Terms Of Use
Terms of Service
Last updated: March 19, 2024
BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS APPLY TO THESE TERMS, AS SET FORTH BELOW.
1. Welcome!
Welcome to OnlineCulinaryMasters! By accessing or viewing the OnlineCulinaryMasters website (the “Website”) or downloading, accessing, or otherwise using the OnlineCulinaryMasters software extension (collectively, the “Services”), you acknowledge that you understand and agree to these Terms of Service (“Terms”).
By agreeing to these Terms, you also represent and warrant that you are at least 18 years of age or visiting the Website under the supervision of a parent or guardian. Our Services are not intended for those under the age of 18.
These Terms form a binding legal agreement between you (sometimes referred to as a “User”) and OnlineCulinaryMasters and its officers, directors, agents, employees, representatives, internal operating units, affiliates, parents, subsidiaries, sublicensees, successors and assigns, and independent contractors (“OnlineCulinaryMasters”). If you do not agree to the Terms, do not use the Website or the Services.
2. Changes to the Terms and Services.
OnlineCulinaryMasters may modify, add, or delete portions of these Terms at any time. Your use of the Services and Website after changes have been posted on the Website means you agree to the changes.
OnlineCulinaryMasters may also change the Services at any time. For example, we may add, modify, or remove features, update the functionality of the Services, or modify how our Services are provided. Any future release, update, or other addition to the Services shall be subject to these Terms, unless and until an updated set of Terms is posted. We may also suspend or terminate the Services for any reason, without notice, at any time.
3. General Information.
When you access the Website, you agree to comply with the Terms. You also agree to comply with all other Website policies or requirements. In addition, you shall abide by all laws, rules, and regulations when registering for, accessing, or using the Services. You may not engage in unfair, malicious, or fraudulent behavior or any conduct that is harmful or harassing.
If you violate the security of the Services, you may face criminal and/or civil liability. We may investigate incidents involving such violations and we will cooperate with law enforcement if we suspect a criminal violation has occurred.
However, we have no obligation to monitor your access to, or use of, the Services for violations of the Terms. We also have no obligation to review any content you submit to us. That said, we have the right to monitor access and use of the Services and any content you submit for the purpose of operating and improving the Services to ensure your compliance with the Terms, and to comply with the law or any requirement of any governmental, investigatory, or administrative body.
4. Sharing of Materials with Us.
Do not send OnlineCulinaryMasters any confidential, proprietary, or trade secret information unless we request it specifically. If you do send us any documents or creative works including, without limitation, idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material, you grant OnlineCulinaryMasters an unrestricted, royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to copy, use, reproduce, adapt, modify, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the material in any media now known or invented thereafter, including for commercial purposes.
5. Proprietary Rights.
The Website contains protectible content that is subject to copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights (“Protected Content”). You agree that these rights are protected in all forms, including in media and technologies existing now and developed in the future. You agree not to modify, publish, or exploit the Protected Content.
6. Privacy Policy.
When you visit the Website, cookies and monitoring technologies enable us to enhance your User experience. The collection and usage of your personal information is detailed in our Privacy Policy, which you should review before using the Website or using our Services. The Privacy Policy is incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use of this information.
7. Third-Party Links and Privacy Policies.
The Website and Services may contain links to third-party websites, offers, or other events and promotions that are not owned or controlled by OnlineCulinaryMasters (“Linked Sites”). OnlineCulinaryMasters does not endorse, sponsor, control, recommend, or other otherwise accept responsibility for the content of Linked Sites, nor do we make any express or implied warranties or representations about the content, or the currency, accuracy, or completeness of content, on any Linked Sites or the actions of third-parties. By following a link to a third-party website, be advised that the third-party website will be governed by different terms of use and a different privacy policy from that provided by OnlineCulinaryMasters. Be sure to read and agree to those terms and policies. Your access of the Linked Sites is at your own risk.
8. The Services
When you use the Services, including any software, you agree that OnlineCulinaryMasters may send you third-party content. We do not promote or endorse third-party content, and we are not affiliated with it. To stop receiving such third-party content, you must uninstall the software for the Services.
9. Uninstalling Services.
You can uninstall the software for the Services at any time. To do so, visit the Website’s “Uninstall Page” and follow the directions. If you have any question about this process, reach out to us by email at .
