EFFECTIVE May 1, 2020
1. INTRODUCTION AND ACCEPTANCE
These “Terms” apply to the website and services controlled by The International Kitchen, Inc. (“The International Kitchen” or “The International Kitchen, Inc.®”) or its Affiliates (defined below), referred to as “www.theinternationalkitchen.com,” “us,” “we,” or “our,” where these Terms are posted (“Website” or “Services”), whether accessed via your personal computers, public access Internet services, mobile devices, or otherwise (collectively, “Access Device”).
CAREFULLY READ THESE TERMS AND APPLICABLE ADDITIONAL TERMS BEFORE USING THE WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN CONSENTS, RIGHTS, AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS. FURTHER, YOUR CONTINUED USE OF OUR WEBSITE, FOLLOWING THE POSTING OF A NOTICE OF ANY MODIFICATION, WILL BE SUBJECT TO THE TERMS IN EFFECT AT THE TIME OF YOUR USE. DO NOT USE THE WEBSITE OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS. CERTAIN PROVISIONS OF THESE TERMS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS DISPLAYED ON PARTICULAR AREAS OF THE WEBSITE THAT OFFER CORRESPONDING SERVICES. DISPUTES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE WILL BE RESOLVED VIA ARBITRATION EXCEPT AS OTHERWISE NOTED BELOW.
2. USER ACKNOWLEDGEMENTS
The International Kitchen prohibits minor children from booking reservations and traveling without an accompanying adult. As a condition of your use of the Website, you warrant that you: (a) are at least 18 years of age or the age of majority in your local jurisdiction; (b) possess the legal authority to create a binding legal obligation; (c) will use the Website or Services in accordance with these Terms; (d) will use the Website and Services only to make reservations for you or for one or more other persons for whom you are legally authorized to act (“Participants”); and (e) will inform such other Participants about all rules and restrictions and the Terms that apply to the reservations you have made on their behalf.
3. INTELLECTUAL PROPERTY
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Website are the registered and/or unregistered Trademarks of The International Kitchen, or such other third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of The International Kitchen or such other third party that may own the displayed Trademarks.
Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites. Access to and uses of this Website are solely for your purchase of The International Kitchen products for personal use, information, education, and communication with The International Kitchen You may download, copy or print the Content of this Website for your personal non-commercial use only. No right, title, or interest in any of the Content of this Website is transferred to you as a result of any downloading, copying, printing, or use of this Website. All rights not expressly granted to you by these Terms are reserved by The International Kitchen.
4. WEBSITE ACCESS, PROHIBITED USES AND SUBMISSIONS
Access to and use of this Website are solely for your purchase of The International Kitchen products and services for personal use, information, entertainment, and communication with The International Kitchen. You may not circumvent, disable, or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Content.
We take all reasonable steps to maintain accurate Content, but at times some Content may become outdated. You may not rely on any information and opinions expressed on the Website for any other purpose than permitted by these Terms. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Content.
You are prohibited from using the Website or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Website, other websites, or the Internet. We reserve the right to terminate your account or otherwise deny you access to the Website in our sole discretion for any or no reason without notice and without liability.
By submitting content to this Website by electronic mail, postings on this Website, or otherwise, including any reviews, photos, videos, questions, comments, suggestions, ideas, or the like contained in any submissions (collectively, “Submissions”), you grant us and our service partners through whom we provide Services (collectively, the “Affiliates”), a nonexclusive, worldwide, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion, and that such submissions may be shared with our service partners. You further grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion, or exploitation of your Submissions by us, Affiliates, or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website any commercial material or content (including, without limitation, solicitation of funds, advertising, or marketing of any good or services) and any material or content that infringes, misappropriates, or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that we may exercise our rights (e.g., use, publish, delete) to any content you submit without notice to you.
