrict, suspend, or terminate your access to any part of the Cocina Services if Cocina determines, in its sole discretion, that you have violated this Agreement or pose a threat to Cocina and/or the users of the Cocina Services.

The information and opinions expressed in postings on the Cocina Services are not necessarily those of Cocina or its affiliated or related entities, content providers, advertisers, sponsors, and Cocina makes no representations or warranties regarding that information or those opinions. Cocina does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

You release Cocina and Cocina Affiliates from any and all liability and obligations whatsoever in connection with or arising from your use of Cocina Services, including Forums and use of User Content. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using Forums. .

9. Message Boards and Forums; Exposure to User Content

 

The Site and/or other Cocina Services may offer users the ability to post messages on message boards and forums (collectively, “Forums”), which may be open to the public generally, to all users of the Cocina Services, or to a select group of users. You acknowledge that by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums, as may be provided by Cocina from time to time. Cocina reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in Cocina’s sole discretion and without notice to you.

 

You acknowledge that messages posted on such Forums are public, and Cocina cannot guarantee the accuracy of any information disclosed through any Forum. Cocina is not responsible for the content or accuracy of any information posted on a Forum and shall not be responsible for any decisions made based on such information. We ask that you do not disclose any personal or sensitive information on or through the Cocina Services, including, without limitation, in the Forums.

 

You understand that Cocina does not control the User Content posted by users and, as such, you understand that you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Cocina assumes no responsibility or liability for that type of User Content. If you become aware of any misuse of the Cocina Services, including in violation of any “Restrictions on Use of Cocina Services” under Section 8 above, please report it immediately to Cocina at:  webmaster@Cocina.com, and provide your full name, email address, and specific Cocina Service your question pertains to in the body of the request. Cocina assumes no responsibility for monitoring the Cocina Services for inappropriate User Content or user conduct. If at any time Cocina chooses in its sole discretion to monitor the Cocina Services, Cocina nonetheless assumes no responsibility for Content other than Cocina Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

 

10. Your Proprietary Rights in and License to Your User Content

 

Cocina does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the Cocina Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any Cocina Content or content owned or controlled by a Cocina licensors, partners or affiliates. By posting or transmitting any User Content on, through or in connection with the Cocina Services, you hereby grant to Cocina and our Cocina Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, broadcast, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Cocina is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including the Cocina Services. Cocina’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Cocina as your agent with full authority to execute any document or take any action Cocina may consider appropriate in order to confirm the rights granted by you to Cocina in this Agreement.

You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Cocina Services, or otherwise have the right to grant the license set forth in this Agreement, and (ii) the Transmission of User Content by you on, through or in connection with the Cocina Services and Third-Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Cocina Services or Third-Party Services.

 

You acknowledge that (i) deletion of your User Content from Cocina Services will not result in, and Cocina assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Cocina Services, and (ii) termination of your account or your use of the Cocina Services will not result in the immediate or automatic deletion of your User Content.

 

11. Removal of Material that Allegedly Infringes Copyright

 

Cocina respects the intellectual property of others and requires that our users do the same. Cocina will respond to claims of copyright infringement and reserves the right to remove or disable access to any Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3), as set forth below. Cocina also has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Cocina Services who are repeat infringers.

 

If you believe that any material residing on Cocina Services infringes your copyright, you must send Cocina's designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information: 

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Cocina Services (such as the URL(s) of the claimed infringing material); 

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and

(f) your physical or electronic signature. 

 

Cocina’s Copyright Agent for notification of claimed infringement can be as follows:

 

Cocina Vista LLC

Copyright Agent 

3232 West El Segundo Blvd.

Hawthorne, CA 90250

E-Mail:  legal@Cocina.com

 

This contact information is solely for the purpose of notifying Cocina of alleged infringement on Cocina Services. Requests sent to the Copyright Agent without the appropriate subject line or for purposes other than communication about copyright claims may not be reviewed or responded to.

