| Terms of Services - Online Culinary School |
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THIS IS A CONTRACT BETWEEN YOU AND CARPE DIEM CONSULTING INC. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE. BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE. BY USING CARPE DIEM CONSULTING INC. ‘S SERVICE DBA ONLINECULINARYSCHOOL.NET , YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS ONLINECULINARYSCHOOL.NET MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT. Contact Information.Address Definitions.
Modification of Terms.Onlineculinaryschool.net reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Onlineculinaryschool.net gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions. Limited License.Onlineculinaryschool.net hereby grants each fee-based Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in Onlineculinaryschool.net according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Whether the Subscriber receives a license to the Paid Gourmet Club Membership content or the Online Culinary School content depends on the subscription plan. Fees; Renewal; Refund Policies.Online Culinary School registration
Gift SubscriptionsA person can purchase the gift subscription on the Site. After a person purchases a gift subscription, Onlineculinaryschool.net will send a welcome email to the recipient informing them of the gift subscription. Gift Subscription Terms and Conditions
Access to the Onlineculinaryschool.net’s content; Modification of Content.Onlineculinaryschool.net strives to provide the site’s content to its Subscribers on a continuous basis. To that end, Onlineculinaryschool.net will take all commercially reasonable efforts to provide uninterrupted Access to the Onlineculinaryschool.net’s website to its Subscribers. However, from time to time, Subscribers may be unable to Access the Onlineculinaryschool.net website due to conditions beyond Onlineculinaryschool.net’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Onlineculinaryschool.net’s website to its Subscribers, Onlineculinaryschool.net will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. Prohibited Conduct.User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
Onlineculinaryschool.net warrants that the software that allows Users to Access the reserved content of Onlineculinaryschool.net (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. Onlineculinaryschool.net PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. DISCLAIMERS AND LIMITATION OF LIABILITY.USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. Onlineculinaryschool.net DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. Onlineculinaryschool.net DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL Onlineculinaryschool.net OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT Onlineculinaryschool.net RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE Online Culinary School, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL Onlineculinaryschool.net BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT Onlineculinaryschool.net RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE Online Culinary School, EVEN IF Onlineculinaryschool.net SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF Onlineculinaryschool.net, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. Onlineculinaryschool.net IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. Third Party Content; Hyperlinks.You acknowledge that Onlineculinaryschool.net does not pre-screen third party materials. Onlineculinaryschool.net is not the publisher or author of any information on the Site that is provided by third party content providers, and Onlineculinaryschool.net is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Onlineculinaryschool.net’s use of the content constitutes neither an endorsement nor a recommendation by Onlineculinaryschool.net of the content. Onlineculinaryschool.net assumes no responsibility for third party products or services. Copyrights, Trademarks and Other Proprietary Rights.Onlineculinaryschool.net or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Onlineculinaryschool.net. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Online Cooking School may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Onlineculinaryschool.net, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Onlineculinaryschool.net’s intellectual property except as set forth in Section 4. Indemnification.User agrees to defend, indemnify and otherwise hold harmless Onlineculinaryschool.net and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms. Security; Authorized Use.Users are prohibited from violating or attempting to violate the security of the Site. Onlineculinaryschool.net has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Onlineculinaryschool.net may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the reserved content of Onlineculinaryschool.net. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password. Termination of Agreement.In addition to Onlineculinaryschool.net’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Onlineculinaryschool.net may also terminate Access to the reserved content or cancel subscriptions to the fee-based reserved content without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Onlineculinaryschool.net deems inappropriate. Privacy Policy.Onlineculinaryschool.net values Your trust. In order to honor that trust, all of Onlineculinaryschool.net’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review Onlineculinaryschool.net’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.
These Terms constitute the entire agreement between Onlineculinaryschool.net and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Onlineculinaryschool.net and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Onlineculinaryschool.net may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Onlineculinaryschool.net’s remedies are cumulative and not exclusive. Failure of Onlineculinaryschool.net to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Onlineculinaryschool.net makes no representation that the content of the Site is appropriate or available for use in all locations. Onlineculinaryschool.net operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Onlineculinaryschool.net cannot provide notifications via post, only e-mail. Governing Law; Dispute Resolution; Forum and Venue.These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by British Columbia (Canada) law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Onlineculinaryschool.net shall be finally resolved through binding arbitration in Vancouver, British Columbia. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Canada Superior Court. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Vancouver Superior Court, Canada for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action. |