TERMS OF USE

CULINARY CONNOISSEUR WEBSITE TERMS OF USE.

PLEASE READ CAREFULLY BEFORE USING THIS SITE.

LAST UPDATED 22 MAY 2017.

 

Welcome to Culinary-Connoisseur.com (The “Site”).

Your access and use of the Site, is subject to the following terms and conditions and all applicable laws. By accessing the Site, and/or by using any information, tools and services (“Services”) available from this Site, you accept without limitation or qualification this Terms of Use Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Please read and review the following terms and conditions carefully.

Privacy

Your use of the Site is subject to Culinary Connoisseur’s Privacy Policy.

Eligibility

To use the Site, you must be

(1) at least 18 years of age and

(2) fully able and competent to comprehend and accept this Terms of Use Agreement

Trademarks And Content

All names, trademarks, logos and service marks, including but not limited to the “CULINARY CONNOISSEUR”  mark and the Pestle and Mortar logo (collectively the “Trademarks”) displayed on the Site, are Trademarks owned by Culinary Connoisseur, except as otherwise noted.  This includes the entire content of the Site including all brand identities, characters, graphics, photographs, artwork, designs, text, sounds, music, look and feel (collectively the “Content”) which are copyrighted and protected as a collective work.

You are granted no right or license with respect to any of the aforesaid trademarks and/or content.

The use or misuse of these trademarks and/or content on this Site, except as provided in this Terms of Use Agreement, is strictly prohibited.

Your use of the Site is limited to personal and non-commercial use only unless other uses are granted expressly to you. You may not reproduce, download, upload, copy, distribute, modify, transmit, reuse, re-publish, post, translate, or otherwise use the Trademarks and/or Site Content in any manner for public or commercial purposes without the express written permission of Culinary Connoisseur or such Third Party that may own the Trademarks and/or Content displayed on the Site.

You may use information on Culinary Connoisseur’s products and services (such as catalogs and marketing materials) purposely made available by Culinary Connoisseur for downloading from the Site, provided that you

(1) not remove any proprietary notice language in all copies of such documents,

(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,

(3) make no modifications to any such information, and

(4) not make any additional representations or warranties relating to such documents.

Use of the Trademarks and/or Content otherwise than in accordance with this Terms of Use Agreement, will expose you to claims for infringement of the intellectual property rights of Culinary Connoisseur and/or of Third Parties.

Use Of The Site

You may not use the Site and/or any Trademarks and/or any Content for any purpose that is unlawful or prohibited by this Terms of Use Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Culinary Connoisseur or others. In appropriate circumstances, Culinary Connoisseur reserves the right to terminate users who are judged to be repeat infringers of copyright.

You agree not to link to the Site in any manner that damages Culinary Connoisseur’s reputation or take advantage of it and/or to suggest any form of association, approval or endorsement from Culinary Connoisseur. Culinary Connoisseur reserves the right to withdraw linking permission without notice.

You agree not to use any device, software, instrument or mechanism to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site.

You agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure such as the Site’s servers, or Culinary Connoisseur’s system or networks or any systems of networks connected to the Site or to Culinary Connoisseur.

You agree not to use any device, software, instrument, mechanism or any action that violates the security of the Site, or engage in any other conduct that exposes us or any of our users to any liability or potential harm.

Culinary Connoisseur reserves the right to terminate your access to the Site at any time for any reason without notice.

Culinary Connoisseur reserves the right to refuse service to anyone for any reason at any time.

Additional restrictions on the use of this Site are set forth in other provisions of this Agreement.

Accuracy, Completeness And Timeliness Of The Site

The material that appears on the Site is for informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is solely at your own risk.

This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

Please note that the terms in our Disclaimer also govern and apply to your use of the Site. Click here to read the Disclaimer.

Account And Passwords

Our Site may provide you with the ability to select a username, password, or other codes or devices (“Passwords”) upon completing a registration process for a Service provided through the Site such as making a purchase. You are entirely responsible for maintaining the confidentiality of your Passwords and for all activities that occur under your account, including without limitation, any unauthorized use of your password or account.

You agree to (i) immediately notify Culinary Connoisseur of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each session.

You further agree not to use anyone else’s Passwords on the Site or to attempt to gain access to anyone else’s account. Culinary Connoisseur cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Culinary Connoisseur reserves the right to immediately terminate your account in our sole discretion and without prior notice to you, including, for example, if you violate any part of this Terms of Use Agreement.

Products And/Or Services

Prices for our Products or Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Product or Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Service.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product that we offer. All descriptions of Products or pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product and/or Service at any time. Any offer for any Product made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Site Transactions

All orders are subject to availability and confirmation of the order price.

Culinary Connoisseur reserves the right to decline or cancel orders at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We assume no responsibility for issues resulting from such declines, cancellations, or email notification failure.

Culinary Connoisseur reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized resellers or distributors.

Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Policy, all comments, information, feedback, opinions, statements and ideas regarding Culinary Connoisseur, our products and/or services that you provide at the Site (“Communications”) shall be deemed non-confidential and non-proprietary.

All Communications that you communicate to Culinary Connoisseur will be deemed, at the time of communication to Culinary Connoisseur, the property of Culinary Connoisseur, and Culinary Connoisseur shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Communication in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations.

Culinary Connoisseur reserves the right, at its sole discretion, to edit any Communications and to choose to include or not include such Communication on the Site or otherwise use the Communication. The Site may include the opinions, statements and other content of third parties. Culinary Connoisseur is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any Communications made by third parties through the Site are those of such third parties and not of Culinary Connoisseur, and Culinary Connoisseur does not endorse any such opinions, statements, or materials.

