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Terms of Service

The CookandConnect.com web site (referred to herein as the “Site”) and service (collectively, the “Service”) are owned and operated by Cook and Connect, Inc., a Colorado corporation (referred to herein as CookandConnect and with words such as “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below, the terms and conditions of our privacy policy and any other legal notices published by us on the Service. If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including those who are simply viewing wp-content as well as registered users of CookandConnect.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified on September 25, 2017.

Description of Service

CookandConnect helps people share their culinary knowledge and skills with people who want to learn and try new dishes. It connects home or commercial chefs with those who want to learn about and experience new cuisine. A Cooking Coach (also referred to as host or teacher) offers cooking classes at which the prepared meal will be served and enjoyed together by the Coach and the Guests (also referred to as students).

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

  1. You must be at least 18 years old to use the Service.
  2. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
  3. To register as a user of the site, you must provide your true identity and contact information. Registrations that we deem as false in our sole discretion will be removed.
  4. You are responsible for maintaining the security of your account and password. CookandConnect will not be liable for any loss or damage from your failure to comply with this security obligation.

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

Rules for All Users

When you register on the Site, you agree to the following rules:

  1. You will use the Service and participate in cooking classes only for lawful purposes and agree to not use the Service or participate in cooking classes in any way that will infringe upon the use or rights of any other user.
  2. Your use of the Service is subject to all applicable laws and regulations.
  3. You are solely responsible for your communications through the Service.
  4. You agree that you will not use any information or acquaintance gained through CookandConnect or the use of its Service to engage in unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  5. You agree that you will not share or use any personally identifiable information learned through the Service, such as name, address, email address, or phone number, except for the purposes of coordinating or participating in a cooking class listed on the Service, except as expressly permitted by the person whose information it is.
  6. You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, communicates explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
  7. You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
  8. You will not partake in any behavior that is loud and disruptive, physically intimidating, bullying, malicious, or that displays unwanted sexual attention toward another.
  9. You will avoid using profane, vulgar, or obscene language or behavior, as others may find it offensive.
  10. You will not impersonate any person or entity, including any Coach or Guest and our employees or representatives.
  11. You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service.

Specific Rules for Coaches

When you offer a class on the Site, you agree to the following rules:

  1. You will honor any enrollments through CookandConnect.com at the price and time listed, and not refuse enrollments or participation by any Guest for any discriminatory or other illegal reason.
  2. Any wp-content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
  3. You represent and warrant to CookandConnect that you are qualified to teach the classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
  4. You will endeavor, to the best of your ability, to provide fresh, safe ingredients, cooked such that they are wholesome and safe to eat.
  5. You assume full responsibility for the wp-content of any cooking classes and food that you offer.
  6. You understand that, if you teach a class, your Guests may have the ability to post a review of this class. We cannot control the wp-contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
  7. CookandConnect reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.

Specific Rules for Guests

When you enroll in a class on the Site, you agree to the following rules:

  1. You will accept all of the terms and conditions including the cancellation policy listed in the Service when you enroll in a class on the Site.
  2. You will follow all reasonable rules set by a Coach with respect to a class.
  3. If you register Guests in addition to yourself, you will ensure that they are aware of these Terms of Service and you will be responsible for their behavior.
  4. The class wp-content is for your information and personal use only.
  5. You will not copy any recipes or methods for purposes of your own or others’ classes.
  6. You will not interfere with the Coach or any other Guests in the class, disparage the Coach, or attempt to influence the Coach’s relationship with any other Guests.
  7. CookandConnect reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.

Copyright and Licenses

The wp-contents of the Service are protected by copyright and trademark laws. The owner of the copyrights and trademarks is Cook and Connect, Inc. You may not copy, reproduce, republish, upload, post, transmit, or distribute the material on the service, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any wp-content or data on or related to the Service in a manner not authorized by CookandConnect in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by CookandConnect in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of CookandConnect without express written consent. You may not use meta tags or any other “hidden text” utilizing the CookandConnect name or trademarks without the express written consent of CookandConnect.

Personally Identifiable Information

When a Guest registers for a class on the Site, we will share the Guest’s name and contact information with the Coach for the purpose of coordinating the class. Likewise, we will share the Coach’s name, contact information, and address with registered Guests for the purpose of communicating and attending the class. By offering or enrolling in a class on CookandConnect, a Coach or Guest grants to us permission to share that information. Users are required to respect the privacy of all other Users. Coaches and Guests may use this information only for class-related communications with the Guests or Coach, respectively, or with CookandConnect. The information may not be used for any other purpose, such as sending unsolicited commercial messages or unauthorized transactions.

Teaching or Participating in a Class

Your teaching or participation in a class is at your sole risk. CookandConnect does not supervise classes and is not involved in any way with the actions of Guests or Coaches at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes, and we request that our users exercise caution and good judgment when participating in classes. You acknowledge and agree that by participating in any class (whether as a Guest or Coach) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class.

These Terms of Service are in addition to any conditions and policies established by the Coach for a class as well as any agreements, releases or other documents (collectively the “Class Agreements”) that a Coach and Guest may enter into in connection with a class, including any Class Agreements entered into through the Service. Guests and Coaches are each responsible to the other for complying with the terms of the Class Agreements, but CookandConnect has no control over either party’s compliance. Among other things, CookandConnect cannot control (a) the provisions of the Class Agreements, (b) the accuracy or legality of the Class Agreements or (c) any party’s performance of its obligations under the Class Agreements. Accordingly, CookandConnect shall not be held responsible for any liability arising out of the Class Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user.

