privacy policy

Effective Date:  May 10, 2016

Culinary Sciences, LLC. (“Culinary Science”, “us” or “we”) understands that your privacy is important to you.  Culinary Science is committed to respecting your privacy and protecting your personally-identifiable information (“Personal Information” or “PII”), being any information that is capable of identifying you as an individual person, as you use this Website.  The scope of Culinary Science’s commitment is described in this Privacy Policy.  By submitting PII, you consent to Culinary Science’s use of such PII and non-PII as described herein.

Please also refer to the Terms of Use, which are expressly incorporated as if fully recited herein, if you have not already done so.  Unless otherwise defined herein, all terms have the meanings they are assigned in the Terms of Use.

COLLECTION OF INFORMATION
Personally Identifiable Information
Culinary Science does not collect any PII unless you voluntarily provide such information to Culinary Science.  For example, Culinary Science may collect PII when you choose to utilize certain features or services available on the Website including without limitation, communicating with Culinary Science via the contact information provided on “Contact” tab of the Website or in any other manner, engaging in the registration process to become a Website Member, or submitting an order.  Culinary Science may also collect PII if you choose to include such information in any Submission or other content that you upload, transmit, publish, share, post, distribute or otherwise make available on the Website, whether in connection with the Communication Services or otherwise.

When interacting with the Website in such a manner, you may supply certain PII data, including without limitation, your name, telephone number, mailing address, email address or other online contact information, credit card or other financial information, date of birth, and other similarly identifying information (“PII” or “Personal Information”).   Any such Personal Information will be used, stored, and disclosed only as permitted by this Privacy Policy.
You acknowledge and agree that any Submission that you post or transmit in connection with the Communication Services provided on the Website will be publicly available.  We cannot ensure the confidentiality or security of any information you choose to make public via your use of any such Communication Service or ensure that other persons who have access to such publicly available information will respect your privacy.  You should exercise caution when determining whether to disclose Personal Information in connection with the use of these Website features.

Non-Personal Information
Culinary Science may collect non-personal information about your activity in connection with the Website, including information that is automatically transmitted from your Internet browser when you access the Website.  For example, the Website may automatically recognize and store information including the type of browser you are using; your navigation through the Website; your Internet Protocol (“IP”) address; the time, date, and length of your visit; and the referring site.  This information, if collected, is collected via computer code sent to your computer (commonly referred to as “cookies”).  The cookies may not expire, unless you manually delete them or set your browser to reject them.  If you do not accept the cookies, however, you may have difficulty navigating the Website.  Furthermore, the Website may utilize Web beacons, embedded Web links, and other commonly used information-gathering tools.

USE, STORAGE, AND DISCLOSURE OF INFORMATION
Non-personal information may be used or disclosed by Culinary Science for any purpose and stored in any manner.  For example, like many Website operators, Culinary Science may use non-personal information to manage, operate, or develop the Website such as by analyzing the data about visits to the Website to make it more accessible and interesting for visitors. Further, Culinary Science may share this data with third parties, usually to provide services for Culinary Science associated with the maintenance of the Website.

If you elect to submit Personal Information to the Website, the information will be used for the purpose you requested, for which it is collected, or for any purpose you subsequently authorize.  Your provision of Personal Information allows Culinary Science to administer certain services offered in connection with the Website in which you choose to participate including the fulfillment of requests made by you concerning Culinary Science products, Website membership, or general inquiries, and enables Culinary Science to provide you with access to certain features of the Website maintained exclusively for Website Members and not the general public.  The collection of Personal Information also allows Culinary Science to communicate with you regarding the provision of such programs and services, as well as other news concerning the Website, Culinary Science, and products or services that may be of interest to you.  Culinary Science may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you.

