BY CLICKING ADD TO CART – I AGREE TO THE FOLLOWING TERMS & CONDITION
VEGGIECATOR EDUCATOR CERTIFICATION TERMS AND CONDITIONS
Thank you for choosing to participate in Veggiecation, LLC’s (collectively “Veggieication,” “us,” “we,” or “our”) Veggiecator Educator Training Workshop (the “Workshop”). By purchasing, enrolling, or participating in the Workshop you (“you”) agree to the following terms and condition, and any amendments thereto, (the “Terms and Conditions”) apply to and govern your purchase, enrollment, participation in and all of your activities relating to the Workshop and as a certified Veggiecator® educator. If you do not agree to the Terms and Conditions, please do not purchase, enroll, or participate in the Workshop.
1. Veggiecator Educator Certification Description The Workshop is designed to teach individuals how to and become licensed to teach Veggiecation’s unique and proprietary nutritional educational programs and services which are designed to introduce and educate children about the wonderful, delicious and nutritious world of vegetables and health eating. Upon purchasing and enrolling in the Workshop you will receive course materials and participate in a web based Workshop during which you will explore and learn in-depth details about Veggiecation’s unique programs. After successfully completing the Workshop you will receive a Veggiecator Educator Certificate of Completion and, subject to these Terms and Conditions, be granted a personal, revocable, limited, non-exclusive and non-transferable, non-sub-licensable license to participate in Veggiecation’s Veggiecator educator program, and for a period of one (1) year (12 months from the date Veggiecation sends you notice that you successfully completed the Workshop) to teach Veggiecation classes and to use VEGGIECATION, VEGGIECATOR and other trademarks owned by or licensed to Veggiecation in your class schedules and to refer to yourself as a certified Veggiecator educator. Upon completion of the Workshop you will also be eligible to join the Veggiecator Educator Network (“VEN”). Membership in VEN provides a number of benefits and resources in the areas of marketing, continuing education, community relations and entrepreneurship. Membership in VEN allows you to teach Veggiecation classes and be granted a limited non-transferable license to use Veggiecation’s trademarks, logos and marketing materials for life so long as you remain a member of VEN in good standing.
2. Becoming a Veggiecator Educator To become a certified Veggiecator educator, you must agree to and comply with these Terms and Conditions and, subject to applicable law, rules and regulations, comply with the following:a. Age. Be 18 years or older.b. Workshop. Purchase, enroll and successfully Complete the Workshop.c. Required Personal Background Check. Since Veggiecation’s educational programs are designed for and involve children, in the interest of child safety and in accordance with best practices, Veggiecation has determined that background checks are required for all Workshop participants and Veggiecator educators. Prior to participating in a Workshop you must provide Veggiecation, at your own expense, the results of a background clearance (the “Background Check”). For Information about how to obtain an appropriate Background Check clickhere. Veggiecation understands that there may be delays in the processing of a Background Check or last minute registrations which will delay Veggiecation’s receipt of the results of the Background Check until after the Workshop. In such cases you may attend the Workshop if you provide Veggiecation with proof that the Background Check has been ordered. However, you will not be provided with a Certificate of Completion, be permitted to refer to yourself as a certified Veggiecator educator and you will not be granted a license to utilize Veggiecation’s trademarks and other intellectual property or permitted to teach any Veggiecation educational programs until satisfactory results from the Background Check are received by Veggiecation. Any notation on the Background Check regarding prior offenses will automatically disqualify you from participating in a Workshop or receiving any type of license from Veggiecation. For the avoidance of doubt you will not be granted permission to refer to yourself as a Veggiecator educator and will not be permitted to use any of Veggiecation’s materials or to teach any of Veggiecation’s educational programs. Such disqualification will not entitle you to a refund of any fees paid.d. Insurance. During the time you are licensed to use any of Veggiecation’s trademarks and other intellectual property rights you must purchase, maintain and keep in force, at all times, insurance covering the following types of risks: personal injury, property damage and professional errors and omissions. Such insurance shall be with reputable carriers that are reasonably acceptable to Veggiecation and Veggiecation shall be a named insured on such policies. The policy limits for each risk shall be at least[ ] in the aggregate. Upon request you shall provide a Certificate of Insurance and evidence of premium payments to Veggiecation showing compliance with this paragraph.
