NOTICE TO MINORS: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER FOR SERVICES ON THIS SITE OR TO PROVIDE ANY INFORMATION ABOUT YOURSELF THROUGH THIS SITE. REGISTRATION FOR SERVICES BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED.
YOU, THE NON-MINOR USER, ARE AGREEING TO A CONTRACT. PLEASE CAREFULLY READ THE CONTRACT BETWEEN US AND THE FOLLOWING TERMS BEFORE ACCESSING THE SMARTKITCHEN.COM WEB SITE OR CONTENT OR SERVICES. BY ACCESSING SMARTKITCHEN.COM, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS CONTRACTUAL AGREEMENT.
BY USING THIS SITE OR THE SERVICES YOU, THE NON-MINOR USER, ACKNOWLEDGE AND AGREE THAT:
- YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD
- YOU INTEND TO USE THIS SITE AT YOUR SOLE RISK
- YOU HAVE READ THIS AGREEMENT AND THE DISCLAIMERS AND CAVEATS CONTAINED HEREIN & ON THE SITE, AND
- YOU ACCEPT AND WILL BE BOUND BY THE TERMS THEREOF AND BY ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY ACCESSING THE SITE AND USING ANY OF ITS CONTENT OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS CONTAINED HEREIN. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS SMART KITCHEN LLC, MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THE SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
- "Website" or "Site" refers to the website maintained on the World Wide Web by Smart Kitchen LLC, available at http://www.smartkitchen.com
- "Smart Kitchen," "Us," or "We" refers to Smart Kitchen, LLC, its parents, subsidiaries and affiliates.
- "Access" or "Accessing" means accessing, using, viewing the content or otherwise obtaining information on the Site.
- "Agreement" or "Terms" refers to these Terms and Conditions of Use and any subsequent modifications.
- "Subscriber" refers to a Subscriber who purchases a subscription to the Site.
- "Single-User Subscriber" refers to a Subscriber who purchases a subscription.
- "Online Culinary School" means audio-visual-textual works that are available through the Site and is part of the Site.
- "User" refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, "User" refers to You and Your principal.
- "User Account" refers to a the electronic record of a User's personally identifiable information linked to their preferences and payment information kept by the Site to facilitate billing and the User's use of the Site.
- "Registration Information" refers to the personally identifiable information submitted by the User at the time of registration with the Site.
- "You" or "Your" refers to the User. If You are Accessing the Site as an employee or agent of another, "You" or "Your" refers to the User and the User's principal.
- "Services" refers collectively and severally to Smart Kitchen's cooking instructional assets on the Site, including but not limited to cooking modules, cooking videos, cooking games, cooking contests, cooking graphics, cooking educational documents, cooking skill tests etc., including various reference and communications tools, such as articles, videos, newsletters, blogs, recommendations, forums, shopping services, and personalized content etc.
Smart Kitchen currently provides users with Internet access to instructional cooking assets, (cooking modules, cooking videos, cooking games, cooking contests, cooking graphics, cooking educational documents, cooking skill tests etc), including various reference and communications tools, (articles, videos, newsletters, blogs etc.), recommendations, forums, shopping services, and personalized content (collectively referred to as the "Services"). Most of the Services of Smart Kitchen are provided for a fee though You understand and agree that the Service may include sponsorships or advertisements. Unless explicitly stated otherwise, any new features that augment the current Service, including the release of new Smart Kitchen services, shall be subject to this Agreement.
You understand and agree that the Service is provided "AS-IS" and that Smart Kitchen assumes no responsibility for the timeliness, deletion, delivery problems or failure to store any user communications or personalization settings.
Smart Kitchen is a subscription service for online cooking training information. You will continue to be billed monthly/annually, (whichever period you elect and sign up for) until you contact us to cancel your subscription. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Smart Kitchen reserves the right to modify this Agreement at any time. Except as otherwise stated herein, any change to this Agreement is effective immediately after Smart Kitchen gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to this Agreement. Any use of the Site after changes have been made shall be deemed acceptance of those changes to the terms and/or conditions of the Agreement.