5. CONDITIONS FOR THIRD-PARTY LINKING TO THIS WEBSITE
In limited circumstances, we may permit third-party links to the Website home page from any website that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms or applicable Additional Terms, we reserve the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Although third-party links may be posted on this Website, the posting of those links or associated content does not constitute The International Kitchen’s endorsement of such material. Similarly, although third-party products and services may be sold or purchased via links on this Website, the sale and purchase of those products and services does not constitute The International Kitchen’s endorsement of the same. The International Kitchen is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party websites, content, or products and services.
The websites associated with third-party links on this Website may be located in, or hosted in connection with laws of, different countries, and those websites and the products or services offered on those websites are likely to be subject to the hosting country’s regulatory or product requirements. Please review carefully the third party’s terms and conditions, policies, and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
6. USER REGISTRATION
In order to access or use some (or potentially all) of the features of the Website, you may have to become, and remain a registered user. If you are under the age of eighteen (18), or under the age of majority in your local jurisdiction, you are not permitted to register as a user or otherwise submit personal information to The International Kitchen.
Under these Terms, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your Access Device; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account or the Website at:email@example.com; (f) not sell, transfer, or assign your username and password; and (g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity.
7. BOOKING TERMS
Deposit terms/ custom trip terms/ one-day class terms
A non-refundable deposit of 30% per person is required to secure a booking of a standard cooking vacation. Some trips – especially custom itineraries – may require a higher deposit, and that will be indicated on the pricing details for that trip. The deposit is charged upon confirmation (not upon submission of the booking form), generally 24-48 hours after we receive the request. Final payments are also non-refundable and are due 60 days prior to the program start date except where otherwise indicated on the individual trip page. If you make the initial reservation less than 60 days before the start date of the program, the full payment is due and is non-refundable.
The non-refundable deposit and balance payment terms for customized itineraries, including group trips, will be determined before booking is confirmed. A customized itinerary is any itinerary in which the price varies according to activities or accommodations selected by the client at time of confirmation, or any itinerary that The International Kitchen designates as a custom trip. Payment terms will be clearly presented to the client in writing before the deposit is made.
A non-refundable payment in full is required to secure a booking of a one-day cooking class. The International Kitchen will notify you by e-mail if your class is confirmed, along with the necessary information. If you do not receive the e-mail, please check your Spam folder. It is the sole responsibility of the traveler to contact us at least 72 hours in advance if you do not have your class instructions. Once we confirm the class, there is no refund.
Limited time “Worry Free Booking” promotion:
The International Kitchen is offering a special limited time “Worry Free Booking” promotion available only for certain packages designated on our Website as a “Worry Free Booking” promotion. To qualify for this limited special promotion, your booking for the package must be new and made between May 14, 2020 and September 30, 2020. The promotion does not apply to special group departures, only for individual bookings. You must make a deposit payment of 30% at the time of booking. The deposit payment is fully refundable up to 31 days prior to the trip start date, at which time the non-refundable final payment is due. No refunds will be made after that time. This offer may be withdrawn or extended at any time. However, The International Kitchen will honor all specially designated “Worry Free Booking” promotion bookings made while this special promotion is in effect.
A list of eligible packages follows (list is subject to change without notice):
Pesto, Pasta, and the Cinque Terre
A Culinary Adventure in Puglia
Antinori’s Noble Tuscany
Classic Tuscan Table at Villa Casagrande
Cook in the Heart of Chianti
Cooking and Vineyards of Southern Tuscany
Cooking Under the Tuscan Sun
Florence for the Food Lover
Living the Real Tuscan Dream
Truly Tuscany: Wine Tasting Tour on Tuscany’s Western Coast
Tuscookany: Italian Cooking at Torre del Tartufo and Casa Ombuto
Cooking in Brittany
Cooking in the French Alps
Vietnam & Cambodia
Final payment for cooking vacations is due by check or credit card to the International Kitchen sixty (60) days prior to the first day of travel, except where otherwise indicated on the specific trip page. Final payment for group cooking vacations is due by check at the International Kitchen ninety 90 days prior to the first day of travel. Late payment may result in additional fees and penalties or the cancellation of the program and forfeiture of your deposit.
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a U.S. credit card, your bank may convert the payment amount to your local currency and charge a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered an international transaction by the bank or card company, in all cases where we pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee are determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Late bookings payment terms
There is no late fee for last-minute bookings of a cooking vacation or one-day class. However, keep in mind it does take 24-48 hours in most cases to confirm services with our partners. Therefore, it may sometimes be impossible for us to accommodate your request if it is very last minute. In these cases we will inform you via email that your class or vacation cannot be confirmed, and no payment will be processed. In all cases, late bookings may remain subject to pricing increases that will be communicated to you prior to confirming your trip and processing your payment.
We recommend that you purchase a travel protection plan to help protect you, Participants, and your travel investment against the unexpected. Travel protection plans can include coverage for Trip Cancellation, Trip Interruption, Emergency Medical and Emergency Evacuation/Repatriation, Trip Delay, Baggage Delay and more.
TRAVEL PROTECTION PLANS MAY INCLUDE EXCEPTIONS AS TO WHAT IS COVERED UNDER THE PLAN, INCLUDING EXCEPTIONS WHERE A FORCE MAJEURE EVENT IS INVOLVED. YOU SHOULD REVIEW CAREFULLY ANY TRAVEL PROTECTION PLAN PRIOR TO PURCHASE. WE MAKE NO REPRESENTATION AS TO WHAT MAY OR MAY NOT BE COVERED BY A PARTICULAR PLAN.
For your convenience, we offer travel protection through Travelex Insurance Services. For more information on the available plans or to enroll, click here or contact Travelex Insurance Services at 800-228-9792 and reference location number 13-5015. Or, see the TravelEx Travel Select Brochure or the TravelEx Travel Basic Brochure to learn more about travel protection plans.
Please Note: A travel protection plan can be purchased any time prior to departure. However, to be eligible for the waiver of pre-existing medical condition exclusion, the protection plan must be purchased within 15 days (Travel Basic) or 21 days (Travel Select) from the time you make your initial trip deposit. However, the plan can be purchased any time prior to departure.
The product descriptions provided here are only brief summaries and may be changed without notice. The full coverage terms and details, including limitations and exclusions, are contained in the insurance policy. Travelex CA Agency License #0D10209. All products listed are underwritten by, Berkshire Hathaway Specialty Insurance Company, NAIC #22276. 11.17 83I.
Cancellations and Changes.
We do not anticipate cancelling, postponing, or making changes to our trips. However, if such an event occurs, the following applies.
Cancellation by us. The International Kitchen reserves the right to cancel any trip at any time prior to departure. If a trip is cancelled by us other than for a Force Majeure event, we will make every effort to find a suitable replacement and apply your deposit and final payment towards the replacement trip. If a trip is cancelled by us due to a Force Majeure event, you will be able to apply the deposit and final payment towards select future tours offered by The International Kitchen. For purposes of this section “Force Majeure” means act of God, civil unrest, terrorism, cyberterrorism, war, epidemic, pandemic, national emergency, or governmental orders or restrictions. No refunds of your deposit or final payment will be made.
Cancellation by you. If you cancel the trip for any reason, including a Force Majeure event, your deposit and final payment are not refundable.
Rescheduling by us. If The International Kitchen reschedules, but does not cancel, your trip, your reservation will be applied to the new date of the trip, or The International Kitchen will allow you to reapply the deposit and final payments towards select future tours offered by The International Kitchen. No refunds of your deposit or the final payment will be made.
Change in published itinerary. The International Kitchen will make every effort to follow any published itinerary, but variances may occur due to availability and factors beyond the control of the operator. The International Kitchen may in its sole discretion substitute a service or good of similar quality for any stated in any itinerary.
Certification of Health:
By making payment, you certify that you and other Participants do not have any condition, illness, or disability that would create a hazard or hardship for other travelers participating in the program and that Participants understand that health care standards, facilities, and services in Europe, Asia, Africa, and South America may be different or inadequate for treatment of certain health conditions. The International Kitchen makes no representations or warranties and disclaims any made regarding special accommodations or handicap accessibility on any program. The International Kitchen reserves the right to decline accepting or retaining any traveler whose health or actions in The International Kitchen’s sole judgment impede the operation of a trip or the welfare or enjoyment of fellow travelers.