10. Claims of Infringement.
Do not hesitate to reach out if you believe anything on our Website or Services infringes on your intellectual property or proprietary rights. To contact us, please email us at .
11. Indemnification.
In agreeing to the Terms, you also agree to defend, indemnify, and hold harmless OnlineCulinaryMasters from and against any losses, claims, damages, costs, fines, penalties, settlements, or other liabilities, including reasonable attorneys fees and legal expenses, resulting from (i) use of the Services or and access to the Services; (ii) any violation of these Terms; and (iii) violation of any law, rule, or regulation related to the Website or the Services, as well as your violation of any third-party right, including but not limited to any copyright, trademark, trade secret or privacy right.
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ONLINECULINARYMASTERS DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTY REGARDING THE PRODUCTS, INFORMATION, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE; (2) ANY IMPLIED WARRANTIES OF MERCHANTABILITY; (3) ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; AND (4) ANY WARRANTIES RELATING TO PRIVACY OR NON-INFRINGEMENT.
IN ADDITION, ONLINECULINARYMASTERS DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SERVICES PLATFORM, OR THAT WE WILL ENFORCE THE TERMS AGAINST OTHERS TO YOUR SATISFACTION.
IF ONLINECULINARYMASTERS MAKES ANY EFFORTS TO MODIFY THE SERVICES, DOING SO SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS.
UNDER APPLICABLE LAW, SOME OF THE ABOVE EXCLUSIONS MAY BE DEEMED UNENFORCEABLE, BUT ONLINECULINARYMASTERS DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
13. LIMITATION OF LIABILITY.
ONLINECULINARYMASTERS IS NOT ABLE TO YOU (OR ANY THIRD-PARTY) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT, ANY BREACH OF SECURITY, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING ANY LOSS OF REVENUE OR PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ONLINECULINARYMASTERS NEGLIGENCE OR GROSS NEGLIGENCE.
ONLINECULINARYMASTERS AGGREGATE LIABILITY ARISING OUT OR IN ANY WAY RELATING TO, THE TERMS, WEBSITE, OR SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS. ANY ADDITIONAL DISCLAIMERS CONTAINED WITHIN THE SERVICES ARE INCORPORATED INTO THESE TERMS BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON USE OF THE SERVICES OR THE MATERIAL CONTAINED IN THEM, THE GREATER RESTRICTIONS SHALL APPLY.
SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS. IN THOSE PLACES, THIS SECTION MAY NOT APPLY. IN PLACES WHERE LIMITATIONS OF LIABILITY APPLY, ONLINECULINARYMASTERS LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT LEGALLY PERMITTED.
14. Arbitration and Class Action Waiver.
IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS, SUCH AS YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and OnlineCulinaryMasters agree that these Terms affect interstate commerce. This means that you agree that the Federal Arbitration Act governs the interpretation and enforcement of arbitration provisions such as the provision below. All provisions in the Terms regarding arbitration are intended to be interpreted broadly and will apply to any and all disputes between us. For example, the FAA will apply to any and all claims arising out of or relating in any way to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, as well as claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through any application or the Website; and claims that may arise after the termination of these Terms. Certain disputes may be excluded from this broad prohibition, such as certain intellectual property and small claims, detailed below.
By agreeing to these Terms, you agree to resolve any and all disputes with OnlineCulinaryMasters in the following manner:
Negotiation: Many disputes are resolved without litigation, and by agreeing to these Terms you agree to reach out to us to resolve any dispute at and to give us 30 days to respond to any dispute before attempting to file a lawsuit or initiate any other type of dispute resolution. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with OnlineCulinaryMasters.
Arbitration: If we do not reach an agreed-upon solution within a period of 60 days from the time you notify us of a dispute under the provision above, then you may initiate binding arbitration. Binding arbitration shall be the sole means to resolve claims, subject to the terms set forth below. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.
To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (examples are found at www.jamsadr.com ); (b) send three copies of the Demand, plus the appropriate filing fee, to JAMS, 620 Eighth Ave, NY Times Building 34th Floor New York, NY 10018 USA; and (c) email a copy of the Demand for Arbitration to us at with DEMAND FOR ARBITRATION in the subject line of the email.
You understand that without this mandatory arbitration provision you would have the right to sue in court and have a jury trial. In some instances, the costs of arbitration could be more expensive than the costs of litigation. In addition, the right to discovery in arbitration could be more narrow than in a court.
You agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER: YOU AND ONLINECULINARYMASTERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means you agree not to lodge any claim or proceeding as a class action or other representative action, and you expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
30-DAY RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO WITH THE SUBJECT LINE, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” THE NOTICE MUST BE SENT WITHIN 30 DAYS OF YOUR AGREEMENT TO THESE TERMS; OTHERWISE, YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE PARAGRAPHS. IF YOU OPT OUT OF THESE ARBITRATION PROVISIONS, ONLINECULINARYMASTERS ALSO WILL NOT BE BOUND BY THEM.
OnlineCulinaryMasters will provide 30 days notice of any material changes to this section by posting on the Services, sending you a message, or otherwise notifying you in a reasonable manner. Amendments will become effective 30 days after they are posted on the Services or sent to you.
Any changes will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services. This Arbitration and Class Action Waiver section shall survive any termination of the Services.
15. Governing Law.
California law applies to the interpretation of the Terms and the relationship between you and OnlineCulinaryMasters, without regard to California’s conflict of law provisions. Any claim or dispute either of us may have against the other that is not subject to arbitration must be resolved by a court located in Los Angeles County, California. We both agree to submit to the personal jurisdiction of the federal and state courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes that are not subject to arbitration.
16. Statute of Limitations.
Any cause of action arising out of or relating in any way to the Terms, the Website, or the Services must be initiated within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. While certain jurisdictions may not enforce a contractual limit on the statute of limitations, you agree that it is to be applied as broadly as possible.
17. Miscellaneous.
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services and the Website. These Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding any issue covered in the Terms. Certain sections of these Terms shall survive any termination of your Account or any aspect of the Services even if we cease offering Services. Our decision not to enforce any part of these Terms will not be considered a waiver. You may not amend these Terms. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, then that part shall be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. Instead, any invalid or unenforceable part or provision will be replaced by a valid and/or enforceable part that meets the intention of the parties as much as possible. All of OnlineCulinaryMasters rights and obligations under these Terms, including any license rights, are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law.
18. Reach out to Us With Questions.
Please direct any questions regarding these Terms to .
Last updated: March 19, 2024
BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS APPLY TO THESE TERMS, AS SET FORTH BELOW.
1. Welcome!
Welcome to OnlineCulinaryMasters! By accessing or viewing the OnlineCulinaryMasters website (the “Website”) or downloading, accessing, or otherwise using the OnlineCulinaryMasters software extension (collectively, the “Services”), you acknowledge that you understand and agree to these Terms of Service (“Terms”).
By agreeing to these Terms, you also represent and warrant that you are at least 18 years of age or visiting the Website under the supervision of a parent or guardian. Our Services are not intended for those under the age of 18.
These Terms form a binding legal agreement between you (sometimes referred to as a “User”) and OnlineCulinaryMasters and its officers, directors, agents, employees, representatives, internal operating units, affiliates, parents, subsidiaries, sublicensees, successors and assigns, and independent contractors (“OnlineCulinaryMasters”). If you do not agree to the Terms, do not use the Website or the Services.
2. Changes to the Terms and Services.
OnlineCulinaryMasters may modify, add, or delete portions of these Terms at any time. Your use of the Services and Website after changes have been posted on the Website means you agree to the changes.
OnlineCulinaryMasters may also change the Services at any time. For example, we may add, modify, or remove features, update the functionality of the Services, or modify how our Services are provided. Any future release, update, or other addition to the Services shall be subject to these Terms, unless and until an updated set of Terms is posted. We may also suspend or terminate the Services for any reason, without notice, at any time.
3. General Information.
When you access the Website, you agree to comply with the Terms. You also agree to comply with all other Website policies or requirements. In addition, you shall abide by all laws, rules, and regulations when registering for, accessing, or using the Services. You may not engage in unfair, malicious, or fraudulent behavior or any conduct that is harmful or harassing.
If you violate the security of the Services, you may face criminal and/or civil liability. We may investigate incidents involving such violations and we will cooperate with law enforcement if we suspect a criminal violation has occurred.
However, we have no obligation to monitor your access to, or use of, the Services for violations of the Terms. We also have no obligation to review any content you submit to us. That said, we have the right to monitor access and use of the Services and any content you submit for the purpose of operating and improving the Services to ensure your compliance with the Terms, and to comply with the law or any requirement of any governmental, investigatory, or administrative body.