You are solely responsible for using the Service reasonably, lawfully, and in accordance with this Agreement. The Service is intended for your personal, noncommercial use. You are responsible for maintaining the secrecy and security of any personal or User Account information. You are responsible and liable for any conduct on the Site under Your User Account. Smart Kitchen is not responsible for any unauthorized use of Your User Account. If you believe there has been unauthorized use of Your User Account, you must notify Smart Kitchen immediately. We reserve the right to refuse Service, terminate accounts, remove, or edit content in our sole discretion.
Only the authorized licensed User is permitted to use the password protected training content within the Site. If anyone loans or discloses their User Name and Password or otherwise knowingly or unknowingly allows unauthorized access into the fee-based content, the original site license holder shall be responsible for and will be billed a full month's fee for each month an unauthorized user logs into the Site.
Annual Membership - Membership Fee $99 a year.
The annual membership plan provides unlimited access to the Site and the Service for an entire calendar year. You enjoy a significant discount if you subscribe annually, and you have the option of changing or canceling your membership at any time. A pro-rata portion of your annual payment will be refunded to you if you cancel your Subscription. See Refunds for more specific information. Annual dues are billed to your credit card each year. Annual subscription fees are prepaid on the anniversary date of the original purchase date for service starting on the first day of the next subscription year. In the event that there is no corresponding anniversary date for the original purchase, the final day of the previous annual subscription will be on the final day of the original anniversary month. For example a February 29th, 2012 annual subscription would renew on February 28, 2013. Recurring charges will include subscriptions and any other authorized charges.
Monthly Membership - Membership Fee $9.99 a month.
The monthly membership plan provides unlimited access to the Site and the Service for a calendar month. Monthly dues are billed to your credit card each month. Monthly subscription fees are prepaid every month on the monthly anniversary date of the original purchase date for service starting on the next following month or on the final day of the month if there is no corresponding monthly anniversary date. For example a January 31, 2010 subscription would renew on February 28, 2010. Recurring charges will include monthly subscription and any other authorized charges.
Any such annual or monthly charges will be automatically charged to the credit card information entered in Your Registration Information. Unless we terminate Your User Account or you, notify us of your decision to terminate your subscription by telephone or e-mail receipt of which must be confirmed by an email reply from us containing a confirmation of the termination. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid our billing of the subscription fees for the appropriate renewal term to your credit card.
The set-up fees, recurring monthly fees, and any additional fees are non-refundable, except that User may cancel a new subscription up to three (3) calendar days after the commencement date of a new subscription and receive a full refund of the new subscription fees by notifying Smart Kitchen by telephone, in writing, or by email receipt of such email must be confirmed by an email reply from us containing a confirmation of the cancelation.
Discounts, rebates or other special offers are only valid for the initial term; all Subscribers will renew their subscriptions after the initial term at the then-current full subscription rate. Smart Kitchen may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Smart Kitchen provides notice at least thirty (30) calendar days prior to the expiration and renewal of the subscription.
We may offer, from time to time, a free trial subscription. Under a free trial subscription, You may access free services from the Site for a Free Trial Period of three (3) days, seven (7) days, One Month (28-31 days), etc.) When Your free trial period ends, if You wish to continue to use the member and/or subscription-based aspects of the Site, You must subscribe to the Service or You may, if it is offered, opt into a sponsored relationship from one of our partners. Your free trial will automatically terminate at the end of the trial period and Your free trial subscription will convert automatically to a monthly paid subscription unless You cancel Your subscription from within your account or we receive notice from You of Your desire to terminate by telephone, in writing, or by email, receipt of such email must be confirmed by an email reply from us containing a confirmation of the cancelation. Prior to the end of Your free trial period, You will receive notice that You are to be signed up for a subscription-based account or if available for a Smart Kitchen partner sponsored relationship.
