Privacy PolicyEffective Date: January 1, 2021 – V2.0
PLEASE READ. YOUR USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING PRIVACY POLICY AND THE WEBSITE TERMS AND CONDITIONS. II. Personally Identifiable Information That We Collect III. E-mail Newsletter Subscriptions V. Special Promotions and Purchases; Submission of Content to be Published VI. Information Collected by Other Means or Media VII. Information About Other People IX. Non-Personally Identifiable Information That We Collect X. Cookies and Related Technology XI. Special Notice Regarding Children Under 13 XII. Use, Disclosure, and Sharing of Information a. Non-Personally Identifiable Information b. Personally Identifiable Information XIII. Our Commitment to Data Security XIV. Hyperlinks To and From Other Sites XV. Consent to Processing in the United States XVI. Contact Us Regarding Privacy XVII. Notification of Changes ____________________________________________________________ The “Website” refers to the website at www.culinarywineinstitute.com, its subdomains, and other websites of the COMPANY. This Website is owned or operated by Culinary Wine Institute, LLC, and/or its subsidiary companies in the United States of America (collectively, "COMPANY"). This privacy policy ("Privacy Policy") applies to information that you provide to COMPANY via this Website, and/or by use of other services (collectively, the "Services") that may be provided by other means or media, including as set forth below and as defined in the applicable Terms and Conditions or other terms. This Privacy Policy is intended to provide you notice of COMPANY's information management practices, including the types of information gathered, how it is used and safeguarded, and the degree to which you may control the maintenance and sharing of your information. Your use of any COMPANY Service or Website constitutes acceptance of this Privacy Policy and any other applicable terms. This Privacy Policy is part of and incorporated by reference into the Terms and Conditions for this website. II. Personally Identifiable Information That We Collect COMPANY respects your privacy and is committed to protecting personally identifiable information that you provide in connection with your use of its Websites and Services. Such personally identifiable information collected includes your name, shipping address, billing address, telephone numbers, e-mail address, and payment information such as your credit card III. E-mail Newsletter Subscriptions To subscribe to our e-mail newsletters, if any, you will need to provide your e-mail address. You may also be asked for other information when you subscribe. In order to use our chat rooms, message boards, and certain other Services, you will need to register and create a user account ("User Account"). There is no cost to create a User Account in most cases. You may be asked to choose a user name, screen name, or member name (each, a "User Name") and password. Please do not use your real name or the real name of another person when selecting a User Name. You will also be asked to provide certain personally identifiable information and other information about yourself, such as your first and last name, date of birth, address, telephone number, and e-mail address. Please note that your User Name will be available to the Internet's general public while you participate in some Services, like chat rooms, forums or message boards, so you should exercise discretion when using these Services. This Privacy Policy does not apply to any information you may disclose publicly in such Services. In some instances, you may choose to create a "Public Profile" that will be available to others on the Internet. Public Profiles are managed entirely by you, and you are solely responsible for your Public Profile's content and its "public" or "private" status. The Company bears no responsibility for any action or policies of any third parties who collect any information that users may disclose in user forums or other public areas of this Website. You are also responsible for maintaining and updating the registration information in your User Account with current and complete information. You may access, edit or remove your Public Profile by signing in to your User Account and following the directions there. You can also send an e-mail to [email protected] to request deactivation of your user account. Please review our restrictions on use and guidelines for user forums in the “Terms and Conditions" for this website. You can unsubscribe from receiving commercial e-mail from the Website by clicking the link contained within such e-mails sent to you. You should be aware that it is not always possible to completely remove or modify information in our databases. In addition, we may institute a policy in which user information is deleted after a certain amount of time, and therefore, your user information may no longer exist in the COMPANY's active database(s). In addition, even if you choose to unsubscribe or otherwise modify your User Account settings, the COMPANY reserves the right to contact you regarding your account and your use of this Website. V. Special Promotions and Purchases; Submission of Content to be Published To participate in some Services such as sweepstakes, contests and surveys ("Special Promotions"), or to make online purchases ("Purchases"), you will need to provide personally identifiable information, such as name, mailing address, e-mail address, phone number, and date of birth. Your information may be collected by COMPANY or by a third party, such as a co-sponsor or a vendor involved in, or providing services in connection with, a Special Promotion, or an e-commerce partner in the case of a Purchase. If you make a Purchase or enter a sweepstakes or other Special Promotion on one of our sites or through our Services, COMPANY will collect your personally identifiable information, and you are deemed to consent to us providing your information to third parties who provide certain services such as processing of credit card transactions, customer service, promotion or sweepstakes administration, order fulfillment and/or prize delivery, as applicable. (As more fully described below in “Use, Disclosure, and Sharing of Information - Personally Identifiable Information”, these third parties are prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of our customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies.). Also, by entering a sweepstakes or other Special Promotion, you are agreeing to the official rules that govern that sweepstakes or other Special Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice or likeness in advertising or marketing associated with the promotion. If you make a purchase or enter a promotion (such as a sweepstakes) in which COMPANY is participating on a third party's website (or through some other means or medium), we will collect your information from the third party only if you opt-in to receive additional communications from us, or we are required to fulfill some function in relation to your activity (e.g., to send your If you submit to the Website a comment, photograph or other content to be