Terms of Use | Veggiecation© a Culinary-Nutrition Education Program About Vegetables
Terms of Use

Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms of Use.  If you do not agree to be bound by these Terms of Use, do not use this Site.  Veggiecation, LLC may change or modify these Terms of Use at anytime.

This web site, together with any sub-sites that are accessible through it, (collectively, this "Site") is owned, operated and maintained by Veggiecation, LLC (“Veggiecation”).

You must be at least 18 years of age to use this Site.  By using this Site and agreeing to these Terms of Use you represent and warrant that you are at least 18 years of age. 

Some portions of the Site may be subject to additional terms and conditions which will be available for your review prior to accessing them.  Such terms and conditions will not change or replace these Terms of Use, unless otherwise expressly stated. 

We reserve the right to modify, alter, update, or remove portions of these Terms of Use at any time without notice.  Your continued use of the Site signifies your acceptance of any changes.    

 

User Conduct

You agree to provide true, accurate, current and complete information about yourself upon registration and to maintain the accuracy of such information. 

You agree to comply with all local laws and rules regarding online conduct and acceptable content, including applicable laws related to the transmission of technical data exported from the United States. 

 

You agree not to use the Site to:

Sell any non-Veggiecation products or materials.

Promote any non-Veggiecation events, materials, companies, or products.

Upload, post, send, email, transmit, publish, distribute, disseminate, communicate or otherwise make available (“Post”) any content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, false, or inaccurate, invasive of another’s privacy, hateful, or sexually, racially, ethnically discriminatory or is otherwise objectionable; (ii) you do not have the right to make available under any law or contractual or fiduciary relationship; or (iii) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

Post or partake in any activity related to unsolicited or unauthorized advertising or promotional materials including, but not limited to, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. 

Post any material that contains (or is linked to) any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunication equipment such as, but not limited to, spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or any other malicious computer software.

Interfere with, or disrupt the Site or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

Stalk or otherwise harass any other person.

Promote any criminal activity or provide instructional information about any illegal activities.

Solicit passwords or to collect or store personal identifying information from other users.

Impersonate any person or entity or forge anyone’s digital or manual signature or attempt to gain unauthorized access to Veggiecation or any other person’s computers, software, or data.

Veggiecation reserve the right to do the following:

Remove any Posts or content it deems inappropriate for the Site, or for any or no reason.

To make all final decisions as to what is considered proper and improper for the Site.

To prohibit use of the Site by any user who, at the sole discretion of Veggiecation, violates these Terms of Use.  Such a prohibition may occur without notice to the user. 

To investigate suspected violations of these Terms of Use, including the gathering of information from the user or users involved and the complaining party, if any.  You authorize Veggiecation and any of its affiliates, or service providers to cooperate with the following: (a) law enforcement authorities in the investigation of suspected criminal activities; and (b) system administrators at Internet service providers or other network or computing facilities, or other third parties, in order to enforce these Terms of Use.  Such cooperation may include the disclosure of personally indentifying information. 

You agree to indemnify and hold Veggiecation and its officers, directors, employees and agents (“Indemnities”) harmless from any claims, damages, losses, costs (including reasonable attorney’s fees) that arise out of any action taken by the Indemnities during or as a result of their investigation and/or from any actions taken as a consequence of such an investigation by the Indemnities or any law enforcement authority. 

Privacy

Please review our Privacy Policy located at which also governs your use of the Site and to understand how we collect and use information about you. 

 

Disclaimers and Warranties

THE CONTENT AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. VEGGIECATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VEGGIECATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  VEGGIECATION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. VEGGIECATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU (AND NOT VEGGIECATION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION. 

UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VEGGIECATION BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY DOWNLOADABLE MATERIALS, EVEN IF VEGGIECATION OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL VEGGIECATION’S TOTAL LIABLITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO VEGGIECATION, IF ANY, FOR ANY PRODUCTS OR SERVICES ON THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE ABOVE LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Limited or Restricted Access

Access to certain areas of the Site is restricted.  Veggiecation reserves the right at its absolute and sole discretion to restrict access to any area of the Site, or even the whole Site.

You are responsible to maintain the confidentiality of your password and account information, and are responsible for all activities that occur under your password or account.  You agree to immediately notify Veggiecation of any unauthorized use of your password or account, or any other breach of security.  We may disable your password and account at any time in our sole discretion with or without notice or explanation.

 

Our Use of Your Content

For the purposes of these Terms of Use “your content” means any material (including, but not limited to text, images, audio material, video material and audio-visual material) that you submit to the Site, for any purpose.

You hereby grant Veggiecation (including its parent, affiliates, subsidiaries, representatives and assigns, employees, advertising and promotional companies, or any person(s) or corporation(s) acting under its permission or authority) a worldwide, irrevocable, non-exclusive, perpetual, royalty-free license to publish, reproduce, distribute, videotape, photograph, record, create derivative works of, and/or otherwise use your content in any existing or future media.  You also grant to us the right to sub-license these rights and the rights to bring action for infringement of these rights. 