We may offer, from time to time, a limited free trial subscription. Under a limited free trial subscription, You may access free limited services from the Site for a trial period. When Your limited free trial period ends, if You wish to continue to use the member and/or subscription-based aspects of the Site, You must subscribe to the Service or You may, if it is offered, opt into a sponsored relationship from one of our partners. Your limited free trial will automatically terminate at the end of the trial period and Your free trial subscription will convert automatically to a monthly paid subscription unless we receive notice from You of Your desire to terminate by telephone, in writing, or by email (receipt of such email must be confirmed by an email reply from us containing a confirmation of the cancelation). Prior to the end of Your free trial period, You will receive notice that You are to be signed up for a subscription-based account or if available for a Smart Kitchen partner sponsored relationship.
The following gift subscriptions for Access to the Site and/or Services are available for purchase:
Upon non-payment of fees or other charges when due, all user access will be deactivated immediately until valid payment is received for all outstanding balances due.
It is the responsibility of the customer to notify Smart Kitchen of any changes to the credit card information provided in the Registration Information. In the event that the credit card information is deemed invalid and another automatic payment option for all recurring charges is not set up prior to the recurring charge date, all User access will be deactivated immediately until valid payment is received for all outstanding balances due.
You recognize and agree that you are fully responsible for the employment and use of the information contained on the Site and that you bear the responsibility for the consequences of any misuse or the occurrence of any accidents. You acknowledge that cooking involves some potentially or inherently dangerous activities, such as, but not limited to cutting, chopping, food handling, allergens, using heat, acid or cold in various forms, etc. You accept in full any responsibility and liability for any use of the information contained on the Site and in the Services.
Smart Kitchen prohibits minors from using the Site. In cases where You have authorized a minor or minors to use the Site or the Services, contrary to our policy, you recognize that you are fully responsible for the online conduct of such minor, controlling the minor's access to and use of the information contained on the Site and the consequences of any misuse or by the minor(s). You acknowledge that some of the areas of Smart Kitchen may contain material that is inappropriate for minors. You further acknowledge that cooking involves some potentially or inherently dangerous activities including but not limited to cutting, chopping, food handling, allergens, cooking with heat, cold, acid etc., that may be inappropriate and/or dangerous for minors. You accept any responsibility and liability for such use of the Site and the Services by said unauthorized minor(s).
Smart Kitchen strives to provide the site's content to its Subscribers on a continuous basis. To that end, Smart Kitchen will take all commercially reasonable efforts to provide uninterrupted Access to the Site to its Subscribers. However, from time to time, Subscribers may be unable to Access the Site due to conditions beyond Smart Kitchen's control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, maintenance, equipment failures and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Site to its Subscribers, Smart Kitchen will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term "commercially reasonable," as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Smart Kitchen endeavors to provide the highest quality content to its Subscribers. To that end, Smart Kitchen reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following "Prohibited Conduct":
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Smart Kitchen's computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- Permit or provide others Access to your subscription or membership using Your User's name and User's password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, sell, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Site content; or "deep link" to the Site content.
- Violate or attempt to violate Smart Kitchen's and/or the Site's security mechanisms.
- Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws, including but not limited to the software and technology export laws and/or regulations of the United States, Canada, Great Britain, Australia and/or New Zealand.
- Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other Users or the Site.
- Use the Site to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Smart Kitchen or the Site.
- Post unauthorized, obscene, hateful, racist, harassing, defamatory, libelous, filthy, violent, pornographic, abusive, threatening, harmful, illegal or otherwise reasonably objectionable material of any kind or nature on the Site; or engage in conduct that may give rise to any civil liability.
- Post or transmit any material through the Site or the Service that is encrypted, constitutes junk mail, or unauthorized advertising or commercial offers, invades anyone's privacy, or encourages conduct that could constitute a criminal offense; or give rise to civil liability or otherwise violate any applicable local, provincial, state, national or international law or regulation.
