THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE. BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.

BY USING 911CHEFERIC.COM’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS 911CHEFERIC.COM MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

1. Contact Information.

Address
Chef Eric Arrouzé
1301-120 Milross Avenue
Vancouver, BC
Canada

Customer Service
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Telephone: 1 604 781 9557

2. Definitions.

1. “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
2. “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
3. “911cheferic.com” refers to Carpe Diem Consulting inc. doing business as Learn 4 fun and 911cheferic.com
4. “Free Gourmet Club Membership”, means the free access to reserved content that is available to registered members only. This may includes some free recipe videos.
5. ”Paid Gourmet Club Membership”, means the access to reserved fee-based content, plus the videos of the recipes from the recipe list, where available. It does not include the access to the curriculum program.
6. “911cheferic.com’s reserved content”, means content that can only be accessed through a login.
7. “Subscriber” refers to any person or entity that purchases or uses a subscription to 911cheferic.com.
8. “User” refers to any party who Accesses the Site. If you are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
9. “Website” or “Site” refers to the website maintained on the World Wide Web by 911cheferic.com, available at http://www.911cheferic.com.
10. “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.

3. Modification of Terms.

911cheferic.com reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after 911cheferic.com gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4. Limited License.

911cheferic.com hereby grants each fee-based Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in 911cheferic.com according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Whether the Subscriber receives a license to the Gourmet Club Prime Membership content depends on the subscription plan.

5. Fees; Renewal; Refund Policies.

Gourmet Club memberships

• Access to free content of the reserved area.
• Access to some videos of selected recipes
• Access to some of the functions of the site related to the community

Fee-based Gourmet Club Prime Memberships

• Access to recipe videos from the recipe list where available
• Monthly subscription plan
• Automatically renews monthly until cancelled by Subscriber
• Automatically renews on the same date of each corresponding month or on final date of month if no corresponding date (January 31, 2008 subscription renews on February 29, 2008)
• Fees charged on renewal date
• Subscription fees are non-refundable; except that Subscriber may cancel renewed subscription in writing up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees
• Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates
• 911cheferic.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that 911cheferic.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription
• 911cheferic.com may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information
• Right of Access to the recipe videos granted under these Terms is effective only upon payment of the subscription fees

6. Access to the 911cheferic.com’s content; Modification of Content.

911cheferic.com strives to provide the site’s content to its Subscribers on a continuous basis. To that end, 911cheferic.com will take all commercially reasonable efforts to provide uninterrupted Access to the 911cheferic.com’s website to its Subscribers. However, from time to time, Subscribers may be unable to Access the 911cheferic.com website due to conditions beyond 911cheferic.com’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the 911cheferic.com’s website to its Subscribers, 911cheferic.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

911cheferic.com endeavors to provide the highest quality content to its Subscribers. To that end, 911cheferic.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

7. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects 911cheferic.com’s computers, servers or databases.
2. Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
3. Permit or provide others Access to the Online Cooking School using Your user name and password or otherwise, or the name and password of another authorized User.
4. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
5. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
6. Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
7. Violate or attempt to violate 911cheferic.com’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
8. Engage in any other conduct which violates the Copyright Act or other laws of Canada.
9. Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or 911cheferic.com.
10. Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
11. Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by 911cheferic.com.
12. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
13. Advertise or otherwise solicit funds, goods or services on the Site.
14. Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, 911cheferic.com reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the 911cheferic.com’s content (free or fee-based) to any person or entity whose use of 911cheferic.com’s website suggests Prohibited Conduct. Access of the materials available at the 911cheferic.com website beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the 911cheferic.com and will result in revocation or denial of Access to the 911cheferic.com reserved content. The terms “normal patterns” and “abuse” shall be determined solely by 911cheferic.com.
You agree not to violate any Canadian, foreign or international software or technology export laws and regulations.

• The Website is not intended for users under the age of 13, and Service Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.

• Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
• You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
• You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Website.
• You further agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not "cyber" or solicit another to "cyber" (participate in virtual sex) on or through the Website.
• You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.
• You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the Website, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
• The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets"). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.
• The Website also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Service Provider or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and "look and feel" of the Website, and advertising thereon ("Website Content"). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Service Provider or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
• You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, including without limitation the Assets or Website Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Website.
• You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website.
• Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
• You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.

COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER:

Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

USE OF MATERIAL SUPPLIED BY YOU:

For information regarding use of information about you that you may supply or communicate to the Website, please see our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy or in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.

COPYRIGHT COMPLAINTS:

Service Provider respects the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Service Provider by providing the following information to our copyright agent set forth below:

(i) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) 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;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;

(iv) Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has 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

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

8. LIMITED WARRANTIES.

911cheferic.com warrants that the software that allows Users to Access the reserved content of 911cheferic.com (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. 911CHEFERIC.COM PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
911cheferic.com also warrants that the media containing the Software, if provided by 911cheferic.com, is free from defects in material on the date the User acquired the Software. 911CHEFERIC.COM'S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE Online Cooking School. THE USER MUST INFORM 911CHEFERIC.COM OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR 911CHEFERIC.COM WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. 911CHEFERIC.COM WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.
ALTHOUGH 911CHEFERIC.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

9. DISCLAIMERS AND LIMITATION OF LIABILITY.

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. 911CHEFERIC.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. 911CHEFERIC.COM DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL 911CHEFERIC.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT 911CHEFERIC.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE Online Cooking School, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL 911CHEFERIC.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT 911CHEFERIC.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE Online Cooking School, EVEN IF 911CHEFERIC.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF 911CHEFERIC.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. 911CHEFERIC.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF 911CHEFERIC.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
911CHEFERIC.COM DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT 911CHEFERIC.COM RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

10. Third Party Content; Hyperlinks.

You acknowledge that 911cheferic.com does not pre-screen third party materials. 911cheferic.com is not the publisher or author of any information on the Site that is provided by third party content providers, and 911cheferic.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and 911cheferic.com’s use of the content constitutes neither an endorsement nor a recommendation by 911cheferic.com of the content. 911cheferic.com assumes no responsibility for third party products or services.
911cheferic.com may contain links and references to other third party websites and materials. 911cheferic.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. 911cheferic.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. 911cheferic.com may disable any hyperlink to the Site. 911cheferic.com has the right but not obligation to monitor third party websites and hyperlinks to the Site.
911CHEFERIC.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, 911CHEFERIC.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

11. Copyrights, Trademarks and Other Proprietary Rights.

911cheferic.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by 911cheferic.com. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Online Cooking School may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of 911cheferic.com, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of 911cheferic.com’s intellectual property except as set forth in Section 4.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to 911cheferic.com, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

12. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless 911cheferic.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

13. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. 911cheferic.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. 911cheferic.com may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the reserved content of 911cheferic.com. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify 911cheferic.com immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify 911cheferic.com immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. 911cheferic.com will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by 911cheferic.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
911cheferic.com will never ask You for Your password. If You need a new user name and/or password, 911cheferic.com will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.

14. Termination of Agreement.

In addition to 911cheferic.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. 911cheferic.com may also terminate Access to the reserved content or cancel subscriptions to the fee-based reserved content without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that 911cheferic.com deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.

15. Privacy Policy.

911cheferic.com values Your trust. In order to honor that trust, all of 911cheferic.com’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review 911cheferic.com’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

16. Miscellaneous.

These Terms constitute the entire agreement between 911cheferic.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between 911cheferic.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, 911cheferic.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. 911cheferic.com’s remedies are cumulative and not exclusive. Failure of 911cheferic.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. 911cheferic.com makes no representation that the content of the Site is appropriate or available for use in all locations. 911cheferic.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. 911cheferic.com cannot provide notifications via post, only e-mail.

17. Governing Law; Dispute Resolution; Forum and Venue.

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by British Columbia (Canada) law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and 911cheferic.com shall be finally resolved through binding arbitration in Vancouver, British Columbia. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Canada Superior Court. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Vancouver Superior Court, Canada for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.