 

If you Transmitted User Content on the Cocina Services that Cocina removed due to a notice of claimed infringement from a copyright owner, Cocina will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Site or by written or electronic communication to such address(es) you provided to Cocina, if any.

 

You may provide counter-notification in response to such notice in a written communication directed to the Copyright Agent as provided above, that includes the following: 

(i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Cocina may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and

(iv) your physical or electronic signature.

 

Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

 

12. Unsolicited Submissions
    
    Cocina does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Cocina’s policy is to simply delete any such submission without reading it or forwarding it to other Cocina staff. Therefore, any similarity between an unsolicited submission and any elements in any Cocina creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
    
    Notwithstanding the forgoing, if unsolicited submissions are sent to Cocina through this Site or Cocina Services or through the Cocina Internet Services, these submissions become the property of Cocina and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Cocina sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Cocina and Cocina Affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.  You further aree that your unsolicited submissions are not being made in confidence or trust and that by making such submission(s) no contractual or fiduciary relationship is created between you and Cocina or any Cocina Affilaite.
    
    13. Third-Party Links and Services
    
    This Site and Cocina Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third-Party Services”). When you engage with a provider of a Third-Party Service, you are interacting with the third party, not with Cocina. If you choose to use a Third-Party Service and share information with it, the provider of the Third-Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third-Party Service. Cocina encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third-Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Cocina is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on this Site or Cocina Services does not imply approval or endorsement of the Third-Party Service. Cocina is not responsible for the content or practices of any websites other than this Site and Cocina Services, even if the website links to this Site or Cocina Services and even if it is operated by a Cocina Affiliate or a company otherwise connected with the Cocina Services. By using this Site or Cocina Services, you acknowledge and agree that Cocina is not responsible or liable to you for any content or other materials hosted and served from any website or service other than the Cocina Services. When you access Third-Party Services, you do so at your own risk.

 

Cocina takes no responsibility for third party advertisements that are posted on the this Site or Cocina Services, nor does Cocina take any responsibility for the goods or services provided by its advertisers.

14. 
    Member Disputes

 

You are solely responsible for your interactions with other users of the Cocina Services, providers of Third-Party Services, Processors or any other parties with whom you interact on, through or in connection with the Cocina Services. Cocina reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.

 

15. Software Available Through Cocina Services, including Cocina Internet Services
    
    Any software that is made available to view and/or download in connection with this Site, Cocina Services and Cocina Internet Service (the “Software”) is owned or controlled by Cocina and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the applicable Terms of User Agreement provided by Cocina, as well as the terms of the end user license agreement, if any, which accompanies or is included with the Software. Cocina is not responsible or liable in connection with any Software owned or controlled by third parties, and makes no representation or warranty that any Software is free of defects, bugs, malicious code, adware, spyware, viruses or other harmful conditions.
    
    With respect to the Software, you may not modify, enhance, or otherwise alter in any way any portion of the Software or its underlying technology. This restriction includes disabling or otherwise modifying the Software in a manner that enables users to view the Cocina Content without using the Software. Also, you may not embed the Software on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive.
    
    16. Employment Opportunities
    
    Cocina may, from time to time, post Cocina employment opportunities on the Site or through the Cocina Services and/or invite users to submit resumés to the Site. If you choose to submit your name, contact information, resume and/or other personal information to Cocina in response to employment listings, you are authorizing Cocina to utilize this information for all lawful and legitimate hiring and employment purposes. Cocina also may, in its sole discretion, forward the information you submit to a Cocina Affiliate for legitimate business purposes. Nothing in these Agreement or contained in this Site or Cocina Services shall constitute a promise by Cocina to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in this Site or Cocina Services constitute a promise that Cocina will review any or all of the information submitted to it by users, or that the job posted will still exist at the time your resume is received or reviewed.
    