- Advertise or otherwise solicit funds, goods or services on the Site without the express written permission of Smart Kitchen.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
- Interfere with another User's use and enjoyment of the Site or Service or interfere with another entity's use and enjoyment of similar Services.
- Use the Service for any illegal purposes whatsoever.
- Use the Service to interfere or disrupt networks connected to the Service and/or infringing or violating any regulations, policies and procedures of networks connected to the Service.
To ensure that Users of the Site do not engage in Prohibited Conduct, Smart Kitchen reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Site's content (free or fee-based) to any person or entity whose use of the Site suggests Prohibited Conduct, in Smart Kitchen's sole opinion and discretion. Accessing the materials available on the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in revocation or denial of Access to the Site's reserved and free content. The terms "normal patterns" and "abuse" shall be determined solely by Smart Kitchen. Smart Kitchen may, at its sole discretion, immediately terminate Your Access to the Site and/or the Service should your conduct fail to conform to this Agreement. Smart Kitchen, at its sole discretion may limit the availability of the Site to any person.
You are responsible for ensuring that any material you provide to or through the Service or post on a bulletin board or forum, including but not limited to text, photographs, video, and audio, does not violate the copyright, trademark, trade secret, or any other personal, moral, or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
Children under the age of 18 are not permitted to Access the Site or use the Service and you may not make recommendations or send invitations to join the Service to non-users who are under the age of 18. Smart Kitchen requests that minors do not submit or post any information to the site. If they do, contrary to our policies, we request that they do not post or submit any information to the Site without a parent or guardian's consent. However, Smart Kitchen will not request or knowingly collect from a minor any information online that can be traced to the minor, such as an e-mail address, name, or information about the minor's family. Smart Kitchen will not knowingly use information that a minor provides to Smart Kitchen for any marketing, selling or promotional purposes. Ultimately, it shall be the parent or guardian's responsibility for the acts and actions of the minor with respect to the unauthorized use of the Service.
Smart Kitchen warrants that the software, if any is provided by Smart Kitchen, that allows Users to Access the reserved content of the Site (the "Software"), if operated as directed, will substantially achieve the functionality described on the Site. SMART KITCHEN PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. Smart Kitchen also warrants that the media containing the Software, if any and if provided by Smart Kitchen, will be free from defects in material on the date the User acquired the Software. SMART KITCHEN'S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE CONTENT. THE USER MUST INFORM SMART KITCHEN OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR SMART KITCHEN WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. SMART KITCHEN WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.
ALTHOUGH SMART KITCHEN HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN. WE ASSUME NO RESPONSIBILITY AS TO WHETHER THE SERVICE PROVIDES YOU WITH YOUR DESIRED RESULTS.
THE USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, THE SERVICE, THE CONTENT AND ANY INFORMATION CONTAINED THEREIN IS AT YOUR SOLE RISK.
THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. SMART KITCHEN DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE, THE SERVICE OR THE SITE. SMART KITCHEN DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL SMART KITCHEN OR ANY OF ITS AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, ADVISORS, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, DELETION MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR PERSONALIZATION SETTINGS OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT SMART KITCHEN RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE ONLINE CONTENT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
IN NO EVENT WILL SMART KITCHEN BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT SMART KITCHEN RECEIVED FROM YOU FOR YOUR SUBSCRIPTION TO ACCESS THE ONLINE CONTENT, EVEN IF SMART KITCHEN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF SMART KITCHEN, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. SMART KITCHEN IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF SMART KITCHEN IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. SMART KITCHEN DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT SMART KITCHEN RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
The links to third party sites on the Site are for your convenience only. The inclusion of such links within the Site does not imply any endorsement, guarantee, warranty or representation by Smart Kitchen. For Your convenience, Smart Kitchen may make available on the Site or in its content or Services certain materials for use and download. Smart Kitchen does not make any warranty with regard to download speeds or the performance quality of such materials. Smart Kitchen makes no warranty regarding any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from Smart Kitchen or through the Service or Site shall create any warranty not expressly made herein.
