Terms & Conditions
Introduction
Welcome to the Culinary Health Solutions’ web site (the “Site”) operated by Culinary Health, LLC (“CHS,” “we,” “our,” or “us”). Please read the following terms and conditions of service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you access or use the Site and the Culinary Health services provided to you by CHS through the Site.
Acceptance of Agreement
“Agreement” means these Terms and any terms provided or made available to you during the ordering or registration process (“Order Process”) into which these Terms are incorporated, including without limitation all pricing and payment terms. This Agreement is a legal agreement between CHS and you (“you”) if you are acting on your behalf or the person for whom you are acting that will be using the CHS Services (defined below) for any reason (“Customer”) as the user of the CHS Services to be provided by Culinary Health Solutions under this Agreement. You and any persons that you authorize to use Customer’s account may be referred to in these Terms as the “User.”
CHS is willing to provide the Culinary Health Services to Customer only on the condition that you accept all of the terms in this Agreement. By using the web app and/or saving this site to your home screen, you validate the Agreement, and agree to our terms and conditions and privacy policy. By accessing or otherwise using the CHS Services, you acknowledge that you have read this Agreement, understand this Agreement and that Customer agrees to be bound by all of the terms of this Agreement. You also acknowledge that registering for a monthly subscription on Site or your submission of the credit card payment form serves as Customer’s agreement to this Agreement. The materials contained in this website are protected by applicable copyright and trademark law.
If you do not agree to the terms and conditions of this Agreement, CHS is unwilling to provide or make the Culinary Health Services available to Customer, and therefore, cancel and do not complete the registration process or otherwise use the CHS Services. If you do not accept this Agreement, Customer should immediately cease any use of the CHS Services.
In the case of inconsistencies between these Terms and information included in other materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence. In the case of inconsistencies between these Terms and the Order Process, the Order Process will always govern and take precedence.
1. Use License: Permission is granted to access the CHS dashboard (“license”) and download one copy of the materials (electronic documents) on CHS’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
o Modify or copy the materials
o Use the materials for any commercial purpose other than as a Certified Culinary Health Professional with an active monthly subscription, or for any public display (commercial or non-commercial)
o Attempt to decompile or reverse engineer any software contained on CHS’s website
o Remove any copyright or other proprietary notations from the materials
o Transfer the materials to another person or "mirror" the materials on any other server
This license shall automatically terminate if you violate any of these restrictions and may be terminated by CHS at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
1. Fees: In consideration for providing the CHS Services, Customer shall pay to CHS the fees set out in Order Process (“Fees”), without any set-off or deductions of any kind, as such Order Process may be amended from time to time in accordance with the terms hereof. CHS shall have the right to increase the Fees at any time. Customer’s continued use of the Services shall be deemed acceptance of any new Fees. Payment for the Fees shall be due and payable as specified in Order Process. Due to the nature of the technologies and Internet stability, service interruptions may occur. No full, partial, or prorate refunds will be made as adjustment for any such service interruption. Customer hereby acknowledges that changes in the nature of the CHS Services that may be offered under these Terms that are beyond the control of CHS do not constitute grounds for any full or partial refund of any advance fees paid.
1. Taxes: Prices set out herein are exclusive of all taxes and Customer shall pay (and CHS shall have no liability for), any taxes, tariffs, duties and other charges or assessments imposed or levied by any government or governmental agency in connection with this Agreement, including, without limitation, any federal, state and local sales, use, goods and services, value-added and personal property taxes on any payments due CHS in connection with the CHS Services provided hereunder, except for tax based solely on the net income of CHS.
2. Term and termination:
o Term. This Agreement will commence on the date you agree to this Agreement and continue on a month-to-month basis unless terminated earlier in accordance with this Section (“Term”).
o Termination. Customer may terminate this Agreement at any time for any reason by providing written notice to CHS. CHS reserves the right to suspend or terminate your account and use of the CHS Services and the Software, at any time, without notice, for any reason, at our sole discretion, including but not limited to the following:
1. if any check drafts authorized under this Agreement are returned unpaid;
2. breach of these Terms, including policies or guidelines set forth by CHS elsewhere;
3. conduct that CHS believes is harmful to other users of the CHS Services or the business of CHS or other third party information providers (including slowing down the servers and affecting other users)
o Effect of Termination. Except to the extent agreed to in writing by the parties, upon the termination of this Agreement:
1. CHS shall be entitled to immediately cease providing the CHS Services;
2. CHS shall be entitled to immediately terminate Customer’s access to the CHS Service;
3. Customer shall forthwith pay to CHS all amounts owing under this Agreement on the date of termination;
4. The rights granted under Section 1 will automatically terminate
o Further, Customer agrees that CHS shall not be liable to Customer or any third party for any termination of your access to the CHS Services. CHS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CHS Services (or any part thereof) with or without notice. Customer agrees that CHS shall not be liable to Customer or to any third party for any modification, suspension or discontinuance of the CHS Services.
o Return of Confidential Information. Upon the termination of this Agreement for any reason whatsoever, each party may request of the other that all documents, information, data and/or software however recorded, which contain any of the other’s Confidential Information be returned, provided that the party shall be entitled to charge a reasonable fees and materials charge for doing so. If no request is received for the return of Confidential Information within 30 days of the termination of this Agreement, the Confidential Information shall be destroyed within a reasonable time thereafter and shall not be used for any purpose whatsoever. While CHS uses reasonable precautions to ensure your database is secure and protected, Customer understands and agrees that CHS is under no obligation to export, extract, retrieve or ‘massage’ your database.
3. Limited Money Back Guarantee: CHS guarantees satisfaction with the results from participation in the "Performance Eating" Online Program for a time period of no more than ninety (90) days after completing participation in the program. This guarantee requires full participation in the program by viewing all included videos and utilizing all tools and downloads provided. If for any reason you feel that the program does not deliver the results promised, we will refund the full purchase price minus processing fee. Participants desiring a full refund must contact CHS (ken@culinaryhealthsolutions.com) via email stating the reasons for your refund request. Refunds will be issued in the form of a check, upon approval, mailed to a U.S. address, made out to the participant, no less than thirty (30) days from the date of receipt of said email.
4. Disclaimer: The materials on CHS’s website are provided “as is.” and has not been evaluated by the Food and Drug Administration. This program is not intended to diagnose, treat, cure, or prevent any disease. CHS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties (except for the "Money Back Guarantee"), including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CHS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
5. Access to CHS Services: Customer is responsible for obtaining all hardware, software and services, which are necessary to access the CHS Services including without limitation, all computers, web browsers, and services provided by an Internet service provider.
6. Limitations: In no event shall CHS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on CHS’s Internet site, even if CHS or a CHS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Revisions and Errata: The materials appearing on CHS’s website could include technical, typographical, or photographic errors. CHS does not warrant that any of the materials on its website are accurate, complete, or current. CHS may make changes to the materials contained on its website at any time without notice. CHS does not, however, make any commitment to update the materials.
8. Links: CHS is not responsible for content of any of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CHS of the site. Use of any such linked website is at the user's own risk.
9. Site Terms of Use Modifications: CHS may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
10. Governing Law: Any claim relating to CHS’s website shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions.