Our Terms and Conditions
Agreement, Effective 09/29/2015
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS AGREEMENT CAREFULLY BEFORE ENROLLING &
PARTICIPATING IN A COOKING CLASS AT THE COOKING
SCHOOL AND/OR USING THIS SITE. You agree that class attendance &
participation and access to & use of this Site are subject to the following
terms and conditions and other applicable law. If you do not agree to these
terms and conditions, please do not register for class nor use this Site.
Basic Definitions
In this document: (1) “COOKING SCHOOL,” means Sewickley Cooking
Studio, LLC d/b/a Gaynor’s School of Cooking; (2) “Site” means
www.gaynorsschoolofcooking.com; (3) “our(s),” “we,” and “us” means the COOKING SCHOOL and the Site; (4) “you(‘re),”
“your,” or “customer” mean a website visitor/user, account holder, class
purchaser, class participant or any other user of our Services; (5)
“Service(s)” means use of and anything provided on our Site, excluding third
party links, and attendance, participation, product(s), and any instruction
offered and/or provided by/at the COOKING
SCHOOL. “Service(s)” also includes any other product or service that we
offer or provide to you that references this Terms and Conditions Agreement (“Terms”).
Refund Policy
Gift
Certificates are NON-REFUNDABLE. Registration is a firm commitment to attend
class. We DO NOT offer refunds UNLESS a class is cancelled by us due to
insufficient registration or other extenuating circumstances. ANY CHANGES must
be made AT LEAST ONE WEEK prior to class, AND will incur a $15
processing fee for an INDIVIDUAL class OR $50 for a cooking class SERIES. IF
you used a DISCOUNT COUPON your processing fee will be $25 for an INDIVIDUAL
class OR $60 for a cooking class SERIES. *BY DEFAULT, REFUNDS WILL BE CREDITED
TO YOUR HOUSE ACCOUNT – REFUNDING CREDIT CARDS ARE BY REQUEST ONLY* ***NO CANCELLATION/CHANGE WILL BE ACCEPTED
IF MADE WITHIN ONE WEEK OF THE DATE OF THE CLASS***
The COOKING SCHOOL’s Privacy
Policy
The COOKING
SCHOOL values your privacy and does not add you to mailing lists, nor does
the COOKING SCHOOL use your personal
information for any marketing purpose. The COOKING
SCHOOL does not share your e-mail address or any other private information
about you with others, except as required by law. By attending a cooking class you are
granting the COOKING SCHOOL
permission to use photographic and/or video images of you for the purpose of
marketing, publicizing, and promoting the COOKING
SCHOOL. Attending class waives any
right to be compensated for the use of my image and releases the COOKING SCHOOL from liability for any
claims, where such claims arise out of or relate to the COOKING SCHOOL’s use of your image.
Online Privacy Policy
The Site collects information
when you register on the Site, place an order, enter a contest or sweepstakes,
respond to a survey or communication such as e-mail, or participate in another
Site feature. When ordering or registering, the Site may ask you for your name,
e-mail address, mailing address, phone number, credit card information or other
information; you may, however, visit our site anonymously. The Site also
collects information about gift recipients so that we can fulfill the gift
purchase. The information we collect about gift recipients is not used for
marketing purposes. Like many websites, the Site uses "cookies" to
enhance your experience and gather information about visitors and visits to the
Site. The Site DOES NOT sell, trade, or otherwise transfer to outside
parties your personally identifiable information unless we provide you with
advance notice, UNLESS we believe release is appropriate to comply with the
law, enforce Site policies, or protect ours or others' rights, property, or
safety. The term "outside parties" does not include the Site. It also
does not include website hosting partners and other parties who assist us in
operating the Site, conducting our business, or servicing you, so long as those
parties agree to keep this information confidential.
Limitation of Liability
You agree
to the fullest extent allowed by law, to RELEASE ANY AND ALL CLAIMS THEY MAY
HAVE against us, our owners, managers, members, employees and other
representatives (hereinafter, “Agreement Beneficiary”) relating to or arising
out of any property damage, personal injury or illness you may incur while
attending or participating in a cooking class. You also agree to pay any costs,
including reasonable attorney’s fees incurred by any Agreement Beneficiary to
enforce these Terms. You CONSENT that these Terms are deemed to have been made
in the Commonwealth of Pennsylvania and Pennsylvania law will apply to
interpretation and enforcement. You also CONSENT to submit to the personal
jurisdiction of and will not contest venue in the Allegheny Court of Common
Pleas for any action brought in connection with these Terms. You are
responsible for indicating ANY/ALL FOOD ALLERGIES when registering for a
cooking class. You are responsible for CONTROLLING YOUR DRINK INTAKE.