Personal Information provided by you to Culinary Science may be stored and maintained by Culinary Science for as long as is reasonable necessary to fulfill your request or effectuate the service in which you elected to participate and for a reasonable time thereafter.  Culinary Science will process this information in a manner which is consistent with the purposes for which it has been collected or subsequently authorized by you.  Culinary Science may share Personal Information with third parties to fulfill your request, to comply with our obligations under any applicable laws or regulations, or to provide other information that may be of interest to you.  In addition, Culinary Science may share information with trusted third party service providers to help us fulfill your request, facilitate the processing of orders, perform statistical analysis, send you email or postal mail, contact you by phone or fax, respond to requests made by you, or to provide other services to Culinary Science or Website users.  Such third parties have access to the Personal Information required to perform the desired function and are prohibited from using such information for other purposes.
Culinary Science may disclose any information collected, including Personal Information, to the extent Culinary Science reasonably believes that such disclosure is desirable to comply with the law, such as in response to any subpoena, to enforce our Terms of Use, to the extent reasonably necessary to establish or defend a legal claim, and for other purposes permitted by applicable law.  Additionally, any such information may be transferred to a third party in the event of a sale, acquisition, merger or bankruptcy involving Culinary Science or any subsidiary or section thereof.

While Culinary Science engages in technological efforts to maintain the security of your data, you should not assume that Culinary Science is able to safeguard your Personal Information at all times and in all circumstances.  If you do not wish Culinary Science to use your information in accordance with this policy, please do not access or use the Website or submit any Personal Information to Culinary Science via the Website or otherwise.

UPDATE AND OPT-OUT
By sharing your fax or email information with Culinary Science, you consent to our delivery of electronic transmissions (e.g., emails, faxes) to you from time to time.  If you would like to update any of your information, or if you do not want to receive information from Culinary Science, please visit your account page or contact us at:  customerservice@culinaryscience.com with the phrase “Opt-Out Notice” in the subject line. customerservice@culinaryscience.com

Culinary Science will take reasonable efforts to honor any request you make to forgo contacts with you in the future or delete your information.  Please note that if you make an opt-out request, Culinary Science will retain your contact information for reference in an effort to ensure that you are not contacted in the future.

To the extent required by the CAN-SPAM Act, or other similar domestic and international regulation, commercial e-mail messages sent by Culinary Science will also provide you with an opportunity to opt-out of receiving this information.  Please note that changes to your preferences may not be effective immediately and will only be effective prospectively.

DATA COLLECTION TECHNOLOGIES
Cookies (or browser cookies)
Cookies are small packets of information that are stored by your web browser.  They are put on your web browser by the websites that you visit.  These packets of information do not contain PII about you, but they do allow us to know if you visit the same website twice or if you visit related websites.

European Union – Cookie Policy
The laws in many European Union countries require you to provide a form of consent before cookies are placed on your web browser unless the cookie is necessary for the website to work.  There is no agreed standard for how companies comply with these laws.  We do the following:

  • We only use cookies where they are necessary for our services or where you have provided your express or implied consent.
  • We respect your wishes, and you can inspect, delete, or block any cookies used by us by selecting the appropriate control in your web browser.
  • We support technologies that have been developed and are being developed for your web browser that allows you to be more selective about the cookies that your web browser will accept.

Culinary Science’s Use of Cookies
Culinary Science uses cookies to identify you and your interest and to track your use on the Website.  We also use cookies to control access to certain content on our Website and to process any requests that you make with us.

To administer our website and for research purpose, Culinary Science has also contracted with third parties to track and analyze anonymous usage and volume statistical information from our visitors and members.  Such information is shared externally only on an anonymous, aggregated basis.  These third parties use persistent cookies to help us to improve the visitor experience, manage our site content, and track visitor behavior.

Other Technologies
Certain web pages on our Website, and our emails may contain small electronic files known as web beacons that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

LINKS TO THIRD-PARTY SITES 
Culinary Science may provide links to third-party websites or information as a service to our users. If you use these links, you will leave this Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Culinary Science of the third party, the third party website, or the information contained therein, and Culinary Science shall not be responsible or liable for your use thereof. Such use shall be subject to the terms of use and privacy policies applicable to those websites.

ACCESS, CHANGE, AND/OR DELETE INFORMATION 
You may access, correct, update, and/or delete any PII information that you submit to the Website. You may also unsubscribe from mailing lists or any registrations on the Website. To do so, please either follow instructions on the page of the Website on which you have provided such information, subscribed or registered or contact us at the address provide at the bottom of this Privacy Policy.

CHILDREN
While the Website is not directed to individuals under the age of 13 (“Children”), nor does it contain information which would be potentially harmful to minors in any way, Culinary Science is committed to the protection of the online privacy of Children as well as parental control over information collected from Children online.

It is our policy never to knowingly collect or maintain information about any person under the age of 13 and visitors to the Website under the age of 13 should not disclose or provide any Personally Identifiable Information.