Pricing for downloads and other products will be displayed on the download page or on the specific product's page. Where a download or a product is offered by one of our affiliates, such affiliate will provide the price for each download/product. Smart Kitchen is not responsible for downloads or products for sale on other sites, even if those sites are linked to Smart Kitchen's Site.
The posting of job descriptions and informational materials about Smart Kitchen employment do not constitute an offer of employment.
Smart Kitchen and the Site may provide links to other third-party web sites, materials or resources. You acknowledge that Smart Kitchen does not pre-screen third party materials. You acknowledge and agree that Smart Kitchen is not responsible for the availability of such external sites or resources. Smart Kitchen is not the publisher or author of any information on the Site that is provided by third party content providers, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Further, You acknowledge that Smart Kitchen is not liable for any claims related to such information and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or 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 external sites or resources.
Content provided by third parties is for informational purposes only, and Smart Kitchen's use of the content constitutes neither an endorsement nor a recommendation of the content by Smart Kitchen. Smart Kitchen assumes no responsibility for third party products or services.
Smart Kitchen while not assuming any responsibility for these third-party websites or materials, provides these links or materials solely for the convenience of Users. Smart Kitchen does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information offered on them. Smart Kitchen may disable any hyperlink to the Site. Smart Kitchen has the right but not obligation to monitor third party websites and hyperlinks to the Site.
SMART KITCHEN MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, SMART KITCHEN DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
Smart Kitchen or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. Everything on the Site is copyrighted and You should assume that everything You read or see on the Site is covered by copyrights, trademarks, or otherwise protected and owned or licensed by Smart Kitchen. You acknowledge that everything featured or displayed on the Site, including, but not limited to text, software, music, sound, photographs, video, graphics, name references or other material contained in sponsor advertisements or search results, provided to or accessed by you via the Service, and other materials related to the Site including, without limitation, the "look and feel" of the Site (the "Content") are protected by applicable copyrights, trademarks, service marks, patents, and other proprietary rights and laws. "Smart Kitchen" "SmartKitchen.com", "The Smartest Way to Learn to Cook"™, "The Smartest Way to Learn to Cook Like a Chef from the Comfort of Your Own Home"™, "Preview, Process, Practice"™, "Smart Community Kitchens"™, and certain product names mentioned on the Site are our service marks and/or trademarks. Other product and company names mentioned on the Site may be trademarks and/or service marks of their respective owners. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Online Content may be copied, reproduced, modified, distributed, transmitted, re-published, displayed or performed for commercial use without the prior written consent of Smart Kitchen. Nothing in these Terms grants You an express or implied license to use any of Smart Kitchen's intellectual property except as set forth in herein. You are only permitted to use this Content as expressly authorized by this Agreement or by the relevant advertiser, as appropriate. You may Access material from the Service and may use the Service for your personal, noncommercial, use only; provided, however, that you keep intact all copyright, watermark and other proprietary notices. You may not copy, reproduce, rearrange, distribute, transmit, perform, display, or create derivative works of the Content without expressly being authorized to do so in writing by Smart Kitchen or the relevant advertiser or sponsor. You do not acquire ownership rights to any content, document, or other materials viewed through this Site. Some of the content on the site is the copyrighted work of third parties.
Smart Kitchen does not accept or consider unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans, or new product names. Please do not send any original artwork, samples, demos, or other works. If you do send such materials, Smart Kitchen makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Smart Kitchen may provide its members with access to a forum for you and other users to have an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or materials via chat rooms, email, uploads, message boards or other means. All such submissions by these and any other means will be referred hereafter as "User Submissions". Any User Submission you provide on this Site will be deemed non-confidential and non-proprietary. Smart Kitchen is free to use such information on an unrestricted basis.