You warrant and represent the following with respect to your content:

It will not be illegal or unlawful, or infringe on any third party’s rights.

You will not submit any content to the Site that is or was ever the subject of any threatened or actual legal proceeding or other similar complaint.

 

Links to Third Party Websites

This Site may include links to third party websites.  Veggiecation has no control over such sites and you acknowledge and agree that Veggiecation is not responsible for the availability of such sites and is not responsible or liable for any content, advertising, products or other materials on or available from such sites. You also acknowledge and agree that Veggiecation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site. 

 

Release and indemnity

You expressly and irrevocably release and forever discharge Veggiecation, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debt, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereinafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of this Site and the products or services available on this Site.

You agree to indemnify and hold harmless Veggiecation, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including attorneys' fees)  resulting from or arising out of or relating to (i) a breach of these Terms of Use; (ii) content posted on the Site; (iii) your purchase of or participation in any service offered by Veggiecation, including, but not limited to the Workshop and the Veggiecator educator program (as defined in the Site) and any instructional, educational or other services provided by you in connection with Veggiecation or the Veggiecator educator program; (iv) your advertising or promotional materials or activities; or (v) or your violation of any rights of a third party.

 

Applicable Laws and Jurisdiction

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding use of this Site and your purchase of the products and services on this Site. 

Veggiecation controls the Site, excluding third party linked sites, from its corporate offices in the State of New Jersey, United States.  Veggiecation makes no representation that the content is appropriate or available for use in other locations, and accessing this Site or content from jurisdictions where such access or the content is illegal is prohibited.

These Terms of Use and the Site shall be governed and construed in the accordance with the laws of the State of New Jersey, United States, excluding the State’s choice of law principles and all claims relating to or arising out of these Terms of Use or the Site whether sounding in contract, tort, or otherwise, shall likewise be governed by the laws of the State of New Jersey, United States, excluding the State’s choice of law principles. 

Any dispute arising under or in connection with these Terms of Use or the Site, or is related in any manner to the subject of the Terms of Use or the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Bergen Country, New Jersey, United States.

 

Copyrights and Trademarks

Usage of the site and content are reserved to Veggiecation and its licensors and are protected by the copyright laws in the United States and other countries.  All copyright, trademark, and other proprietary rights in the Site and in the services, products, educational materials, recipes, software, text, graphics, design, elements, audio, music, and all other materials originated or used by Veggiecation on the Site or elsewhere are reserved to Veggiecation and its licensors. 

VEGGIECATION®, VEGGIECATOR™, and VEGGIECATION, FOR THE LOVE OF VEGETABLES AND DESIGN®  and other VEGGIECATION® and VEGGIECATOR™ logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks, or trade dress of Veggiecation.  Veggiecation’s trademarks and trade dress may not be used in connection with any product or service without the express written consent of Veggiecation. 

In addition, the Site may contain trademarks, logos, and links to the web sites of third parties.  Any domain names, URLS, trademarks, or logos appearing on the Site are the sole property of their respective owners.

 

Copyright Complaints

Veggiecation respects the intellectual property rights of others.  It is, therefore, our policy to respond promptly to any claim that content posted on the Site infringes the copyright or other intellectual property rights of any person.  Veggiecation will use reasonable efforts to investigate any notice of alleged infringement and will take appropriate action if it believes an infringement has taken place.  This includes, but is not limited to, removing or disabling access to the content claimed to be an infringement or terminating a user’s account or access to restricted areas of the Site.

If you believe any content infringes your copyright, please submit your notice in writing to us to the attention of “Copyright Infringement” to info @ veggiecation.com and include the following information: (a) an electronic of physical signature of the person authorized to act on behalf of the information; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where to the content that you claim has been infringed is located; (d) your contact information – address, telephone number, email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner; (f) a statement by you, that you are the copyright owner or authorized to act on behalf of the copyright owner’s behalf.

If we remove or disable access to content in response to a notice of infringement, we will make a reasonable attempt to contact the user who posted the affected content.  If you feel your content is not infringing, you may provide Veggiecation with a counter notice to info @ veggiecation.com sufficient to help Veggiecation make a reasonable determination.  However, Veggiecation reserves the right to remove any Posts or content from the site for any or no reason. 

 

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have the authority to bind Veggiecation in any respect whatsoever.  The failure of either party to exercise any right provided for in these Terms of Use shall not be deemed a waiver of any future rights hereunder.   If any provision of these Terms of Use is found to be unenforceable or invalid, the provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect.  Veggiecation may transfer or assign or delegate these Terms of Use and its rights and obligations without consent.  You agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use, and that all modifications must be in a writing signed by both parties. 

 

How to Contact Us

This Site is owned and operated by Veggiecation, LLC located at PO Box 5121, Ridgewood, NJ 07451-512. You can contact us by e-mail at info @ veggiecation.com

Last update August 13, 2013.

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