1. ACCEPTANCE OF TERMS. Hello and welcome to Ingrain™, Inc.'s ("Ingrain") chefcertification.com web site! The Services provided on our web site are subject to the following Terms and Conditions ("Terms"). Please read the Terms carefully. By using any of our Services, you agree to abide by the Terms. The Terms are subject to change without notice; you can review the most current version of the Terms at any time at: www.chefcertification.com. In addition, when using particular Services, you and Ingrain shall be subject to the guidelines or rules applicable to such Services that may be posted from time to time.
2. OUR SERVICES. The Ingrain chefcertification.com web site currently provides registered users with access to a self-paced tutorial system that delivers culinary career education courses that are required for ACF Certification. These courses are reviewed and approved by The American Culinary Federation and Southwestern Oregon Community College.
Subject to these Terms, you may use the Services and any necessary software that may be provided by Ingrain in connection with the Services. Unless explicitly stated otherwise, any new features that modify or enhance the Services, including the release of new Ingrain™ products or services, shall be subject to these Terms.
Ingrain reserves the right at any time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice. You agree that Ingrain shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Our Unconditional Guarantee: We want you to be satisfied with the classes you purchase from chefcertification.com. We will grant full refunds, within thirty (30) days of the invoice date if you have not been issued a conformation of completion either electronically or by mail.
3. YOUR RESPONSIBILITIES. In exchange for your use of the Ingrain chefcertification.com web site, you agree to the following:
3.1 Your Information. You will provide Ingrain with true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Information"), and will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. Ingrain has the right to suspend or terminate your account and refuse you use of the Services should it reasonably suspect that any of the information you provide is untrue, inaccurate, not current or incomplete.
3.2 Use of the Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any portion of the Services, use of the Services, or access to the Services.
3.3 Inactive Accounts. You acknowledge that Ingrain may log off accounts that are inactive for an extended period of time.
4. CERTIFICATION. As part of the Services, you may take courses/articles through the Ingrain self-paced tutorial system. You are responsible for applying for your certification/re-certification with the appropriate governing body. You acknowledge that Ingrain is not responsible to you in any way, should the certification body, in its sole discretion, decide not to provide you with certification/re-certification for any reason.
As a registered user, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account. You agree to ensure that you logout from your account at the end of each session. Please immediately notify Ingrain of any unauthorized use of your password or account or any other breach of security. Ingrain is not liable for any loss or damage arising from such unauthorized use or from your failure to comply with this section.
PRIVACY STATEMENT FOR INGRAIN™, INC'S WWW.chefcertification.com WEB SITE
Chefcertification.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website:
Our site's registration form requires users to give us contact information (like their name and email address), financial information (like their account or credit card numbers), and demographic information (like their zip code, age). We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to contact the visitor when necessary. Financial information that is collected is used to bill the user for products and services. Demographic and profile data is also collected at our site. We use this data to tailor the visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences.
This site contains links to other sites. www.chefcertification.com is not responsible for the privacy practices or the content of such Web sites.
Our site and/or contact management service provides users the opportunity to opt-out of receiving communications from us. If users wish to not receive additional communications from us, they may choose to opt out. For additional questions, contact us by visiting the "contact us" section at www.chefcertification.com.
This site gives users the following options for changing and modifying information previously provided. Visit www.chefcertification.com. Simply log in under your given username and password, enter your chefcertification.com home room, and view the "student profile" tile. You may make alterations to your information there, and re-submit.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact Webmaster at:
c/o Ingrain, Inc.
P.O. Box 177
6. ADVERTISERS AND LINKS. The chefcertification.com web site may contain advertisements ("Advertisements") and links to other Internet sites or resources ("Links"). Ingrain is not responsible or liable for transactions or communications between you and the sponsor of an Advertisement or Link, including without limitation any term, condition, warranty, or representation made by such sponsor. Ingrain is also not responsible or liable for the availability, content, products, or services of such Advertisements or Links. You acknowledge and agree that Ingrain shall not be liable for any damage or loss arising from or related to your use of or reliance on any such content, products, or services available from such Advertisements or Links.
7. INGRAIN'S PROPRIETARY RIGHTS. Ingrain™, Inc's chefcertification.com web site, the Services, and any related software are the property of Ingrain, its suppliers, or its advertisers. As such, those items are protected by United States and international laws regarding copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Ingrain, its suppliers, or its advertisers, you agree not to copy, modify, transfer, decompile, reverse-engineer, disassemble, distribute, or create derivative works based on Ingrain™, Inc's chefcertification.com web site, the Services, or any related software, in whole or in part.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
8.1 THE SERVICES ARE PROVIDED AS IS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INGRAIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8.2 DOWNLOAD MATERIAL AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INGRAIN™ chefcertification.com WEB SITE OR THE SERVICES IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF ANY SUCH MATERIAL.
8.3 ALL ADVICE PROVIDED ON THE INGRAIN™ chefcertification.com WEB SITE IS GENERAL IN NATURE, AND MAY NOT APPLY TO YOUR GIVEN YOUR PARTICULAR CIRCUMSTANCES.
8.4 LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT INGRAIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INGRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER ARISING FROM OR RELATED TO YOUR USE OF THE INGRAIN™ WEB SITE OR THE SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT INGRAIN'S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING FROM OR RELATED TO SUCH USE IS LIMITED TO ANY FEES PAID BY YOU TO INGRAIN IN THE TWELVE (12) MONTHS PRIOR TO YOUR CLAIM.
9. EXCLUSIONS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 8 and 9 may not apply to you.
10. TERMINATION. You agree that Ingrain, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services for any reason. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and that Ingrain may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Ingrain shall not be liable to you or any third-party for any termination of your access to the Services.
11. NOTICE. Notices to you may be made via either email or regular mail. Ingrain may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on its web site.
12. TRADEMARK INFORMATION. Ingrain™, the Ingrain logo, and all other Ingrain logos and product and service names are trademarks and service marks of Ingrain, Inc. (the "Ingrain Marks"). Without Ingrain's prior permission, you may not display or use the Ingrain Marks in any manner.
13. GENERAL INFORMATION. The Terms constitute the entire agreement between you and Ingrain regarding your use of Ingrain™ Inc's chefcertification.com web site and the Services, superceding all prior written or oral representations, negotiations, communications, or agreements between you and Ingrain. You also may be subject to additional terms and conditions that may apply when you use affiliate Services, third-party content, or third-party software. The Terms and the relationship between you and Ingrain shall be governed by the laws of the State of Oregon, and you agree to submit to the personal and exclusive jurisdiction of the federal or state courts located within Deschutes County, Oregon. The failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.