4. Sharing of Materials with Us.
Do not send OnlineCulinaryMasters any confidential, proprietary, or trade secret information unless we request it specifically. If you do send us any documents or creative works including, without limitation, idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material, you grant OnlineCulinaryMasters an unrestricted, royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to copy, use, reproduce, adapt, modify, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the material in any media now known or invented thereafter, including for commercial purposes.
5. Proprietary Rights.
The Website contains protectible content that is subject to copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights (“Protected Content”). You agree that these rights are protected in all forms, including in media and technologies existing now and developed in the future. You agree not to modify, publish, or exploit the Protected Content.
6. Privacy Policy.
When you visit the Website, cookies and monitoring technologies enable us to enhance your User experience. The collection and usage of your personal information is detailed in our Privacy Policy, which you should review before using the Website or using our Services. The Privacy Policy is incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use of this information.
7. Third-Party Links and Privacy Policies.
The Website and Services may contain links to third-party websites, offers, or other events and promotions that are not owned or controlled by OnlineCulinaryMasters (“Linked Sites”). OnlineCulinaryMasters does not endorse, sponsor, control, recommend, or other otherwise accept responsibility for the content of Linked Sites, nor do we make any express or implied warranties or representations about the content, or the currency, accuracy, or completeness of content, on any Linked Sites or the actions of third-parties. By following a link to a third-party website, be advised that the third-party website will be governed by different terms of use and a different privacy policy from that provided by OnlineCulinaryMasters. Be sure to read and agree to those terms and policies. Your access of the Linked Sites is at your own risk.
8. The Services
When you use the Services, including any software, you agree that OnlineCulinaryMasters may send you third-party content. We do not promote or endorse third-party content, and we are not affiliated with it. To stop receiving such third-party content, you must uninstall the software for the Services.
9. Uninstalling Services.
You can uninstall the software for the Services at any time. To do so, visit the Website’s “Uninstall Page” and follow the directions. If you have any question about this process, reach out to us by email at .
10. Claims of Infringement.
Do not hesitate to reach out if you believe anything on our Website or Services infringes on your intellectual property or proprietary rights. To contact us, please email us at .
11. Indemnification.
In agreeing to the Terms, you also agree to defend, indemnify, and hold harmless OnlineCulinaryMasters from and against any losses, claims, damages, costs, fines, penalties, settlements, or other liabilities, including reasonable attorneys fees and legal expenses, resulting from (i) use of the Services or and access to the Services; (ii) any violation of these Terms; and (iii) violation of any law, rule, or regulation related to the Website or the Services, as well as your violation of any third-party right, including but not limited to any copyright, trademark, trade secret or privacy right.
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ONLINECULINARYMASTERS DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTY REGARDING THE PRODUCTS, INFORMATION, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE; (2) ANY IMPLIED WARRANTIES OF MERCHANTABILITY; (3) ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; AND (4) ANY WARRANTIES RELATING TO PRIVACY OR NON-INFRINGEMENT.
IN ADDITION, ONLINECULINARYMASTERS DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SERVICES PLATFORM, OR THAT WE WILL ENFORCE THE TERMS AGAINST OTHERS TO YOUR SATISFACTION.
IF ONLINECULINARYMASTERS MAKES ANY EFFORTS TO MODIFY THE SERVICES, DOING SO SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS.
UNDER APPLICABLE LAW, SOME OF THE ABOVE EXCLUSIONS MAY BE DEEMED UNENFORCEABLE, BUT ONLINECULINARYMASTERS DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
13. LIMITATION OF LIABILITY.
ONLINECULINARYMASTERS IS NOT ABLE TO YOU (OR ANY THIRD-PARTY) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT, ANY BREACH OF SECURITY, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING ANY LOSS OF REVENUE OR PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ONLINECULINARYMASTERS NEGLIGENCE OR GROSS NEGLIGENCE.
ONLINECULINARYMASTERS AGGREGATE LIABILITY ARISING OUT OR IN ANY WAY RELATING TO, THE TERMS, WEBSITE, OR SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS. ANY ADDITIONAL DISCLAIMERS CONTAINED WITHIN THE SERVICES ARE INCORPORATED INTO THESE TERMS BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON USE OF THE SERVICES OR THE MATERIAL CONTAINED IN THEM, THE GREATER RESTRICTIONS SHALL APPLY.
SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS. IN THOSE PLACES, THIS SECTION MAY NOT APPLY. IN PLACES WHERE LIMITATIONS OF LIABILITY APPLY, ONLINECULINARYMASTERS LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT LEGALLY PERMITTED.
14. Arbitration and Class Action Waiver.
IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS, SUCH AS YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and OnlineCulinaryMasters agree that these Terms affect interstate commerce. This means that you agree that the Federal Arbitration Act governs the interpretation and enforcement of arbitration provisions such as the provision below. All provisions in the Terms regarding arbitration are intended to be interpreted broadly and will apply to any and all disputes between us. For example, the FAA will apply to any and all claims arising out of or relating in any way to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, as well as claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through any application or the Website; and claims that may arise after the termination of these Terms. Certain disputes may be excluded from this broad prohibition, such as certain intellectual property and small claims, detailed below.
By agreeing to these Terms, you agree to resolve any and all disputes with OnlineCulinaryMasters in the following manner:
Negotiation: Many disputes are resolved without litigation, and by agreeing to these Terms you agree to reach out to us to resolve any dispute at and to give us 30 days to respond to any dispute before attempting to file a lawsuit or initiate any other type of dispute resolution. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with OnlineCulinaryMasters.
Arbitration: If we do not reach an agreed-upon solution within a period of 60 days from the time you notify us of a dispute under the provision above, then you may initiate binding arbitration. Binding arbitration shall be the sole means to resolve claims, subject to the terms set forth below. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.
To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (examples are found at www.jamsadr.com ); (b) send three copies of the Demand, plus the appropriate filing fee, to JAMS, 620 Eighth Ave, NY Times Building 34th Floor New York, NY 10018 USA; and (c) email a copy of the Demand for Arbitration to us at with DEMAND FOR ARBITRATION in the subject line of the email.
You understand that without this mandatory arbitration provision you would have the right to sue in court and have a jury trial. In some instances, the costs of arbitration could be more expensive than the costs of litigation. In addition, the right to discovery in arbitration could be more narrow than in a court.
You agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER: YOU AND ONLINECULINARYMASTERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means you agree not to lodge any claim or proceeding as a class action or other representative action, and you expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
30-DAY RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO WITH THE SUBJECT LINE, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” THE NOTICE MUST BE SENT WITHIN 30 DAYS OF YOUR AGREEMENT TO THESE TERMS; OTHERWISE, YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE PARAGRAPHS. IF YOU OPT OUT OF THESE ARBITRATION PROVISIONS, ONLINECULINARYMASTERS ALSO WILL NOT BE BOUND BY THEM.
OnlineCulinaryMasters will provide 30 days notice of any material changes to this section by posting on the Services, sending you a message, or otherwise notifying you in a reasonable manner. Amendments will become effective 30 days after they are posted on the Services or sent to you.
Any changes will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services. This Arbitration and Class Action Waiver section shall survive any termination of the Services.
15. Governing Law.
California law applies to the interpretation of the Terms and the relationship between you and OnlineCulinaryMasters, without regard to California’s conflict of law provisions. Any claim or dispute either of us may have against the other that is not subject to arbitration must be resolved by a court located in Los Angeles County, California. We both agree to submit to the personal jurisdiction of the federal and state courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes that are not subject to arbitration.
16. Statute of Limitations.
Any cause of action arising out of or relating in any way to the Terms, the Website, or the Services must be initiated within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. While certain jurisdictions may not enforce a contractual limit on the statute of limitations, you agree that it is to be applied as broadly as possible.
17. Miscellaneous.
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services and the Website. These Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding any issue covered in the Terms. Certain sections of these Terms shall survive any termination of your Account or any aspect of the Services even if we cease offering Services. Our decision not to enforce any part of these Terms will not be considered a waiver. You may not amend these Terms. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, then that part shall be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. Instead, any invalid or unenforceable part or provision will be replaced by a valid and/or enforceable part that meets the intention of the parties as much as possible. All of OnlineCulinaryMasters rights and obligations under these Terms, including any license rights, are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law.
18. Reach out to Us With Questions.
Please direct any questions regarding these Terms to .