User Submissions do not reflect the views of Smart Kitchen, or the "Forum Moderators", none of whom have any obligation whatsoever to monitor, edit, or review any User Submissions on the Website. The Smart Kitchen and the Forum Moderators do not assume any responsibility or liability arising from the content of any User Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within any User Submission on the Site. You are strictly prohibited from submitting or transmitting to the Site or the Forum Moderators any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Smart Kitchen and the Forum Moderators will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
Anything you submit or transmit to Smart Kitchen or post on the Site shall be deemed the property of and may be used by Smart Kitchen or the Forum Moderators for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, Smart Kitchen and/or the Forum Moderators are free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any User Submission you submit or transmit to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer of any User Submissions to Smart Kitchen shall constitute an assignment to Smart Kitchen or the Forum Moderators of all the worldwide rights, titles, and interests in all copyrights, and any other intellectual property rights in such User Submission. The Forum Moderators may edit, copy, publish, distribute, translate, and otherwise use in any medium any User Submission that You submit or transmit to the Forum Moderators and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission. The Forum Moderators are and shall continue to be under no obligation to maintain any User Submissions in confidence, to compensate You or any other user for any User Submission, or to respond to any of Your or any other user's User Submissions. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Smart Kitchen and/or the Forum Moderators, You forfeit all tangible or intellectual rights in the property submitted.
The Site does not constitute an offer to sell or make a solicitation of an offer to buy securities of Smart Kitchen or any other person or entity nor does any content on the Site constitute investment advice or recommendations concerning the purchase of any securities. The Site may contain statements about future events, accomplishments, circumstances, trends, expectations, plans, capabilities, and prospects that are forward-looking statements. Actual events, results or developments may differ materially from those expressed or implied in forward-looking statements due to a number of risks and uncertainties.
The User agrees to defend, indemnify and otherwise hold harmless Smart Kitchen and its officers, directors, subsidiaries, affiliates, agents, employees, shareholders, successors and assigns from and against any cause of action, claim or demand, including court costs, expenses and attorney fees, related to or arising from Your use of the Site or the Service, the violation of this Agreement by You, the infringement by You, or other user of the Site or Service using Your computer, of any intellectual property or other right of any person or entity or User's Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
Users are prohibited from violating or attempting to violate the security of the Site. Smart Kitchen has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Smart Kitchen may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the reserved content of Smart Kitchen. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password. You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the Account, User Name or password of someone else at any time. You agree to notify Smart Kitchen immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Smart Kitchen immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Smart Kitchen will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Smart Kitchen, its affiliates, subsidiaries, officers, directors, employees, consultants, agents or representatives due to someone else's use of Your account, user name or password.
Smart Kitchen will never ask You for Your password. If You need a new user name and/or password, smartkichen.com will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
Smart Kitchen operates this Site and the Service from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any International laws, in using this Site. Smart Kitchen makes no representation of any kind that all content, materials, and services on the Site are appropriate or available for use in all geographic locations, especially some locations outside the United States or Canada, and accessing such from certain locations may be illegal and prohibited. Those accessing the Site from such locations act on their own initiative and we are not responsible for their compliance with applicable laws. Smart Kitchen may limit the availability of the Site to any geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export any Site content to a national or resident of any of the following countries: (i) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
In addition to Smart Kitchen's other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Smart Kitchen may also terminate Access to the reserved content or cancel subscriptions to the fee-based reserved content without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Smart Kitchen, at is sole and complete discretion, deems inappropriate. In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 1, 2, 6, 7, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 25, and 29 shall survive in perpetuity. Each Subscriber's obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
You may terminate Your User Account and subscription with or without cause at any time and effective upon seven (7) business days' notice to Smart Kitchen. Smart Kitchen will cancel your subscription effective seven days from the date notice is received & confirmed by email by Smart Kitchen. Upon effective termination, no further subscription billing will occur. Any unused portion of the then current or previous month's pre-paid subscription fee will be forfeited by User. Smart Kitchen will not refund to User any "pro-rata" share of the monthly subscription fees after effective termination. Smart Kitchen shall not be liable to you or any third party for termination of Service. Should you object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately: (i) discontinue use of the Service and the Site; and (ii) terminate the Service and Site user ship. Upon termination of the Service, your right to use the Service immediately ceases.