published, online or offline (including on-air, in a DVD, or any other format), we may publish your name or other personally identifiable information in connection with publishing the content and you are hereby deemed to give us permission to do such. VI. Information Collected by Other Means or Media In some situations, we may also collect personally identifiable information and other information about you through other means, directly or indirectly. For example, if you access any COMPANY content, or purchase such content via your wireless carrier or through another third party, the COMPANY may collect information directly from you or through the third party. Likewise, if you use our software, or provide information to other companies who share information about their customers, we may collect additional information about you. In each of these cases, the COMPANY will apply this policy to any personally identifiable information. VII. Information About Other People Some COMPANY Websites and Services may ask you to submit personally identifiable information about other people. If you provide us with personally identifiable information of a friend, or your friend provides personally identifiable information about you, to e-mail a feature from the Website, the e-mail addresses you or your friend supply us for those activities will not be used to send you or your friend other e-mail communications unless disclosed at the time you provide the information. A record of that transaction will be maintained as allowed and/or Some Services may offer support and technical assistance through customer service centers via telephone, online chat, or e-mail. Whenever you communicate with customer service, you do so with the understanding that an operator may view and make changes to the information in your User Account in order to provide the assistance that you need. IX. Non-Personally Identifiable Information That We Collect As part of the registration process for some Services, you may be asked to provide information that does not personally identify you. For example, you may be asked to provide information concerning your personal preferences, purchasing habits, and the like. This information is generally optional but may be included in your User Account profile. COMPANY requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest to you. In many cases, COMPANY will automatically collect certain non-personally identifiable information about your use of its sites and Services. COMPANY might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your "click path" through the COMPANY sites or "click-through" from an e-mail, the Website or advertisement that was linked to or from the COMPANY site when you visited, and your IP address. To do this, COMPANY may use cookies and other technology (see below). If you are using our wireless Services, we may also automatically collect information such as the type of wireless device you are using, your mobile identification number (assigned by your telecommunications carrier) and telecommunications carrier. Your use of our Websites and Services, and information provided through these technologies, will be anonymous unless you provide us with personally identifiable information or have provided such information in the past. X. Cookies and Related Technology This Website's pages or e-mail messages may contain cookies, web beacons (also known as clear gifs), or similar technologies as they become available. Cookies are information files that this Website may place on your computer to provide extended functionality. The COMPANY may use cookies for a number of purposes, such as tracking usage patterns on the Website, measuring the effectiveness of advertising, limiting multiple responses and registrations, facilitating your ability to navigate the Website and as part of a verification or screening process. Most browsers are initially set up to accept cookies. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions, "Help" screen, or similar such resource to learn more about how to manage cookies and possibly reset your browser to refuse all cookies or to indicate when a cookie is being sent by indicating this in the preferences, options, or similar such menu in your browser. However, it is possible that some parts of this Website will not operate correctly if you disable cookies and you may not be able to take advantage of some of this Website's features. You should consult with your browser's provider/manufacturer if you have any questions regarding disabling cookies. The COMPANY’s web pages may include advertisements for third parties and their products, and those third-party advertisements may include a cookie or web beacon served by the third party. The COMPANY does not control cookies in such third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. The COMPANY's Privacy Policy does not cover the use of information collected from you by third party ad servers. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other Websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. The COMPANY may use web beacons to count visitors to the web pages on the Website or to monitor how our users navigate the Website, and the COMPANY may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded. XI. Special Notice Regarding Children Under 13 COMPANY recognizes the sensitivity of personally identifiable information concerning children under the age of 13 and therefore provides this special notice. COMPANY is committed to complying with all applicable laws and regulations regarding children, including the Children's Online Privacy Protection Act ("COPPA"). Except in limited circumstances allowed by COPPA, COMPANY will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13 without first obtaining consent from that child's parent or legal guardian. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, COMPANY will make reasonable efforts to remove the information from its active list, at your request. To request the removal of your child's information, please send an e-mail to [email protected] and be sure to include in your message the same User Name and password and/or e-mail address that your child submitted. COMPANY encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the COMPANY Web sites and the Internet generally. XII. Use, Disclosure, and Sharing of Information a. Non-Personally Identifiable Information From time to time, COMPANY may use and share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of the COMPANY Web sites. When you visit or download information from this Website, our web servers may automatically collect website usage information. Website usage information is non-personally identifying information that describes how our visitors use the Website. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting the Website, and IP addresses (see below for more information on IP addresses). COMPANY may use IP addresses for a number of purposes, such as system administration, to generally determine your computer's server location, to report aggregate information to our business partners or to audit use of the Website. We also may determine your screen resolution and the technology available in order to serve you the most appropriate version of a web page, e-mail or similar service. b. Personally Identifiable Information COMPANY uses information about you to deliver the Services that you request, to keep you informed about changes affecting our Services or your account, to inform you of other Services or offers in which you might be interested, and to improve and enhance our sites and Services. If you provide COMPANY with personally identifiable information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure. If you opt in to receive e-mail from us, you can always opt out of future marketing messages by following the directions in each message to "unsubscribe”. However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as As stated in the Terms and Conditions, you will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of a COMPANY Website or Service, of any information about you contained in the applicable COMPANY database, if COMPANY or one of its companies assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of COMPANY's or such COMPANY company's assets related to the applicable site or Service to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Website or any related Service signifies your agreement to be bound by the Terms and Conditions, Utah Privacy Policy and Privacy Policy of the Website's or Service's subsequent owner or operator. The COMPANY and its companies may work together in order to provide portions of the COMPANY Websites and some Services (e.g., to fulfill prizes won in a sweepstakes, or to provide other support for a Service). These companies will handle your personally identifiable information in accordance with this Privacy Policy. As stated above in “Personally Identifiable Information That We Collect - Special Promotions and Purchases; Submission of Content to be Published”, COMPANY may also work with third parties to provide some Services on our Websites. In connection with those Services, you are deemed to consent to us sharing your information with third parties who provide services such as processing of credit card transactions, customer service, promotion administration, order fulfillment and/or prize delivery, as applicable. Third parties who provide, or participate in, Services on COMPANY Websites are prohibited from using our customers' personally identifiable information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for marketing (or other purposes unrelated to the provision of COMPANY Services) by a third party who participates in a Service on one of our sites, do not opt in to such use by that third party when you register to Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information. COMPANY will not share, sell, rent, or disclose any personally identifiable information that we have collected except as stated herein, or in the following instances; 1) where we supply companies we have associations with, with your information in order to offer you services we feel may be of interest to you and who may then contact you by telephone or direct mail (unless you have opted out of their marketing programs under the procedures set forth by them; 2) where we are required by law, legal process, or court order to disclose; 3) where disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, the COMPANY's rights or property, other COMPANY Website users, or anyone else; or 4) to respond to an inquiry, request or complaint that you have made. COMPANY may also use IP addresses it collects in cooperation with Internet service providers, to identify users if we deem it necessary to comply with law, to enforce compliance with this Privacy Policy or our Terms and Conditions, or to protect our sites, customers, or others. XIII. Our Commitment to Data Security While COMPANY takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Websites, Services, and customer databases, no website, Internet transmission, computer system, or wireless connection is completely secure. Consequently, COMPANY cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the COMPANY Websites and Services is at your own risk. COMPANY urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your Whenever you give COMPANY sensitive or confidential information (for example, credit card numbers for Purchases), COMPANY will take commercially reasonable steps to protect the information by establishing a secure connection with your Web browser. COMPANY employs a security technology known as a secure-socket-layer ("SSL") to protect the transmission of payment information to the site. Unless otherwise specified herein or on the Website where you make a Purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes. XIV. Hyperlinks To and From Other Sites COMPANY sites may frame, and/or contain links to, or advertisements about, non-COMPANY Web sites. Other sites may also reference, advertise, or link to COMPANY Websites. COMPANY does not endorse or sponsor other websites, is not responsible for the privacy practices or the content of non-COMPANY sites, expressly disclaims any statements or assertions made on such websites, and denies and disclaims all liability associated with your use of, and the content on, such other sites and advertisements. XV. Consent to Processing in the United States By providing any personally identifiable information to COMPANY, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection, storage, and processing of such information in the United States of America. XVI. Contact Us Regarding Privacy COMPANY is dedicated to protecting your personally identifiable information and welcomes comments and questions on this Privacy Policy. You may e-mail your questions or comments to: [email protected] Please note that information submitted to the Website via a "contact us," "help" or other similar e-mail address or form will not necessarily receive a response. We will not use the information provided to these e-mail addresses or forms for marketing purposes unrelated to your request. XVII. Notification of Changes COMPANY reserves the right to change this Privacy Policy and its Terms and Conditions at any time. In case of any material change to the Privacy Policy, we will replace the "Privacy Policy" link on the home page of our sites with a link entitled "Updated Privacy Policy" for no less than 30 days. All changes to the Privacy Policy and/or Terms of Service will be effective when posted, and your continued use of any COMPANY Website or Service after the posting will constitute acceptance of, and agreement to be bound by, those changes. PRIVACY NOTICE This privacy notice discloses the privacy practices for www.gamechangernetwork.com , as well as any of its sub-domains and related domains, and other websites of the COMPANY. This privacy notice applies solely to information collected by this web site. It will notify you of the following: 1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared. 2. What choices are available to you regarding the use of your data. 3. The security procedures in place to protect the misuse of your information. 4. How you can correct any inaccuracies in the information. Information Collection, Use, and Sharing We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. Your Access to and Control Over Information You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: - See what data we have about you, if any. - Change/correct any data we have about you. - Have us delete any data we have about you. - Express any concern you have about our use of your data. Security We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 888-819-9463 or via email at [email protected] |