In the event that Culinary Science discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child’s Personally Identifiable Information in accordance with the Children’s Online Privacy Protection Act of 1998.  Please see the Federal Trade Commission’s website for this act:
http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information.

Parents or guardians who are concerned about information possibly submitted to Culinary Science by their Children should contact customerservice@culinaryscience.comand someone will promptly assist in identifying and removing any such data.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors.  More information on the availability of such software can be found through publicly available sources.  You may wish to contact your Internet Service Provider for more information.

TERRITORIALITY
Our computer systems are currently based in the United States and the content of our Website is directed to U.S. residents. Your personal data will be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world, such as in Canada and the European Union.  BY VISITING THE WEBSITE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY PERSONAL AND NON-PERSONAL INFORMATION COLLECTED OR OBTAINED BY APP THROUGH VOLUNTARY SUBMISSIONS, AND THAT UNITED STATES LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

DATA SECURITY
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  We will use commercially reasonable efforts to safeguard the information that you submit to us.

The safety and security of your information also depends on you.  Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential.  We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website.  Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy setting or security measures contained on the Website.

REVISIONS TO PRIVACY POLICY
The Internet and the benefits it offers are evolving rapidly, as are the ways in which people use the Internet and the laws surrounding such use.  Culinary Science therefore reserves the right to update and revise this Privacy Policy at any time.  You can determine if this Privacy Policy has been revised since your last visit by referring to the “Effective Date of Current Policy” date at the top of this page.  Your use of our Website on or after the Effective Date constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.

CALIFORNIA RESIDENTS PRIVACY POLICY
Beginning on January 1, 2005, California Civil Code Section 1798.83, also known as S.B. 27, or the “Shine the Light” law, allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties for their own direct marketing purposes.

To make such a request, please contact us at:  customerservice@culinaryscience.com with the phrase “Request for California Privacy” in the subject line.  You must include sufficient detail for us to locate your information and contact you.  Please include, at a minimum, your name, email and postal address.

We will attempt to provide you with the requested information within thirty (30) days of receipt.  We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice.  Please note that the California Shine the Light law does not cover all information sharing.  Our disclosure only includes information covered by the law.

CONTACT INFORMATION
If you have any questions about this Privacy Policy or if you require any assistance in navigating or reading the materials on this Website, please contact us at:
Culinary Sciences, LLC
7514 Westhaven Drive
Rowlette, Texas 75089
customerservice@culinaryscience.com

 

Terms of Use

Effective Date: May 10, 2016

YOU MUST READ AND AGREE TO THIS MANDATORY TERMS OF USE AGREEMENT BEFORE USING THIS WEBSITE. 

The following Terms of Use (“Terms”) between you (“you” or “your”) and Culinary Sciences, LLC (hereinafter "Culinary Science," “we,” “our,” or “us”) describes the terms and conditions on which you may access and use the Culinary Science website located at culinary-science.com (the “Site”) and website-related services (collectively, the "Website") subject to your compliance with the Mandatory Terms of Use set forth in this agreement (the "Agreement"). This Agreement, and the terms and conditions listed in the Privacy Policy, govern the relationship between Culinary Science and you, the Visitor, with respect to your use of the Website.

PLEASE READ THESE TERMS CAREFULLY.  THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES.  BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY.  IF YOU DO NOT AGREE TO THESE MANDATORY TERMS OF USE, YOU MUST NOT USE THE WEBSITE.

Culinary Science may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.

Further, Culinary Science reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. You agree that Culinary Science shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials (as defined below).

If you have any questions about this Agreement, please contact us at customerservice@culinary-science.com.

SITES COVERED
This Agreement applies only to the Culinary Science Website located within the culinary-science.com domain.

LICENSE TO USE WEBSITE
Culinary Science hereby grants you a limited, non-exclusive license to access the Website subject to and in accordance with the terms of this Agreement. The Mandatory Terms of Use impact your legal rights and responsibilities and should be read carefully. Any violation of the terms or conditions of this Agreement is grounds for immediate termination of this limited license. If you do not agree to these Mandatory Terms of Use, discontinue your use of this website immediately.

IMPORTANT NOTICES/DISCLAIMER
Culinary Science makes available the information and materials on the Website (the "Materials") for general informational purposes only.

