|
|
 |
 |
 |
|
The terms and conditions set forth in this terms of use notice (the "Terms of Use") shall govern your visit to and use of the Web sites provided by Mirepoix ("us," "our," or "we"), including (collectively, the "Site"), as well as all services related to the Site. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.
General
We reserve the right to change the terms and conditions of these Terms of Use. We will announce any changes by posting a revised draft of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the "Last Updated" legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Use periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.
We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
If you have any questions regarding the meaning or application of this Agreement, please direct your questions to members@mirepoixcookingclasses.com.
Member Sign In
In order to better use the Site, we encourage you to become a member of the Site ("Member"). If and when you decide to become a Member, you agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current, and complete, and (3) comply with these Terms of Use. You may review, correct, change, or update your membership information by visiting the My Account section of the Site, or by e-mailing our customer support at members@mirepoixcookingclasses.com. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership.
As part of the membership process, you will be asked to select a Username and password. You may not choose a Username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Username in our sole discretion. You agree not to transfer or resell your use of or access to the Site or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, Username or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your Member information, and immediately notify us by emailing us at members@mirepoixcookingclasses.com. You are solely responsible for maintaining the confidentiality of your Member name and password and for any and all activities (including purchases) that are conducted through your account.
Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, raffles, promotions and games on the Site. Each of these activities may be governed by specific rules accessible from the pages of the Site offering the promotion, which are separate from these Terms of Use. By participating in any such activities, you will become subject to those rules. Mirepoix urges you to read any applicable rules, which will be linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.
Copyright
Copyright 2008 Mirepoix. All rights reserved.
This Site and the contents of the Site are intended for your personal use. The Site may contain 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 as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. Mirepoix and third party content providers also own copyrights in the original content on the Site. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content. Subject to your compliance with these Terms of Use, you may download or copy one copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree that you cannot download or copy Site Content for uses other than your personal, noncommercial use without our express prior, written consent. You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
Trademarks
Trademarks and/or service marks of Mirepoix and/or its subsidiaries, other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of Mirepoix. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of Mirepoix's trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.
Third-Party Content
The Site may contain 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 Mirepoix. Neither Mirepoix 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.
Third Party Sites
We may, for your convenience, provide you with links to other Web sites from the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by the Linked Sites. Links to Linked Sites do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on the Linked Sites. You acknowledge and agree that we do not control and 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 content, goods or services available on the Linked Sites.
Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on such other sites, or any loss or damages incurred in connection with such other sites.
YOU AGREE THAT YOUR USE OF THE LINKED SITES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Mirepoix shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
Purchases and Product Descriptions
If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your purchase, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Any such information provided through the Site will be treated by Mirepoix in accordance with our Privacy Policy. By submitting such information, you grant Mirepoix the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchases.
While Mirepoix and our affiliates attempt to provide accurate information on the Site, we do not guarantee that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates' endorsement of such products. We reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. Price and availability of any product offered through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases. Your sole remedy for the purchase of any product from Mirepoix through 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, IMPLIED OR STATUTORY, 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 MIREPOIX, 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 MSO OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MIREPOIX 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.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we cannot guarantee its absolute security, completeness or correctness, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use.
Indemnification
You agree to defend, indemnify, and hold harmless Mirepoix, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of (a) your breach of these Terms of Use; and/or (b) your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.
Termination
Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including without limitation, your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and Member name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Equipment
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.
Privacy See the Mirepoix Privacy Policy
Miscellaneous
These Terms of Use, our Privacy Policy and any operating rules for the Site established by us constitute the entire understanding between you and us with respect to the use of the Site. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use this Site are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
These Terms of Use shall be construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in Oakland County, Michigan, and waive any jurisdictional, venue or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Our Address
1203 S. Main, Royal Oak, MI 48067
Permissions
If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to members@mirepoixcookingclasses.com
Linking To Our Site
If you are interested in linking to our Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to members@mirepoixcookingclasses.com.
Filtering
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://dir.yahoo.com/Business_and_Economy/.../Blocking_and_Filtering/.
Please note that Mirepoix does not endorse any of the products or services listed at such site.
|
|
|
|
|
|
|