The International Kitchen cannot accommodate any allergies or dietary needs or restrictions. It is your and other Participants’ sole responsibility to take care of your own dietary needs. Subject to the foregoing, The International Kitchen will try to accommodate special food requests but will not be responsible for food allergies, dietary needs or restrictions. If you or any other Participant have a life-threatening food allergy, we recommend you do not book our services. If you or any other Participant choose to book our services, you are assuming the risks associated with food allergies and any adverse health or medical event(s) associated with such allergies.
Meals included in the program are not “a la carte” and will be a carefully selected fixed menu reflecting the food of the region. If you have a food allergy, please advise, although we cannot make any guarantees for changes or modifications to meals to accommodate allergies or dislikes. There is always an abundance of food, so it is generally not a problem to avoid the foods that may cause an allergic reaction or that you do not like.
We hope that your program or class will be perfect! However, should there be any problems, your first recourse is your local contact. If not resolved, please contact The International Kitchen while you are still at the program. If you do not, and wait until after the fact to register a complaint or advise of a problem, it will be very difficult for The International Kitchen to obtain a price adjustment on your behalf.
Where transfers are included, there is one scheduled group transfer for arrival and departure at a designated time and place. It is your and Participants’ responsibility to be at the transfer point at the designated time. Private transfers can be arranged for an additional fee. Please be advised that if you are arriving and/or departing on the dates of the program, a late arrival or very early departure may necessitate a special transfer at an additional fee. We would be happy to confirm transfers with you before you finalize your travel arrangements. Neither The International Kitchen nor its providers are responsible for late arrivals due to flight delays or any other reason. If you are delayed, we will do our best to transfer you to the program whenever you arrive, but please be prepared to pay an additional fee directly to the driver in the local currency.
All prices are per person and based upon double occupancy. If you are a single traveler, confirmation will be based upon and include the posted single supplement for that specific program. Triple room accommodations may be available upon request. Price is subject to change without notice as a result of adverse economic changes or currency fluctuations that may affect air/land transportation, hotels, or other related service providers.
It is the responsibility of each tour participant to obtain and carry a valid passport, visa(s), and any other documents required by applicable government regulations. Many countries require that your passport be valid for at least 6 months after your scheduled return date. Non-US residents may require special travel documents. Check with your local embassy or consulate.
Travels with Karen Weeks
When you book a special “Travels with Karen” week, we do not guarantee that Karen will accompany the week. If circumstances make it impossible for Karen to travel, any Travels with Karen itinerary will proceed as planned with our excellent local escorts.
The International Kitchen does not own or operate any of the suppliers of services or accommodations for your trip. As a result, The International Kitchen is not responsible for any negligent or willful act or failure to act of any such supplier or of any third party over whom The International Kitchen has no control. The International Kitchen and its representatives act only in the capacity of an agent of all air/land transportation, sightseeing, tour operators and hotels which provide services included in the specified tour. The individual tour participant agrees that The International Kitchen and its representatives shall not be liable for any injury, illness, damage, loss, accident, delay, or irregularity, liability or expense to person or property due to any act of default of hotel, air/land transportation carrier, restaurant supplier or other contractor rendering or providing services. The International Kitchen and its representatives shall not be responsible for any expense or liability resulting from labor disputes, war, acts of terrorism, government restraints, weather conditions, sickness, epidemic, pandemic, pilferage, or any other cause beyond their control. The International Kitchen and its representatives reserve the right to accept, or to retain or refuse any person as a participant of any tour or to cancel any program of a tour if circumstances so demand. The International Kitchen and its representatives reserve the right to accept, or to retain or refuse, any person as a participant of any tour or to cancel any program of a tour if circumstances so demand.
Participant Agreement, Acknowledgment of Risk, and Waiver and Release of Liability.