Terms and ConditionsEffective Date: January 1, 2021 - V2.0
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. By i) using this site, ii) purchasing any products or services from Culinary Wine Institute, LLC ("COMPANY") or iii) utilizing any of the products or services from COMPANY through this site, you are deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from COMPANY, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site. The COMPANY’s Privacy Policy and Utah Privacy Policy are incorporated into this Agreement. I. GENERAL TERMS & CONDITIONS II. User Public Forum Submission/Participation Policy and Terms III. Special Notes with regard to Product and Service Purchases IV. Product and Service Purchase Agreement / Refund Policy ____________________________________________________________ I. GENERAL TERMS & CONDITIONS a) Scope of Terms and Conditions These Terms and Conditions apply to your use of all of the website at http://www.culinarywineinstitute.com as well as any of its sub-domains and related domains (collectively the "Site"), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links. b) Restrictions on Use The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site. You must abide by all additional copyright notices or other restrictions contained in any of the Site. You agree not to do any of the following while using the Site: 1. harass, stalk or otherwise abuse another user; 2. transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion); 3. transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; 4. upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Site. 5. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason; 6. transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or 7. violate any applicable local, state, federal or international law, rule or regulation. c) Links These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster. Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send E - mail to [email protected]. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time. THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICIT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS. BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF UTAH, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." We do not endorse, warrant or guarantee any products or services offered on the any third party site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services. d) Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE. e) No Personal Advice The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. f) Parental Permission; Minimum Age Requirement This Site is not directed to persons under the age of 18. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS. We hereby require all users of the Site to be over 18 and all purchasers of COMPANY's products and services to be over 21. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 18 years of age. If you are purchasing any of the products or services of COMPANY, you represent that you are at least 21 years of age. g) MEMBERSHIP FEES We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you. h) COPYRIGHT All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of COMPANY or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the COMPANY and protected by U.S. and international copyright laws. i) TRADEMARKS The COMPANYs name and other COMPANY logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of COMPANY or its affiliates in the U.S. and/or other countries. COMPANYs trademarks and trade dress may not be used in connection with any product or service that is not COMPANYs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the COMPANY. All other trademarks not owned by the COMPANY or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the COMPANY or its affiliates. j) CONTACTING US The address and phone number for the COMPANY is: Culinary Wine Institute, LLC 2100 Park Ave., #682594 Park City, Utah 84068 You can reach our customer support by calling us at 801-201-4282 or by emailing us at [email protected] For cancellation of a subscription, call 888-819-9463 or submit a cancellation request to [email protected] For refund requests, call 801-201-4282 or submit a refund request at [email protected] Privacy matters can addressed to us by emailing us at info@culinarywineinstitute.com II. User Public Forum Submission/Participation Policy and Terms a) General: As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, "Forums") where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons. Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. COMPANY has no responsibility for such content and is merely providing access to such content as a service to you. BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS. b) Your Participation/Contribution Requires Consideration: Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum). c) Confidential Obligations: You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with COMPANY that requires you to maintain the confidentiality of certain material or information of COMPANY. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which COMPANY has required you to preserve as confidential. d) Grant of Rights: To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of COMPANY or other information you are required to preserve as confidential by COMPANY, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted COMPANY, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that COMPANY may sublicense or assign its rights through multiple tiers of sublicenses or assigns. e) No Obligation to Monitor: COMPANY does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in COMPANYs sole discretion. f) No Obligation to Remove: COMPANY is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that COMPANY shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with COMPANY with differing terms or COMPANY has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place. g) No Endorsement: COMPANY does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk. h) Company's Right to Act: If COMPANY discovers communications which allegedly do not conform to any terms and conditions of this Site, COMPANY may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. COMPANY will have no liability or responsibility for performance or non-performance of such activities. COMPANY reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which COMPANY has absolutely no control. III. Special Notes with regard to Product and Service Purchases a) Shipping Methods (only applies to tangible products - not online services) Products shipped by COMPANY, Inc. ("COMPANY") may be shipped by UPS Standard or by any other method in the discretion of COMPANY.
