Copyright©2000 American Culinary Corporation, Inc. All rights reserved. This Site and the contents of the Site are intended for your personal, noncommercial use. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. ACC and third party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, recompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content, in whole or in part.
In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal only, non-commercial use, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying Site Content for other than personal, noncommercial use is expressly prohibited. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Not withstanding the foregoing, you may not download or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading.
CONTENTS AND HYPERLINKS
This website may contain hyperlinks to third-party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. American Culinary has no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyper linked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.
If you want to link to this website, please contact email@example.com before creating that link so the site may be previewed. American Culinary expressly forbids the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon approval.
American Culinary is pleased to hear from its customers; however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website ("Communications"), including e-mails to American Culinary or postings on interactive portions of this website, shall be deemed and shall remain the property of American Culinary. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. American Culinary is free to use, for any purpose
whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE American Culinary from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or American Culinary, you hereby grant American Culinary, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.
INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
American Culinary does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.
When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
The Site is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. You may not post or transmit any material or content on the Site that violates or infringes in any way upon the rights of others or solicits, encourages, or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any local, state, or federal law. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site.
You may not post or transmit through the Site: content with a commercial purpose or attempt to solicit funds or advertise goods and services; promotional materials relating to Web site or online services which are competitive with us and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or posts that express or imply that any statements you make are endorsed by us, without our prior written consent. Additionally, you may not harvest or collect information about Site visitors or Members without their
Information, including personally identifiable information that is posted on the Share section of the Site will be accessible to other Members participating in Share. Making this information available on the Site may result in a Member receiving “spam” or unsolicited e-mail. Members are encouraged to use discretion when disclosing personally identifiable information online.
PRODUCTS, SERVICES AND SOFTWARE
Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by American Culinary corporation, Inc. or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, recompile, disassemble, or otherwise reverse engineer the software.
A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by American Culinary of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.
NO REPRESENTATIONS OR WARRANTIES
American Culinary makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or American Ciliary's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD AMERICAN CULINARY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.
The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." AMERICAN CULINARY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AMERICAN CULINARY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AMERICAN CULINARY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
JURISDICTION AND CHOICE OF LAW
American Culinary controls and manages this website from facilities in the State of Ohio in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.
TRADEMARKS AND COPYRIGHTS
***********************are trademarks and/or service marks of ACC. Other marks, graphics, typefaces, trade names and logos appearing on the Site are trademarks or trade dress of ACC. All other trademarks appearing on the Site are the property of their respective owners, including, in some instances, us. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance. Patents used in connection with the Site are the property of their respective owners, which may include us.
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of American Culinary or any third party, whether by estoppels, implication, or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, American Culinary is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).
SECURITIES AND INVESTMENT
This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
This website may contain information and press releases about and by American Culinary. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements. Such statements are intended to fit within the 'safe harbor' for forward-looking information and are subject to material risk factors, which may or may not be disclosed herein. Statements or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is designed to," "with the intent," "potential," and similar expressions commonly indicate forward-looking statements, but in their
absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to general economic and currency conditions, various conditions specific to American Culinary's business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, American Culinary's accounting policies, future trends, and other risks.
Despite any representations concerning privacy, American Culinary reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. American Culinary reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights American Culinary may have.
Unless otherwise indicated, all material on this site © 2000 American Culinary Corporation Inc.
All rights reserved.
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
Notification must be submitted to the following Designated Agent:
Service Provider(s): American Culinary Corporation Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Peter A. Pike, President
Full Address of Designated Agent to Which Notification Should Be Sent: 2903 Cricket Lane Willoughby Hills, OH 44092
Telephone Number of Designated Agent: (440) 944-7453
Facsimile Number of Designated Agent: (440) 944-3278
E-mail Address of Designated Agent: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that, because we host Share and other forums on the Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant to us a royalty-free, perpetual, sub-licensable, irrevocable, assignable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display any content, material and/or your name posted on the Site (collectively, the “Material”), (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) the Material is original to you, (2) no other party has any rights to the Material, and (3) the Material is not subject to any obligation, whether
of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material. You also warrant that any “moral rights” in posted materials have been waived.
The Site contains content supplied by parties other than us. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of us. Neither we, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Your use of certain services on the Site may be governed by additional rules, which shall be available on the Site. By using any service you acknowledge that you have reviewed all corresponding rules and agree to be bound by them.
Third Party Sites
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from this Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
While we, and our affiliates attempt to provide accurate information on the Site, we do not warrant that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Your sole remedy for the purchase of any product on the Site is to return it for a full or partial refund as set forth in the shipping contract governing such purchase.
Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT ACC, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF ACC OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL ACC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.
action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the Site.
You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.
We take reasonable precautions to safeguard information transmitted between visitors and the Site and information stored on our servers. We use Secured Socket Layers encryption for the transmission of data to our servers during member sign in and order check out. Despite these efforts, however, we may be unable to prevent and shall not be responsible for unauthorized access to such information by third parties.
Questions about these terms and conditions may be directed to:
American Culinary Corporation Inc.
Attention: Peter A. Pike, President
2903 Cricket Lane
Willoughby Hills, OH 44092
Questions about our products should not be directed to this address and will not be replied to.