In consideration of The International Kitchen furnishing services to enable you to participate in one of its programs, you and each other Participant agrees as follows:
You fully understand and acknowledge that culinary and travel activities have: (a) inherent risks, dangers and hazards and such exists in your participation in The International Kitchen sponsored activities; (b) your participation in such activities may result in injury or illness; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of The International Kitchen, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes; and (d) by your participation in these activities, you hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of The International Kitchen, or by any other person.
You, on behalf of yourself, your personal representatives and your heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify The International Kitchen and its agents (including representatives, guides, and escorts), officers, and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, or otherwise which may arise out of your participation in The International Kitchen’s activities. You further agree that you will indemnify and hold The International Kitchen harmless in respect of any claims arising in connection with the trip made by: a) third parties, which arise from your misconduct; b) your family members, dependents, or heirs, c) third parties, which you, your estate, your family member, dependents, or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from The International Kitchen, except where the loss, injury, death, or damage is caused by the reckless or fraudulent conduct on the part of The International Kitchen or its employees, guides, shareholders, officers, or directors.
You understand that The International Kitchen reserves the right to take photographic or film records of any of its programs, and hereby agree that The International Kitchen may use any such photographic or film records for promotional and/or commercial purposes without any remuneration to you. You agree to assign all right, title, and interest you may have in or to any media in which your name or likeness might be used to The International Kitchen.
8. USER CONTENT AND PERSONAL INFORMATION
Your participation in any giveaway, contest, or game, and acceptance of any prize shall, unless prohibited by law, also constitute a grant to The International Kitchen of the right to verify correctness of registration and services eligibility requirements, print, publish, broadcast, and use worldwide, in any media now known or hereafter discovered and at any time, personal information such as your name, address, picture, voice, likeness, and/or biographical information for compliance and promotional purposes without additional compensation and without additional consent.
The rights granted by you hereunder may not be terminated, revoked, or rescinded and are not subject to reversion. The rights granted by us may be terminated, revoked, or rescinded and are subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to: The International Kitchen, 307 N. Michigan Ave., Suite 818, Chicago, IL 60601.
The Website may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (b) the ability to access the Website from your mobile phone (Mobile Web) (collectively, the “Mobile Services”). We do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Website to reflect this change.
YOU AGREE TO INDEMNIFY AND HOLD THE INTERNATIONAL KITCHEN, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR BREACH OF THESE TERMS. YOU AGREE TO COOPERATE FULLY WITH US IN THE DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS UNDER THESE TERMS.
11. COOKIE AND TRACKING TECHNOLOGY NOTICE AND DISCLAIMERS
THE WEBSITE AND CONTENT PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” THE INTERNATIONAL KITCHEN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE WEBSITE’S CONTENT, ACCURACY, APPROPRIATENESS, AVAILABILITY, SECURITY, USEFULNESS, TIMELINESS; PERFORMANCE OF THIS WEBSITE; WHETHER THE WEBSITE WILL MEET YOUR REQUIREMENTS; TITLE, NON-INFRINGEMENT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; CUSTOM; TRADE; QUIET ENJOYMENT; OR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE OR OUR MOBILE DEVICE APPLICATION. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE WEBSITE, AND THE INTERNATIONAL KITCHEN, INC. MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEBSITE IS COMPATIBLE WITH YOUR ACCESS DEVICE OR FREE FROM ERROR OR VIRUSES. NO EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE INTERNATIONAL KITCHEN IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, THE INTERNATIONAL KITCHEN DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE BY YOUR USE OF THIS WEBSITE: (1) THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE; AND (3) THAT THE INTERNATIONAL KITCHEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE INTERNATIONAL KITCHEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE INTERNATIONAL KITCHEN, AND/OR ITS AFFILIATES’, AGENTS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS WEBSITE EXCEED TEN ($10) DOLLARS.