You agree not to use the Site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

You acknowledge and agree that Culinary Connoisseur has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Communications.

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied or used in a manner that constitutes copyright infringement, you may notify us through email:

contact AT culinary-connoisseur DOT com

Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site: http://lcweb.loc.gov/copyright/

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion.

To enable us to address your concerns, please provide the following information:

(1) For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.

(2) Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.

(3) Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:

> Proof of copyright in the image and/or text concerned, namely proof of registration of the Image under the DMCA,

OR, absent such registration,

> a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND

> Evidence to support your claim that you own the copyright in the image.

We will not comply with requests to remove an image and/or text where the complainant cannot prove that they own the copyright in the image in question.

(1) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

(2) Sign the document and email it to:

contact AT culinary-connoisseur DOT com

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Site is infringing your copyrights.

Errors, Inaccuracies And Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Third Party Sites And Materials

The Site may contain links to websites and resources controlled by parties other than Culinary Connoisseur, who may provide goods and/or services and whose websites may link to our Site (“Third Party Site(s)”). Such links are provided to you only as a convenience, and the inclusion of any link does not necessarily constitute an endorsement or recommendation by Culinary Connoisseur of the Third Party Site. Culinary Connoisseur is not responsible for and does not endorse or accept any responsibility for the availability, contents, materials, advertising, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. You acknowledge sole responsibility for and assume all risks arising from your interaction with any Third Party Sites.

Affiliate Links

From time to time, the Site provides product information and research that is sometimes monetized through affiliate marketing links. If you buy products through the referenced affiliate links, we may get a small commission on sales.

Culinary Connoisseur is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Culinary Connoisseur’s Right To Make Changes

Culinary Connoisseur reserves the right to make changes, corrections, cancellations and/or improvements to the Site, its contents, products, services and programs described therein at any time, without notice, including after confirmation of a transaction.

Culinary Connoisseur reserves the right, at its sole discretion, to change this Terms of Use Agreement from time to time.

The revised Terms of Use Agreement will become effective immediately upon posting such changes on the Site and your continued use after such change(s) take effect will be deemed to constitute your acceptance of and agreement to the new Terms of Use Agreement. If any change to this Terms of Use Agreement is not acceptable to you, your only remedy is to stop accessing and using the Site.

You can review the most current version of the Terms of Service at any time at this page.

Disclaimer Of Warranties

While Culinary Connoisseur makes every effort to include accurate and up to date information on the Site, it makes no warranties or representations of any kind, either express, implied or statutory  with respect to the content of the Site, which is provided “as is” and on an “as available” basis.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by applicable law, Culinary Connoisseur disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability or compatibility or arising from course of dealing or course of performance.

Culinary Connoisseur disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any Culinary Connoisseur products and/or services. You assume total responsibility for your use of the Site and any Third Party Sites. Your sole and exclusive remedy against Culinary Connoisseur for dissatisfaction with the site or any content is to discontinue using the site or any such content.

Limitations On Liability

CULINARY CONNOISSEUR’S MAXIMUM LIABILITY AND/OR RESPONSIBILITY TO YOU FOR ALL CLAIMS INCLUDING BUT NOT LIMITED TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO CULINARY CONNOISSEUR FOR ANY PRODUCTS AND/OR SERVICES, FOR WHICH WE ARE THE ACTUAL PROVIDERS, WHICH YOU PURCHASED AND PAID FOR THROUGH THIS SITE. WITH RESPECT TO PRODUCTS AND/OR SERVICES ON THE SITE FOR WHICH WE ARE NOT THE ACTUAL PROVIDERS OF SUCH PRODUCTS AND SERVICES, WE DISCLAIM ANY AND ALL LIABILITY RELATING TO THEM. SHOULD YOU HAVE ANY ISSUES WITH SUCH PRODUCTS AND/OR SERVICES, YOU AGREE THAT YOUR SOLE RECOURSE IS WITH THE MERCHANT AND/OR SERVICE PROVIDER WHO PROVIDED SUCH PRODUCTS AND/OR SERVICES AND NOT WITH US.

Indemnity

By using the Site, you agree to release and hold harmless Culinary Connoisseur, its officers, directors, employees, shareholders, agents, subsidiaries and affiliates from any and all claims, demands, damages, costs and expenses of any kind whatsoever (including attorneys’ fees) relating in any way to your access to, or use of, the Site or any materials downloaded from this Site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.

Assignment

Culinary Connoisseur may assign or transfer this Terms of Use Agreement, in whole or in part, without restriction.

Violations

Culinary Connoisseur reserves the right to pursue any and all legal and equitable remedies against anyone violating this Terms of Use Agreement including but not limited to terminating access to the Site.

Culinary Connoisseur may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

Waiver

Culinary Connoisseur’s failure to exercise or enforce any rights or any provision of the Terms of Use Agreement will not constitute a waiver of such right or provision.

Severability

The invalidity of any term, condition or provision of this Terms of Use Agreement shall not affect the enforceability of those portions of the Terms of Use Agreement deemed enforceable by applicable courts of law.

Contact Us

If you have any questions, comments, requests or concerns regarding this policy, please contact us through contact AT culinary-connoisseur DOT com. We will do our best to respond to all reasonable inquiries in a timely manner.

Thank you for visiting our Site.