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Terms & Conditions

Terms & Conditions

These Terms of Use apply to this website (culinaryconceptsab.com) which is owned by Culinary Concepts AB LLC. Culinary Concepts AB LLC reserves the right to update or modify our Terms & Conditions at any time without prior notice. Updates will be posted to this page and are effective upon posting. It is your obligation to check current Terms & Conditions for any changes.

Please review these Terms & Conditions before using any of our Services. By using our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described herein, as well as the Culinary Concepts AB Privacy Policy. If you do not agree to these Terms & Conditions, then you must not use our Services.

If you violate these Terms & Conditions, we reserve the right to deny you access to our Services, together with any other legal remedies.

We grant you a limited, revocable, non-exclusive, and non-transferable right to review our Services and Website for your personal and educational purposes if they do not violate any aspect of our Terms & Conditions or applicable law. Culinary Concepts AB LLC will not be liable if, for any reason, all or any part of the Services are unavailable for any period.

Account Access Registration

Some Services (such as our Membership registration) may require you to create an account (“Account”) and select a user ID and password. All information you provide to us will be accurate and true to the best of your knowledge. You are responsible for protecting confidentiality of passwords and for all activities that occur under your Account, regardless of whether or not any activity is authorized by you. You agree to notify us immediately upon unauthorized use of your Account(s).

You may be held liable for losses incurred by Culinary Concepts AB LLC or any other user of or visitor to the website due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that user name, password or account. Culinary Concepts AB LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Prohibited Conduct

You are prohibited from using our website or services or related content for/to:

  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content
  • Engage in any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information
  • Solicit others to perform or participate in any unlawful or prohibited acts
  •  Violate any international, federal, provincial, state or local regulations, rules, laws, or ordinances
  • Intimidate, harass, insult, harm, defame, slander, annoy, disparage, or discriminate based upon religion, gender, sexual orientation, ethnicity, race, age, national origin, or disability
  • Submit misleading information
  • Attempt to mislead or impersonate another
  • Transmit viruses or any type of malicious code that could or will be used to affect website functionality or operation of Services.
  • Attempt to track or collect personal information of clients, visitors, employees or any other party
  • Send marketing materials, spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware
  • Circumvent or disrupt security features of the website (or related/unrelated websites or the Internet) and/or Services, including those to prevent copying of content or which limit use
  • Transmit or procure the sending of any advertising or promotional material
  • Retrieve content or data from the website or Services to create or compile a collection, compilation, database, or directory without written permission from us
  • Make unauthorized use of Services, including collecting usernames and/or user email addresses by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
  • Engage in unauthorized framing of or linking to the Services
  • Engage in any automated use of the system, including using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services (e.g. DNS attacks)
  •  Use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise
  •  Decipher or reverse engineer any of software comprising or in any way making up a part of the website
  •  Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Transmit, or attempt to upload or to transmit, viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services
  • Transmit, or attempt to transmit, any material that acts as a passive or active information collection or transmission mechanism.
  • Except as the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system that accesses the Services and/or uses any unauthorized script or software
  • Purchase our products for resale on any third-party marketplace

Intellectual Property 

All “content on this site” (Content) including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, video, sounds, music, artwork and computer code is owned, controlled or licensed by or to Culinary Concepts AB LLC. This includes but is not limited to the design, structure, selection, coordination, expression, and “look and feel” of such Content.  This Content is protected by copyright, patent and trademark, and trade dress laws as well as various other intellectual property rights and unfair competition laws.

We reserve all rights to all website Content stated and this content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except when specifically indicated that selected content is intended for download or printing for your own, personal, non-commercial use. Any limited consent may be revoked at any time by us and does not include consent to republish content on the Internet, Intranet or Extranet site or to insert our content in any data base or compilation. Any other use of the content is strictly prohibited.

Disclaimers

YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK AND CULINARY CONCEPTS AB LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Culinary Concepts AB reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except when prohibited by law, in no event will Culinary Concepts AB LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Culinary Concepts AB LLC has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Culinary Concepts AB LLC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, Services, or any Content, Culinary Concepts AB LLC liability shall in no event exceed US$500.00.

The foregoing limitation may not apply to some warranties that cannot be excluded or limited under applicable law in some jurisdictions.

Accuracy, Completeness, and Timeliness of Information

Culinary Concepts AB LLC makes reasonable efforts to confirm that the content on our Services is complete, current, and accurate. However, we cannot guarantee that the information contained in our Services will not contain errors, inaccuracies, or omissions. Such errors may relate to product availability, price, product description, product photographs, offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.

Culinary Concepts AB LLC reserves the right to correct, amend, refuse, or cancel any information or orders containing any error, inaccuracy, or omission at any time without prior notice. This may include orders that have been submitted, confirmed, or charged to your credit card. If an order is canceled after your credit card has been charged, it will be fully refunded.

We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.

