The following "Terms of Service" (hereinafter referred to as the "TOS" or "Agreement" sets forth the terms and conditions governing your TOP CHEF UNIVERSITY account. Together with our Terms of Use and Privacy Policy, these Terms of Service your use of the TOP CHEF UNIVERSITY website, its services and materials (collectively, the "Site").
TOP CHEF UNIVERSITY currently provides users with access to cooking training resources, (training modules, training videos, training games, training graphics, educational documents, cooking aptitude tests etc), including various reference and communications tools, (newsletters, blogs etc.), forums, shopping services, and personalized content (collectively referred to as the "Services"). Most of these Services of TOP CHEF UNIVERSITY are provided for a fee. You also 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 TOP CHEF UNIVERSITY services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that TOP CHEF UNIVERSITY assumes no responsibility for the timeliness, deletion, delivery problems or failure to store any user communications or personalization settings.
TOP CHEF UNIVERSITY is a subscription service for online cooking training resources. You will continue to be billed monthly/annually (period you signed 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.
The use of certain products and services on TOP CHEF UNIVERSITY may require registration for a user account ("User Account"). Should you choose to register, you agree to provide true, complete and accurate registration information ("Registration Information"). You are responsible for updating and maintaining the accuracy of Registration Information. If you provide any Registration Information that is untrue or inaccurate, not current, or incomplete, or if TOP CHEF UNIVERSITY suspects that your Registration Information is untrue, inaccurate, or incomplete, then TOP CHEF UNIVERSITY may, in its sole discretion, suspend, terminate, or refuse future access to TOP CHEF UNIVERSITY. Registration Information will be subject to the TOP CHEF UNIVERSITY Privacy Policy (which is incorporated by reference herein).
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 TOP CHEF UNIVERSITY under your User Account. TOP CHEF UNIVERSITY 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 TOP CHEF UNIVERSITY immediately.
Only the authorized licensed user is permitted to use the password protected training content within TOP CHEF UNIVERSITY. 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 TOP CHEF UNIVERSITY.
Monthly subscription fees are prepaid every 30 days and day of the original purchase date for service starting on the following month. Recurring charges will include monthly subscription and any other authorized charges - and automatically charged to the credit card information entered. Unless we terminate it or you, notify us by telephone or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. 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 billing of subscription fees for the renewal term to your credit card. The set-up fee, recurring monthly fees, recurring annual fees and any additional fees are non-refundable.
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.
It is the responsibility of the customer to notify TOP CHEF UNIVERSITY of any changes to the credit card information provided. In the event 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.
In cases where you have authorized a minor to use TOP CHEF UNIVERSITY, you recognize that you are fully responsible for the online conduct of such minor, controlling the minor's access to and use of TOP CHEF UNIVERSITY, and the consequences of any misuse by the minor. You acknowledge that some of the areas of TOP CHEF UNIVERSITY may contain material that is inappropriate for minors.
TOP CHEF UNIVERSITY may provide its members with access to a forum for you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to TOP CHEF UNIVERSITY and other users via chat rooms, message boards or other means ("User Submissions"). User Submissions do not reflect the views of TOP CHEF UNIVERSITY ( the "Forum Moderators"), neither of which have any obligation whatsoever to monitor, edit, or review any User Submissions on the Website. The Forum Moderators assume no 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 TOP CHEF UNIVERSITY. You are strictly prohibited from submitting or transmitting to 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 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.
All User Submissions will be treated as non-confidential and non-proprietary. Anything you submit or transmit to TOP CHEF UNIVERSITY or post shall be deemed the property of and may be used by the Forum Moderators for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, 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 TOP CHEF UNIVERSITY 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 TOP CHEF UNIVERSITY shall constitute an assignment to the Forum Moderators of all worldwide rights, titles, and interests in all copyrights and 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.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Kansas without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Kansas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
The Site is controlled and operated by TOP CHEF UNIVERSITY from its principal office in Wichita, Kansas and is not intended to subject TOP CHEF UNIVERSITY to the laws or jurisdiction of any state, country, or territory other than that of Kansas and of the United States of America. TOP CHEF UNIVERSITY does not represent or warrant that the Site, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, 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.
If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, constitutes the entire Agreement between you and TOP CHEF UNIVERSITY relating to your use of the Site; this Agreement supercedes any and all prior or contemporaneous written or oral Agreements between you and TOP CHEF UNIVERSITY regarding the same subject matter (except other written, fully-executed contracts between you and us). 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 sublicensable by you except with our prior written consent.
Top Chef University is not an accredited university.