FURTHERMORE, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION AGAINST THE INTERNATIONAL KITCHEN ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE, THESE TERMS OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. FAILURE TO BRING SUCH CLAIM OR CAUSE OF ACTION WITHIN THE ONE (1) YEAR PERIOD SHALL RESULT IN THE CLAIM OR CAUSE OF ACTION BEING PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE INTERNATIONAL KITCHEN’S AND ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, AGENTS’, BUSINESS PARTNERS’, LICENSORS’, AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We reserve the right in our sole discretion and at any time to terminate or suspend your registration or block your access to the Website for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms or applicable Additional Terms. You agree that The International Kitchen shall not be liable to you or any third party for any termination or suspension of your registration or for blocking your access to the Website.
If you become a registered user, you may terminate your registration at any time by sending an e-mail to firstname.lastname@example.org.
Any suspension or termination shall not affect your obligations under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive, including, without limitation, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions. Upon suspension or termination of your Account, you will immediately discontinue use of the Website Content and destroy any copies of Website Content in your possession, including deleting any downloaded Website Content from your Access Device.
14. COPYRIGHT DISPUTE POLICY
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Website. Our copyright agent is The International Kitchen’s Vice President, Peg Kern. The agent can be reached at (800) 945-8606, email@example.com, or via U.S. Mail at: The International Kitchen, 307 N. Michigan Ave. Suite 818, Chicago, IL 60601.
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. The International Kitchen will remove or disable access to the content that is alleged to be infringing;
2. The International Kitchen will forward the written notification to the alleged infringer; and
3. The International Kitchen will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from The International Kitchen, the alleged infringer will have the opportunity to respond to The International Kitchen with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to The International Kitchen’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located or, if the subscriber’s address is outside of the United States, of any judicial district in which The International Kitchen may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
15. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules. Any legal proceeding against The International Kitchen that may arise out of, relate to, or be in any way connected with our Website or these Terms that is beyond the jurisdiction of the arbitration procedures set forth below shall be brought exclusively in the state and federal courts located in Cook County, Illinois and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs). The Arbitration and small claims court applies to any Claims you assert against us, our service partners, or any companies offering products or services through us. This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in Cook County, Illinois, another mutually agreed upon location, or in a location determined by the Arbitrator.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Legal: Arbitration Claim Manager at The International Kitchen ATTN: Peg Kern, (800) 945-8606, firstname.lastname@example.org, or via U.S. Mail at: The International Kitchen, 307 N. Michigan Ave. Suite 818, Chicago, IL 60601. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not as a class, consolidated, or representative action. For avoidance of doubt, you acknowledge and agree that all class claims are waived. If for any reason a Claim proceeds in court rather than in arbitration, we and you each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
Events Beyond Our Control.
You expressly release The International Kitchen from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, war, terrorism, cyberterrorism, epidemics, pandemics, or governmental orders or restrictions.
Consent to Electronic Communications.
By registering via this Website, or by sending us or our Affiliates emails, faxes, push notifications, or text or voice messages, you are communicating with us electronically. And in doing so, you expressly consent to receive communications from us electronically via email, fax, push notification, or voice or text message, whether pre-recorded or auto-dialed (“Digital Means”). We will communicate with you by the aforementioned Digital Means, or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your carrier’s normal messaging, data, and other rates and fees will still apply.
International Users Consent to Cross-border Transfers of Personal Information.
For those Website users located outside the United States, you acknowledge and expressly consent to The International Kitchen’s use of your personal information, which at times will be accessible by individuals who are located worldwide including in countries that the European Commission or other geopolitical regions have not been determined to provide the same level of data protection as in your country, province, territory or geopolitical region, and that such information may be accessed by the courts, law enforcement and national security authorities of such jurisdictions. By providing us with your personal information, you are consenting to our use of it in accordance with these Terms, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law.
Entire Agreement and Conflicting Terms.
No Assignment or Third Party Beneficiaries.
These Terms may not be assigned by you to anyone without our consent. No provision of these Terms is intended to create, or creates, any rights in or benefits to any third party beyond those rights or benefits provided by us and our service providers to our paying customers.