Links to Other Websites

Our Services may contain links to other websites that are not owned or operated by Culinary Concepts AB LLC (collectively “Third-Party Sites”), although such sites may have an affiliation with Culinary Concepts AB LLC. You acknowledge that Culinary Concepts AB LLC is not responsible for the availability of, or content located on any Third-Party Site. Please carefully review the Third-Party Site’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

Distribution/Uploading of Third-Party Content

Any content you submit or make available for inclusion on the Services shall become the sole property of Culinary Concepts AB LLC. Regarding all such content, including, without limitation, creative ideas, suggestions, content, postings, artwork, photograph, material or other submissions (collectively, “User Submissions”), you grant the Company the right to use, reproduce, disclose, publish, and distribute any material you submit for any reason without compensation.

No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentiality. Neither the Company, nor our affiliates, nor their respective officers, directors, agents, or employees shall be liable for any use or disclosure of any User Submissions. The Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public forum, any other portion of the Services, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is inappropriate. If you submit data to us about other individuals (such as your message and gift recipients), you agree that you have obtained consent from each such individual to the submission, transfer, and processing of the Information.

Privacy Policy

We collect information about you when you use our Services as described in our Privacy Policy, which also describes why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. Additionally, by using this website and our Services, you acknowledge and agree that Internet transmissions are never completely secure. You understand that any message or information you send to the website or company may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Governing Law

The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of Virginia without reference to any conflict of law rules. You agree to the personal jurisdiction by and venue in the Commonwealth of Virginia and waive any objection to such jurisdiction or venue.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

Arbitration Clause and Class Action Waiver

You and Culinary Concepts AB LLC agree that any dispute or claim arising from or related to our Services, these Terms & Conditions, and/or the Privacy Policy it will be resolved by confidential binding arbitration in Virginia, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within 30 (30) days of such Notice. The Notice to the Culinary Concepts AB LLC should be sent to: 4051 Barracks Road, Charlottesville, Virginia 22903. Any notice must include a description of the nature and basis of the claims the party is asserting.

If you and Culinary Concepts AB LLC are unable to resolve the claims described in the Notice within thirty (30) days after any Notice is sent, you or the Company may initiate arbitration proceedings. 

An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow provisions of the Terms & Conditions as a court would. You acknowledge that you voluntarily and knowingly forfeit your right to a trial by jury and otherwise proceed in a lawsuit in any federal court or state court.  

The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association will administer any arbitration proceedings under Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association rules.

The arbitration shall be held in the Commonwealth of Virginia or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have arbitration conducted by telephone or based solely on written submissions. Attendance at in-person hearings may be made by telephone or video conference by either party unless the arbitrator determines otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Virginia, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. An arbitrator’s award shall be confidential, final, and binding.  Award judgment by an arbitrator may be entered in any court having jurisdiction.

Notwithstanding any provision in these Terms & Conditions to the contrary, both parties agree that if Culinary Concepts AB LLC makes any change to this Section (other than a change to any notice address or website link provided herein), any change will not apply to claims filed in a proceeding against us prior to the effective date of the change. Moreover, if Culinary Concepts AB seeks to eliminate or or terminate this Section, the termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this Section is posted and will not affect any claim filed in proceedings against Culinary Concepts AB prior to the effective date of termination.

You and Culinary Concepts AB agree that disputes between either party will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. Both parties also agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Violation of Terms of Use

Culinary Concepts AB LLC may disclose any information we have about you if we determine disclosure is necessary for any investigation or complaint regarding your use of our website or Services or to identify, contact or bring legal action against any party who may be causing injury to or interference with Culinary Concepts AB LLC’s rights or property, or the rights or property website users or Culinary Concepts AB LLC’s customers.

Culinary Concepts AB LLC reserves the right to disclose information Culinary Concepts AB LLC deems necessary to comply with applicable law, regulation, legal process, or governmental request. Culinary Concepts AB LLC may disclose your information when Culinary Concepts AB LLC determines that applicable law requires or permits such disclosure, including exchanging information with other organizations for fraud protection purposes.

You acknowledge and agree Culinary Concepts AB LLC may preserve any transmittal by you with Culinary Concepts AB LLC through the website or Services, and may disclose such data if required to do so by law or if Culinary Concepts AB LLC determines such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, respond to claims such data violates the rights of others, and/or protect the rights, property or personal safety of Culinary Concepts AB LLC, its employees, or the public.

You agree Culinary Concepts AB LLC may, in its sole discretion and without prior notice, terminate your access to the website and/or Services and/or block your future access to the website and/or Services if we determine that you have violated the Terms of Use or other agreements which may be associated with your use of the website and/or Services.

You agree Culinary Concepts AB LLC may, in its sole discretion and without prior notice, terminate your access to the website and/or Services, for cause, which includes (but not limited to) requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the website or any Services, or (4) unexpected technical issues.

Severability

To the extent that any Term or Condition is deemed unlawful, void, or unenforceable, including arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. Any unenforceable portion shall be severed from these Terms & Conditions. Such determination shall not impact validity and enforceability of other remaining provisions.

Termination

We may terminate this agreement at any time without notice to you and may also deny you access to our Services.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold Culinary Concepts AB LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Culinary Concepts AB LLC by any third party due to or arising out of or in connection with your use of this website or our services.

How to Contact Us

If you have any questions about these Terms & Conditions, please send us an email at info@culinaryconceptsab.com.