The Materials, including but not limited to summaries, descriptions, publications and any other such materials appearing on the Website, are not intended to constitute, and DO NOT constitute, financial, investment or business advice. Those accessing the Materials should not act upon them without first seeking legal, financial or other such business counsel, as these Materials are general in nature, and may not apply to particular factual or legal circumstances. As such, the Materials should not be used as a substitute for consultation with a professional adviser. Please consult a professional adviser should you have questions regarding legal, financial or other such business counsel. Neither Culinary Science, nor its members, affiliates, employees, agents, officers or directors will be responsible for any financial, legal or business decisions you may make.

Please send all information pertaining to your business or issues facing it directly to your advisor. Do not send or submit any confidential or client related information to the Website, through any links or other communication tools contained thereon. Such links or other communication tools are meant for general information inquiries only.

Any price quotation, service information, employment benefits information or any other such information regarding the provision and fees for any service offered by Culinary Science or the benefits of employment by Culinary Science are provided purely for informational and illustrative purposes. Culinary Science does not guarantee, and makes no warranty, promise, or agreement that any depicted or described service or benefit is actually offered or comports with its description on the Website. Culinary Science reserves the right to cease offering any such services or benefits to prospective or current employees or clients at any time, in all cases without notice or liability.

This Web site may contain typographical errors or inaccuracies, and may not be complete or current. Culinary Science therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

AVAILABILITY OF SERVICE
While Culinary Science makes reasonable efforts to ensure that the Website is available at all times, Culinary Science does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and Culinary Science does not guarantee that users will be able to access or use all or any of the Website features at all times.

Culinary Science may change, suspend or discontinue any (or all) aspects of the Website at any time, including the availability of any Website feature. Culinary Science may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability.

RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. In addition, your use of the Website is conditioned on your compliance with the following rules of conduct as well as all other terms of the Agreement. You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any employment applicant, Culinary Science employee, agent, or representative; or expressing or implying that Culinary Science endorses any statement you make.

You also may not modify, adapt, translate, reverse engineer decompile or disassemble any portion of the Website or the Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited. Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about Culinary Science employees or other individuals identified on the Website, without their express written consent.

You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, including Culinary Science’s or any other party’s intellectual property thereon, without our prior express written authorization.

To the extent that you may access or download any software that is made available through Culinary Science from the Website ("Software"), such Software is the copyrighted work of Culinary Science and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. You may not install or use any Software that is accompanied by or includes such an end user license agreement unless you first agree to the terms of such agreement. Any warranty applicable to the Software will be specified in the terms of the License Agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult with Culinary Science before accessing any programs.

UPDATES 
We may update the Culinary Science content without notice to you.  If you have any questions about the existence of more current information, please send those questions to customerservice@culinary-science.com.  We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner.  However, we cannot guarantee a prompt response in all cases.

LINKS TO OTHER WEBSITES
The Website may contain links to other sites ("Third Party Websites"), products, services or other materials or content (“Third Party Content”). These links are provided solely for the convenience of our users, and Culinary Science is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Culinary Science, and Culinary Science has no control over the Third Party Content.  In addition, a link to a Third Party Website does not imply that Culinary Science endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.  Once you access a Third Party Website through a link on the Website, you are no longer covered by the Privacy Policy or Terms of Use of the Website. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. Culinary Science bears no responsibility for any action associated with any Third Party Website.

INDEMNIFICATION
By using the Services, you agree to defend, indemnify and hold harmless Culinary Science, its members, affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:

  • Your activities in connection with the Website;
  • Any violation of this Agreement by you;
  • Any improper or unauthorized use of the Materials by you; and
  • Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of software or information which appears on the Website.

CONTENT SUBMITTED OR MADE AVAILABLE TO CULINARY SCIENCE
By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto ("Submissions") to Culinary Science, through feedback, email message, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) you hereby grant to Culinary Science a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit the Submissions and your name, image, voice, likeness and/or other biographical information or material in connection with the Submission, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity; (c) you waive any right to inspect or approve any Submission and any use of the Submission; (d) you further represent and warrant that the Submission and your communication thereof conform to these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Culinary Science to exploit, the Submission in all manners contemplated by these Terms; (e) you waive all moral rights in the Submission which may be available to you in any part of the world and confirm that no such rights have been asserted.  None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submission.