    17. Disclaimer of Warranties
    
    YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE, COCINA SERVICES AND/OR COCINA INTERNET SERVICE IS AT YOUR OWN RISK.  ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE, COCINA SERVICES OR COCINA INTERNET SERVICE ARE PROVIDED TO YOU ON AN “AS IS,  AND ON AN “AS AVAILABLE” BASIS.  COCINA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, COCINA SERVICES OR COCINA INTERNET SERVICE OR THE INFORMATION, SITE CONTENT OR MATERIALS INCLUDED ON THIS SITE, COCINA SERVICES OR COCINA INTERNET SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COCINA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. COCINA DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THIS SITE, COCINA SERVICES OR COCINA INTERNET SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, COCINA SERVICES OR COCINA INTERNET SERVICE AND/OR ANY OF THEIR SERVER(S) WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. COCINA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE, COCINA SERVICES OR COCINA INTERNET SERVICE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.  COCINA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR COCINA INTERNET SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

 

18. Limitations of Liability
    
    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COCINA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COCINA FOR THE COCINA SERVICES DURING THE TERM OF YOUR USE OF THE COCINA SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COCINA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO COCINA FOR THE COCINA SERVICES DURING THE TERM OF YOUR USE OF THE COCINA SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE COCINA SERVICES. 

 

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF OR RELATING TO COCINA’S ACTS OR OMISSIONS OR YOUR USE OF THIS SITE, COCINA SERVICES OR COCINA INTERNET SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF SITE OR THE COCINA SERVICES.

 

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COCINA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  FOR CLARIFICATION, THIS AGREEMENT DOES NOT LIMIT COCINA’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW WOULD PROHIBIT SUCH A LIMITATION.

19. Indemnification

You will indemnify, defend, and hold harmless Cocina, Cocina Affiliates, their respective subsidiaries, agents, advertisers, producers, sponsors and their advertising agencies, subcontractors and other partners, distributors and affiliates, and their respective officers, directors and employees from and against any and all losses, claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, Additional Terms (if any), or any warranty you provide, your violation of any rights of another or any Content that you Transmit, post or otherwise process through this Site or Cocina Services, or otherwise arising in any way out of your use or misuse of this Site or Cocina Services and any related use of Cocina Internet Service (including, without limitation, any use of your account, whether or not authorized by you) and/or Software. Cocina may take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Cocina in asserting any available defenses.

20. International Use/U.S. Export Controls

Accessing materials on this Site or the Cocina Services by certain persons in certain countries may not be lawful, and Cocina makes no representation that materials on this Site or Cocina Services are appropriate or available for use in locations outside the United States. If you choose to access this Site or Cocina Services from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this Site or Cocina Services. No software or any other materials associated with this Site or Cocina Services may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from this Site or any Cocina Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

21. INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

 

(1) Cocina, including its owners, Cocina Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and Cocina, regarding any aspect of your relationship with Cocina and/or use of Cocina Services, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.  Each of you and Cocina agree to give up the right to sue in court. 

(2) The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Cocina, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.  The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and the Cocina that arise from or in any way relate to or concern any products or services provided by Cocina including but not limited to the Cocina Services (as defined above), this Arbitration Agreement, any other aspect of this Agreement (including their applicability and their conformance to Applicable Law), any billing disputes, and any disputes relating to telephonic, text message, promotion, campaign or any other communication either of us received from the other.  The only exceptions to this Arbitration Agreement are that (i) each of you and Cocina retain the right to sue in small claims court and (ii) each of you and Cocina may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.  Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. 

(3) Each of you and Cocina also agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Cocina (see paragraph 9 below).  

(4) There is no judge or jury in arbitration, and court review of an arbitration award is limited.  An arbitrator must follow the Agreement, including the terms and conditions of this Arbitration Agreement.  The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages) provided that they are recoverable under the Agreement.  

(5) The Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement.  This Arbitration Agreement shall survive termination of the Agreement.