You may terminate Your User Account and subscription with or without cause at any time and effective upon seven (7) business days' notice to Smart Kitchen. Smart Kitchen will cancel your subscription effective seven days from the date notice is received & confirmed by a return confirming email by Smart Kitchen. Upon effective termination, no further subscription billing will occur. Any unused, whole month, portion of the annual subscription's pre-paid subscription fee, if billed and credited, will be refunded to User according to the Refund Section below. Smart Kitchen shall not be liable to you or any third party for termination of Service. Should you object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately: (i) discontinue use of the Service and the Site; and (ii) terminate the Service and Site user ship. Upon termination of the Service, your right to use the Service immediately ceases.
You may terminate Your Free User Account and Free Trial Subscription with or without cause at any time before its expiration and effective upon notice to Smart Kitchen. Smart Kitchen will cancel your subscription effective as of the date notice is received & confirmed by a return confirming email by Smart Kitchen. Upon effective termination, no site access is allowed and no future monthly billing will occur. Smart Kitchen shall not be liable to you or any third party for termination of Service. Should you object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately: (i) discontinue use of the Service and the Site; and (ii) terminate the Service and Site user ship. Upon termination of the Service, your right to use the Service immediately ceases.
All notices to shall be made either via email to or via regular post to our mailing address:
Smart Kitchen LLC
15560 N. Frank L. Wright Blvd.
Scottsdale, Az. 85260
Smart Kitchen may broadcast notices or messages through the Service to inform you of changes to this Agreement, the Service, the Site or other matters of importance; such broadcasts shall constitute notice to you.
IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE.
All subscriptions-based services must be paid in advance. If you have prepaid for an Annual Subscription and you terminate the Service during such prepaid period, then Smart Kitchen will promptly refund a pro-rated amount (calculated as of the end of the current full complete month of being enrolled in the Service after the date of effective termination) to you to the address linked to your account. Your prorated refund is calculated based on an imputed monthly membership rate of $9.95 per month.
By way of example only, if Your Annual Membership is effectively terminated after 4 months and 21 days, you would receive a refund for the seven unused whole months or fifty eight dollars & thirty one cents ($58.31) calculated as follows: $99.99 - (7 months x $8.33/month) = $58.31. Please allow 6 to 8 weeks for your refund to be processed.
Neither the course of conduct between You and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sub-licensable by You except with our prior written consent. These Terms constitute the entire agreement between Smart Kitchen and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Smart Kitchen and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User's breach or threatened breach of these Terms, Smart Kitchen may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Smart Kitchen's remedies are cumulative and not exclusive. Failure of Smart Kitchen to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Smart Kitchen makes no representation that the content of the Site is appropriate or available for use in all locations. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Smart Kitchen cannot provide notifications via post, only e-mail. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Smart Kitchen may limit the availability of the Site to any person
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by United States (US) law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Smart Kitchen shall be finally resolved through binding arbitration in Las Vegas, Nevada. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the US Superior Court. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Nevada Superior Court, US for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys' fees related to any arbitration, claim or action.
The Site is controlled and operated by Smart Kitchen LLC from its principal office in Las Vegas, Nevada and is not intended to subject Smart Kitchen LLC to the laws or jurisdiction of any state, country, or territory other than that of Nevada and of the United States of America. Smart Kitchen does not represent or warrant that the Site, the Service, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so at their own risk, and are responsible for complying with local laws.
Ten Percent (10%) of Profits of Smart Kitchen go to Smart Community Kitchens™, a program under which we donate Ten Percent of our profits to local hunger relief charities like Community Kitchens and Community Food Banks.