Further, Culinary Science may access and use the Website and any information stored thereon, including the contents of any Submissions, for any lawful purpose. Further, we may disclose the contents of any Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.

CULINARY SCIENCE’S INTELLECTUAL PROPERTY RIGHTS
The Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of the Website for your personal, non-commercial use, but you may not copy any part of the Website for any other purpose without the express written consent of Culinary Science, and you may not modify any part of the Website for any reason. Inclusion of any part of the Website in another work, whether in printed, electronic or other form, or inclusion of any part of the Website in another website by linking, framing, in-line linking, or otherwise, is strictly prohibited without agreeing to Culinary Science’s Terms of Use.

The trademarks, service marks, logos and any designs used or displayed on the Website specific to Culinary Science are trademarks and/or service marks owned by Culinary Science. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of Culinary Science is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.

The website may also contain samples of Culinary Science’s programs for informational purposes. These programs cannot be used for any commercial purpose. Moreover, certain technology and programs may be subject to intellectual property rights, and any unauthorized use is strictly prohibited.

Culinary Science can be reached by directing communications to: customerservice@culinary-science.com

NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT 
If you believe any Culinary Science’s Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting Culinary Science’s copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of the authorized version of the work;
  • Identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material;
  • Your name, address, telephone number and e-mail address;
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Culinary Science’s agent for copyright issues relating to the Services is as follows:
Name
Physical Address
Email Address
Telephone Number

POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that Culinary Science discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.

Please see the Federal Trade Commission's website for this act: http://www.ftc.gov/privacy/privacyinitiatives/childrens.html for more information. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

ACCESSIBILITY 
Culinary Science is committed to providing access to electronic information for the disability community in compliance with the Americans with Disability Act (“ADA”) throughout the Website.  Culinary Science’s accessibility website provides detailed information.

ENFORCEMENT OF THE AGREEMENT
Culinary Science may investigate any reported, alleged or suspected violation of this Agreement, and take any action that Culinary Science, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL CULINARY SCIENCE, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE. CULINARY SCIENCE DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. ADDITIONALLY, CULINARY SCIENCE DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY CULINARYSCIENCE TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. FURTHER, NEITHER CULINARY SCIENCE, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE AND ANY SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.

Without limiting the foregoing, everything on the Website is provided to you "AS IS" and CULINARY SCIENCE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE.

DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER 
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding).  Please read it carefully.  You may opt out of the arbitration agreement by following the opt out procedure described below.

Informal Process First
You agree that in the event of any dispute between you and Culinary Science, you will first contact Culinary Science and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation to any court action.

Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Culinary Science’s Services and/or Products, or relating in any way to Culinary Science’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Culinary Science. However, this arbitration agreement does not (a) govern any Claim by Crowe Culinary Science for infringement of its intellectual property or access to the Services that (including the Site) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access this Site or App or the date you receive any Services by following the procedure described below.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Culinary Science are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Culinary Sciences, LLC, 7514 Westhaven Drive, Rowlette, Texas 75089 USA. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. New York law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $5,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to the Class Action Waiver section below.
If you do not want to arbitrate disputes with Culinary Science and you are an individual, you may opt out of this arbitration agreement by sending an email to customerservice@culinary-science.com  within thirty (30) days of the first of the date you access the Site or App or the date you receive any Services.

Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Culinary Science each waive any right to a jury trial.

SEVERABILITY AND WAIVER
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.  The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement. If you object to anything in the Privacy Policy, please do not use our services or contact us directly to determine whether a special exemption or modification may be warranted.

CHOICE OF LAW AND JURISDICTION
These Terms are governed and interpreted pursuant to the laws of the State of Texas, notwithstanding any principles of conflicts of law.  Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Texas, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.

ENTIRE AGREEMENT 
These Terms are the entire agreement between you and Culinary Science relating to the subject matter herein and shall not be modified except by Culinary Science in accordance with these Terms, or as otherwise agreed in writing by you and Culinary Science.  No employee, agent, or other representative of Culinary Science has any authority to bind Culinary Science with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.

ASSIGNMENT
You may not assign or transfer these Terms or any of your rights or obligations under these Terms.  Culinary Science may assign these Terms at any time without notice to you.

FORCE MAJEURE 
Culinary Science will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or event beyond Culinary Science’s reasonable control.