This Agreement contains the complete terms and conditions that govern the use of the Company’s website(s) ("Website" or "Websites" or "Site"). BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Website shall constitute your acceptance thereof.
- Access to This Site. To access this Website, Website resources, links, related materials or other content (“Related Materials”), you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to this Website, or to any of its resources, and to terminate or suspend your access at any time.
- Applicable Use of Site. You may use this Website only for purposes expressly permitted by this Agreement. As a condition of your use of the Company's Website, you warrant to Company that you will not use the Websites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.
- No Unlawful Access. You agree that you will not use Company's Website in any manner that could in any way disable, overburden, damage, or impair the Website or otherwise interfere with any other party's use and enjoyment of the Website. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Website.
- Personal and Non-Commercial Use Limitation. The Company's Website is for your personal and non-commercial use, unless otherwise specified in writing. You may not use any Company Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company in each instance, which permission will be at Company’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Company's Websites, in whole or in part.
- Proprietary Information. All content found on the Company Websites (the "Content") is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained on any Company Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
- License. Company grants to Subscriber a non-exclusive and non-transferable license for the Subscriber and/or Subscriber’s designated End Users (which End Users may be students of, campers of, or other persons affiliated with the Subscriber) to connect to and access the Website and Related Materials pursuant to this License Agreement (the “License”). All Licenses granted hereunder shall be for a period agreed upon by Company and Subscriber in the Service Agreement executed by the Company and Subscriber, not to exceed one (1) year from payment of the License Fee. Your rights in the Company’s website and materials will be limited to those expressly granted in this Agreement and Service Agreement. The Company reserves all rights and licenses in and to the Website and Related Materials not expressly granted to Subscriber under this License Agreement.
- Fees. Subscriber will pay the Company agreed upon fees to permit Subscriber or End Users to access the Website and Related Materials (the “License Fee”) The License Fee and terms of payment will be set forth in a written Services Agreement between the Company and Subscriber. Subscriber hereby authorizes the Company to charge Subscriber’s credit card on file, if any, for all License Fees due pursuant to the terms of this Agreement and/or the Services Agreement. All License Fees paid are nonrefundable. All License Fees are in U.S. dollars unless otherwise specified. All amounts payable under this Agreement are exclusive of all sales, use, value-added, excise, property, withholding, and other taxes and duties. Subscriber will pay all taxes and duties assessed by any authority in connection with any License Fees paid. Subscriber will promptly reimburse the Company for any and all taxes or duties that the Company may be required to pay in connection with any License Fees paid. This provision does not apply to franchise taxes, taxes based on the Company’s income, or any taxes for which Subscriber is exempt, provided Subscriber has furnished to the Company a valid tax exemption certificate.
Without limiting any other rights and remedies available to it, the Company may terminate the Term of this License Agreement and the License granted hereunder in the event of nonpayment by Subscriber of any License Fees.
- Hyperlinking. This Website may be hyperlinked to and by other websites which are not maintained by, or related to, the Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Website or the Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Website to another web page should be accessed at the User's own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.
- Use of Communication Services. Company's Websites may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
- you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
- advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
- is vulgar, obscene, pornographic, incendiary, or indecent;
- threatens or abuses others;
- is libelous or defamatory towards others;
- is racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
- harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
- falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers or sponsors for any purpose;
- includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site;
- amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
- disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Website and/or any networks connected to this Site; or
- contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
You acknowledge that the Website may or may not pre-screen materials uploaded to the Communication Service, yet the Website and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Website in its sole discretion.
The Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Website will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE THE WEBSITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE WEBSITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE WEBSITE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
- Disclosure Under Law. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
- Disclaimer & Limitations on Liability. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Company Websites will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Website. Company further disclaims any responsibility to ensure that the Content located on its Websites is necessarily complete and up-to-date.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Website OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS Website OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
- Trademarks and Copyrights. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Website are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Website and do not transfer at any time to user and/or any other third party..
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
- Company Use of Subscriber Contact Information. The Company will collect contact information for Subscribers and other End Users and reserves the right to use such contact information for purposes related to the Company’s core business.
- Assumption of Risks and Waiver of Claims. There are natural and inherent risks associated with participating in the Company’s business which involves cooking activities. Such risks include, but are not limited to, the risk of physical injury or harm from knives, stoves, ovens, and other kitchen equipment, hot water/oil, food borne illness and allergic reactions. SUBSCRIBER AND END USERS ACKNOWLEDGE AND ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE CULINARY ACTIVITIES RELATED TO THE COMPANY IN WHICH THE SUBSCRIBER AND/OR END USERS PARTICIPATE. SUBSCRIBER/END USER EXPRESSLY AGREES TO WAIVE ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, DAMAGES, OR LIABILITIES AGAINST THE COMPANY, ITS SUBSIDIARIES AND RELATED COMPANIES AND THEIR MEMBERS, OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS ARISING FROM OR RELATED TO PARTICIPATION IN THE COMPANY’S CULINARY CLASSES. THIS WAIVER SPECIFICALLY INCLUDES ANY CLAIMS OF NEGLIGENCE OR OTHERWISE AGAINST THE COMPANY, AND/OR ITS MEMBERS, OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS, WITH RESPECT TO HARM ALLEGED BY SUBSCRIBER/END USER AND/OR, OR ON BEHALF OR, HIS/HER/THEIR FAMILY, CHILDREN OR OTHER PARTICIPANTS IN HIS/HER/THEIR HOME OR PLACE OF BUSINESS.
- Indemnity (Culinary Classes). YOU FURTHER AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AND RELATED COMPANIES, AND THEIR MEMBERS, OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY DAMAGES ARISING FROM OR RELATED TO PARTICIPATION IN THE COMPANY’S CULINARY CLASSES. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY AND ALL LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY HARM OR DAMAGES RELATED TO PARTICIPATION IN THE COMPANY’S CULINARY CLASSES. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING THEREFROM AND WITH RESPECT THERETO.
- The Company reserves and the irrevocable and unrestricted right to use and publish video, digital and photographic images of Subscriber/End User and his/her/their family for promotional, trade, and advertising purposes in any manner or medium, including website and internet promotion. Such video, digital or photographic images will NOT include the names or personally identifying information of individual students or minors.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Company's Websites.
- The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.
- The section titles in the Agreement are for convenience only and have no legal or contractual effect.
- Please report any violations of this Agreement to the Company at: [email protected]. If you have any questions regarding this Agreement, please contact us at: [email protected]; or www.culinarykidsacademy.com or www.culinaryjudaicsacademy.com; or 818-964-0897.