To the fullest extent permitted by law, you hereby release CookandConnect and its officers, directors, employees, agents, affiliates and their respective successors and assigns from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to any dispute relating to your participation in any event, whether as a Guest or Coach, or any transaction or attempted transaction with another user of the service (whether a Guest or Coach). You understand and agree that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators and assigns.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Fees

Registration as a user of the Site is free of charge. Listing of classes as a Coach is free of charge. Guests pay a fee, determined by the Coach, when registering for a cooking class. A 15% service charge will be charged on Cooking Coaches class fees. We reserve the right, at any time, to change any fees or charges. Such changes will be posted on CookandConnect and shown when listing a class. Such changes will not apply to classes listed before the time of the change.

Coach Payments

  1. CookandConnect collects all fees and pays all Coaches through third-party providers. Each provider is its own company, and CookandConnect is not responsible for its performance.
  2. Coaches have 30 days from the time at which a payment was or should have been made to report any problems.
  3. CookandConnect reserves the right to withhold or cancel payments to Coaches if it deems, in its sole judgement and absolute discretion, that the Coach engaged in behavior that violated any part of these Terms of Service.
  4. Coaches are responsible for all income, sales, and other taxes associated with the fees they earn.

Third-Party Settlement Organization

For tax purposes, CookandConnect is a third-party settlement organization (TPSO). This means that it settles payments between Coaches and Guests as a third party. CookandConnect:

  1. establishes accounts by a significant number of unrelated parties,
  2. has an agreement with users to settle payment transactions,
  3. has established standards and mechanisms for settling the transactions, and
  4. provides assurance that Coaches will be paid according to those standards.

As a TPSO, CookandConnect does not submit IRS form 1099-MISC to report Coaches’ earnings. However, CookandConnect is required to file form 1099-K to report payments to a Coach that exceed both 200 transactions and gross proceeds (before CookandConnect fees) of $20,000 during a tax year. In order to fulfill this requirement, CookandConnect may require Coaches with over $15,000 in gross revenue in a year to provide a form W-9, with their name, address, and tax ID (usually social security number). Further payments to Coaches who do not provide the W-9 may be withheld.

Cancellations and Refunds

The cancellation policy established by the Cooking Coach is shown on the class listing page. A cancellation period is specified for each class. This is a period immediately before the class begins, during which cancelled registrations can not be refunded. Registrations can be cancelled if done before the beginning of the cancellation period. After the beginning of the cancellation period, no refund will be made. This is to ensure that Coaches do not suffer lost time and money in purchasing ingredients and preparing for Guests who cancel. You may cancel your account. If you do not receive a prompt email confirming your cancellation, please also contact the Coach to let the host know and offer your regrets. If you follow the cancellation policy and there is no dispute, your account will be refunded your cost less 8% charge, including both PayPal transaction fees.

If a listed cooking class is canceled by the Coach at any time, registered Guests will receive a full refund.

CookandConnect Rights

CookandConnect reserves these rights:

  • We may make changes to the Service without notice or liability.
  • We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
  • We may remove a Coach at any time, without prior notice, at our sole discretion, should we determine that they are engaging in behavior that we deem to be in violation of our rules or guidelines.
  • We have the right to reject, cancel, or remove any class or posted comment or Cooking Tip at any time and for any reason.

CookandConnect is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service will be effective, accurate or reliable, or (d) the quality of any class that you attend via the Service, or any other products, Services, or information purchased or obtained by you from the Service will meet your expectations or be free from mistakes, errors or defects.

The Service could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the Service and any of the wp-content or features included therein, including the prices and access rules for any functionality, at any time without notice. The wp-content included on the Service may be out of date, and we make no commitment to update such wp-content.

The use of the Service or the downloading or other acquisition of any materials through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.

Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) Guests and Coaches. You acknowledge that all transactions relating to any class or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. We make no warranty regarding any transactions executed through, or in connection with the Service, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any class, products, services, materials, or information available on or through the Service from a third party is provided solely by such third party, and not by us or any of our affiliates.

We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized CookandConnect spokesperson speaking in his/her official capacity.

The Classes offered on CookandConnect are offered directly by the Coaches. CookandConnect is not responsible or liable for any information on its Service listings or profiles. CookandConnect is not responsible for any changes made to a class by the Coach.

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Limitation of Liability

In no event shall we or any affiliate be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Service or of any web site referenced or linked to from the Service.

Further, we shall not be liable in any way for any class or other third party goods and services offered through the Service or for assistance in conducting commercial transactions with other users of the site, including without limitation any transaction between a Guest and Coach.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or Privacy Policy, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in Colorado and shall not give rise to personal jurisdiction over CookandConnect, either specific or general, in jurisdictions other than CookandConnect. These Terms of Service, together with the Privacy Policy, shall all be governed and construed in accordance with the internal laws of the State of Colorado, without regard to conflicts of law principles. You agree that any legal action or proceeding between CookandConnect and you for any purpose concerning these Terms of Service, the Privacy Policy, or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Colorado.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You and CookandConnect agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and CookandConnect are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and CookandConnect concerning the Service and the services provided by CookandConnect. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. CookandConnect’s failure to insist upon or enforce strict performance of any provision of these Terms of Service or Privacy Policy shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. CookandConnect may assign its rights and duties under these Terms of Service or to any party at any time without notice to you.

Most communication between CookandConnect and you will be sent and received electronically. You agree that all electronic communication between CookandConnect and you shall satisfy any legal requirements that such communications be in writing.

Any rights of CookandConnect not expressly granted herein are reserved.