b) Sales Tax Sales tax is only required on tangible products shipped within our resident state of business. Therefore any order for a tangilbel item will be charged applicable sales tax according to your area's tax rate. c) Product listings COMPANY strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, COMPANY shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from COMPANY are provided as resources to customers looking for additional information and/or professional opinion. COMPANY does not assume responsibility for the claims and/or representations made on these or any other websites. e) Product Revisions COMPANY is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases COMPANY acts as a distributor for others. In the interest of our customers, COMPANY puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, COMPANY relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, COMPANY will not be held responsible for product revision changes. IV. Product and Service Purchase Agreement By accepting delivery of any product or service delivered from COMPANY, viewing such products, or otherwise using such products or services, you ("Customer") agree to be bound by the terms and conditions listed below. You and COMPANY agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the COMPANY. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from COMPANY. a) Product Issues If you have problems or concerns regarding the Company or your purchases, you may contact us by emailing us at info@culinarywineinstitute.com. b) Refund/Return Policy We offer a 10 day refund/return policy, no questions asked. You may request a refund within 10 days of purchase. You must contact us by submitting a request by emailing us at info@culinarywineinstitute.com within 10 days of your purchase. c) WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD "AS-IS" OR "WITH ALL FAULTS".COMPANY MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY COMPANY ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. d) LIMITATION OF LIABILITY IN ALL CIRCUMSTANCES COMPANY'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. e) CUSTOMER AGREED TO RESTRICTIONS, OBLIGATIONS AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE: Customer acknowledges that the services sold by COMPANY are the confidential and proprietary information and property of COMPANY. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the COMPANY by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A "Customer" includes anyone who receives the products or services of COMPANY, even if for free. Customer agrees that no one may use these products and/or services in any manner without the written approval of COMPANY, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from COMPANY. Anyone viewing or otherwise utilizing the products of COMPANY by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that COMPANY discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by COMPANY remains information that you have an obligation to protect and maintain as confidential. Customer represents and warrants that he or she is at least 21 years old. In the event that Customer is under 21 years old, Customer will immediately discontinue using the products purchased from COMPANY. e) TERMS AND CONDITIONS SPECIFIC TO MONTHLY SUBSCRIPTIONS. By providing your credit card and other information, agreeing to this Terms and Conditions, or selecting the “Purchase” button (or similar such button for monthly subscription), you are purchasing a monthly subscription and are agreeing to allow us to charge your credit card for amounts payable to us pursuant to this subscription. You acknowledge and understand that you can cancel anytime by contacting customer support at 888-819-9463 or by submitting a cancellation request to info@culinarywineinstitute.com f) GENERAL TERMS AND CONDITIONS 1. Payment Terms; Orders: An order is not binding upon COMPANY until it is accepted; COMPANY must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with COMPANY. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. 2. Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the COMPANY invoice. 3. Title; Risk of Loss: COMPANY will arrange for shipment of ordered product(s) to you, the Customer, Freight On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to you upon delivery to the carrier. COMPANY reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow COMPANY to sign appropriate documents on your behalf to permit COMPANY to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. COMPANY will advise you of estimated shipping dates, but COMPANY will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes. 4. Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between COMPANY and yourself shall be governed by the laws of the State of Utah, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. COMPANY and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Utah, Summit County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against COMPANY that is more than one year after the date of the applicable invoice. 5. Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Utah law. 6. Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing. 7. Entire Agreement: These Terms and Conditions (along with the incorporated Utah Privacy Policy and Privacy Policy) are the complete and exclusive agreement between the COMPANY and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the COMPANY and you relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. |