The Site shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this Site or the performance of the products, even if the Site has been advised
of the possibility of such damages. Applicable law may not allow the limitation
of exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Copyright
You are granted a non-exclusive, non-transferable, revocable license to access
and use of class materials/content for your NON-COMMERCIAL USE ONLY in
accordance with these Terms. Any other use of class materials/content,
including but not limited to the reproduction, distribution, or sale is
strictly prohibited, unless we have given authorization in writing.
The entire content included in this Site, including but not
limited to text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property this Site. The
collective work includes works that are licensed to us. Copyright 2015, www.gaynorsschoolofcooking.com
ALL RIGHTS RESERVED. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or print
portions of the material from the different areas of the site solely for your
own non-commercial use, or to place an order or book a class with the us or to
purchase our products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of our content is strictly
prohibited, unless authorized by us. You further agree not to change or delete
any proprietary notices from materials downloaded from us.
Trademarks
gaynorsschoolofcooking.comsm
Gaynor’s School of Cooking®
are marks and trade names owned by the COOKING
SCHOOL, a domestic business corporation registered in the State of
Pennsylvania.
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE,
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE
EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT,
OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR
DEVICE AND ANY SOFTWARE OR APPLICATIONS ON YOUR DEVICE). WE DON'T PROMISE
UNINTERRUPTED OR ERROR-FREE SERVICES AND DON'T AUTHORIZE ANYONE TO MAKE
WARRANTIES ON OUR BEHALF. WE PROVIDE ALL SERVICES ON AN “AS IS” BASIS WITH ALL
FAULTS, ERRORS, AND DEFECTS.
Typographical Errors
In the event that a class is mistakenly listed at an incorrect price, we
reserve the right to refuse or cancel any orders placed for class registration
listed at the incorrect price. We reserve the right to refuse or cancel any
such orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is cancelled, we shall issue a credit to your credit card account in the
amount of the incorrect price.
Notice
We may deliver notice to you by means of e-mail, a general notice on the site,
or by other reliable method to the address or telephone number you have provided
to us.
Use of the Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Site or other licensed employee, host, or representative,
as well as other members or visitors on the site is prohibited. You may not
upload to, distribute, or otherwise publish through the Site any content which
is libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may not upload
commercial content on the Site or use the Site to solicit others to join or
become members of any other commercial online service or other organization.
Third Party Links
In an attempt to provide you with increased
value, we may include third party links on our site. These linked sites have
separate and independent privacy policies. We therefore have no responsibility
or liability for the content and activities of these linked sites. Nonetheless,
we seek to protect the integrity of our Site and welcome any feedback about
these linked sites (including if a specific link does not work). Other marks and materials on our Site are owned by
third party licensors, and their use on this Site does not imply the owners'
endorsement or certification.
Indemnification
You agree to indemnify, defend, and hold harmless the COOKING SCHOOL & its Agreement Beneficiaries and
www.gaynorsschoolofcooking.com from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account and/or conduct in cooking class.
Term; Termination
These Terms are applicable to you upon your accessing the Site and/or
completing the registration or shopping process. Our failure to insist upon or
enforce strict performance of any provision of these Terms shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties acts to modify any of these Terms. We may assign our rights
and duties under these Terms to any party at any time without notice to you. These
Terms, or any part of them, may be terminated by us without notice at any time,
for any reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall survive any
termination.
***PLEASE NOTE***
You certify that you and any other
USER(S)/PARTICIPANT(S) have read the Terms & Conditions Agreement in its
ENTIRETY and you intend to be LEGALLY bound by these Terms
Governing Law and Entire Agreement
These Terms are governed by the laws of the Commonwealth of Pennsylvania,
without regard to the rules of conflict of law that may cause the laws of another
jurisdiction to apply. You agree to the sole and exclusive jurisdiction and
venue of the federal or state courts serving Allegheny County in the
Commonwealth of Pennsylvania in the event of any dispute of any kind arising
from or relating to our Services. Any cause of action or claim you
may have with respect to the site (including but not limited to the purchase of
Site products) must be commenced within one (1) year after the claim or cause
of action arises. These Terms constitute the entire agreement between the
parties with respect to the subject matter hereof and supersedes and replaces
all prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. If for any reason a court of competent
jurisdiction finds any provision or portion of these Terms to be unenforceable,
the remainder of the Terms will continue in full force and effect.