(6) Any arbitration between you and Cocina will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective June 1, 2021 (the “JAMS Rules”), as modified by this Arbitration Agreement to arbitrate.  The arbitration shall be conducted by a single, neutral arbitrator, and if you and Cocina cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of Cocina and you pursuant to JAMS Rule 12.  The JAMS Rules are available on its website at JAMS Rules.  The Consumer Arbitration Minimum Standards are available here.  The arbitrator is bound by the terms of the Agreement, including this Arbitration Agreement.

(7) If either you or Cocina wants to arbitrate a claim, you or Cocina must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Cocina Service to which the Notice relates, and the relief requested.  Your Notice to Cocina must be sent by mail to: Arbitration Notice of Dispute, SASA Ventures, LLC, 3250 NE 1st Avenue, Suite 305, Miami, FL 33137.  Cocina will send any Notice to you at the contact information we have for you or that you provide.  It is the sender’s responsibility to ensure that the recipient receives the Notice.  During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. 

(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules.  Further instructions on submitting a Demand for Arbitration may be found here.  In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to Cocina at the address listed above to which you sent your Notice of Dispute. 

(9) You and Cocina acknowledge and agree to abide by the following rules for arbitration:

(a) YOU AND COCINA MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) Cocina will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 10 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law and the terms of this Arbitration Agreement; and (d) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 12 below.

(10) JAMS charges filing and other fees to conduct arbitrations.  Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against Cocina, you and the Cocina acknowledge and agree to abide by the following:

• If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), Cocina will pay the filing fee on your behalf or reimburse your payment of it.
• If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but Cocina will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
• Cocina and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. Cocina will not request a hearing for any claims totaling less than $10,000.  This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
• Cocina and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.

(11) Regardless of how the arbitration proceeds, each of you and Cocina shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

(12) Each of you and Cocina may incur attorneys’ fees during the arbitration.  Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by Applicable Law. In addition to whatever rights you may have to recover your attorneys’ fees under Applicable Law, if you prevail in the arbitration, and if Cocina failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Cocina’s highest settlement offer, then Cocina will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded.  If Cocina wins the arbitration, you will be responsible for your own attorneys’ fees.  In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.

(13) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party's individual claim, only as permitted by Applicable Law, and only to the extent that declaratory and injunctive relief are permitted by the Agreement.  The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief not allowed under the Agreement or this Arbitration Agreement.  The arbitrator also may not order Cocina to pay any monies to or take any actions with respect to persons other than you, unless Cocina explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.  Further, unless Cocina expressly agrees, the arbitrator may not consolidate other persons’ claims with yours and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. 

(14) You and Cocina agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation,  proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, You and Cocina agree that an order confirming award is only necessary if the obligations of the award have not been performed.  Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award.  If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.

(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of the Agreement, including the provisions governing where actions against Cocina must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

 

22. Governing Law; General Information
    
    This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that except with respect to Disputes to be resolved through the process set forth in Section 21 above, any cause of action you or Cocina brings to enforce this Agreement, or in connection with any matters related to this Site or Cocina Services, shall be brought only in either the state or Federal courts located in Los Angeles, California, unless otherwise mandated by Applicable Law, to resolve any Dispute arising out of this Agreement, this Site or Cocina Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  YOU AND WE AGREE THAT ANY CAUSE OF ACTION YOU OR WE MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THIS SITE OR THE COCINA SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
    
    

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or unenforceable, for any reason, including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of Cocina to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Cocina with respect to the use of this Site or the Cocina Services and shall not be modified except in writing, signed by an authorized representative of Cocina.

 

You agree that any notices that Cocina may be required by Applicable Law to send to you will be effective upon Cocina sending an e-mail message to the e-mail address you have on file with Cocina or publishing such notices on the informational page(s) of the Cocina Services.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cocina as a result of this Agreement or your use of this Site or Cocina Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

 

Nothing contained in this Agreement limits Cocina’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and/or Cocina Services or information provided to or gathered by us in connection with such use.