3. Advertising and Promotional Activities a. In General. Certified Veggiecator educators shall safeguard and promote the good reputation of Veggiecation and Veggiecation’s products and services. Any advertising or marketing you conduct must only be as specifically permitted in these Terms and Conditions, and may not be discourteous, illegal, offensive, deceptive, misleading, unethical or immoral. You are responsible for the accuracy, legality, and legitimacy of any and all content in your advertising. To the extent Veggiecation provides you with materials for use in connection with the advertising and promotion of your Veggiecator educator services such materials must be used without change or modification by you.b. Veggiecation’s Trademarks. Veggiecation® is the owner of the trademarks VEGGIECATION and VEGGIECATOR and variations including, but not limited to the following trademarks (the “Veggiecation Marks”):[ c. Use of the Veggiecation Marks. Certified Veggiecator educators may use the following:i. The Veggiecation Marks. You may use the Veggiecation Marks only in the form and format and as specifically provided to you by Veggiecation. Unless you are participating in the VEN and the terms and conditions of the VEN allow for additional uses, you may not use any logo form of the Veggiecation Marks in a size larger than 2 inches wide by .5 inch tall, and you may not use the marks more than once on any single advertisement or webpage. Any use of the Veggiecation Marks must include the registered trademark symbol (“®“), and must be accompanied by the following statement: “[VEGGIECATION or VEGGIECATOR],[ or any other Veggiecation Mark] are registered trademarks of Veggiecation, LLC.”]ii. Text uses of the Veggiecation Marks. A certified Veggiecator educator may use “VEGGIECATION” and “VEGGIECATOR educator” in text format. Any use of the Veggiecation Marks in a text format must be in plain text, must not be combined with any logo or design, must include the registered trademark symbol (“®“), and must be accompanied by the following statement: “[VEGGIECATION or VEGGIECATOR is a registered trademark of Veggiecation, LLC.”]d. Internet or other web-based advertising. A Veggiecator educator may utilize a personal website or other online communication facility (such as blog sites, social media, message boards, and others) to promote the fact that he/she is a certified Veggiecator educator. All personal websites or other online communication facility must comply with these Terms and Conditions.e. Use of Veggiecation Intellectual Property/Material. You may not use any Veggiecation Intellectual Property or Veggiecation Material (both as defined below) unless such use is specifically pre-approved by Veggiecation in writing. In addition, you may not use or attempt to register VEGGIECATION, VEGGIECATOR or , any other Veggiecation Mark or tradename, or anything confusingly similar thereto, as or in connection with any symbols, keywords, advertisement buys, hidden text, or any other activities that are considered Internet optimization; as or in any domain name; or as or in any account name, user ID or other handle within any blogs, social networking websites, or any “posting” sites such as (but not limited to) Facebook, YouTube, Myspace, Blogspot, Flickr, or Twitter; or as the numbers/designations within a telephone number. In addition, without the express written consent of Veggiecation, you may not use in any advertising any other Veggiecation Material (as defined below), including any videos, text or other content owned or used by Veggiecation on or in connection with its own websites, products, services, or marketing and advertising.f. Compliance with Laws. All advertising activity by a certified Veggiecator educator, including all advertising and promotional material, must fully comply with all applicable laws, rules and regulations, including but not limited to those relating to email solicitation, mobile texting (SMS or otherwise), telephone and faxing, privacy, and personal data and data collection and use. g. Listing of Veggiecator Educators. Veggiecation may post a list of certified Veggiecator educators online for consumers to view. By purchasing and enrolling in the Workshop you expressly authorize Veggiecation to publish certain personal information about you on its website or other online postings, including your name, geographic location, and certification standing (i.e., whether or not you are in good standing).h. Other Advertising Restrictions. In addition to all other terms, conditions, and restrictions herein, you may not, without the prior, express written consent of Veggiecation:i. Create or use, or encourage any third party to create or use, any of the Veggiecation Materials (defined below) in any advertising, promotional or other goods or items, including any apparel (including, for example, T-shirts, caps or other similar items), key chains, cooking utensils and equipment, etc.;ii. Except pursuant to Veggiecation’s prior written approval allow any third party (including any location where or entity for which you may be providing any services) to advertise your Veggiecator educator services, or use any Veggiecation Materials in advertising or marketing material or otherwise;iii. Conduct any television, video, streaming, or radio advertising;iv. Use any advertising or promotional material not provided by Veggiecation that is larger than 11 inches by 14 inches in size;v. Use the image of any Veggiecation officer, director or employee;vi. Use the Veggiecation Marks, or any Veggiecation Material, in the promotion, advertising or sale of any non-Veggiecation related product or service; and/orvii. Use any third party trademark, brand or logo on or in connection with any advertising or promotion you conduct for your Veggiecator® educator services.
4. Veggiecation Ownership a. Intellectual Property. You acknowledge and agree that Veggiecation is and at all times will be the sole owner of (a) all trademarks, trade names, trade dress, logos, other indicia of origin, designs, inventions, patents, original works of authorship and other copyright protected materials, trade secrets, methods and processes, concepts, ideas, and other intellectual property or proprietary information Veggiecation owns and/or uses on or in connection with its products, services and/or business (collectively the “Veggiecation Intellectual Property”) and (b) all advertisements, promotional or marketing materials, still and moving images and other recorded material, text, prints, packaging, and any other materials Veggiecation owns and/or uses on or in connection with its products, services and/or business (collectively with the Veggiecation Intellectual Property, the “Veggiecation Materials”).b. Limited License. Subject to your successful completion of the Workshop, the Background Check, meeting all the Veggiecator educator requirements, and your compliance with these Terms and Conditions, you are acquiring and Veggiecation grants to you a personal, revocable, limited, non-exclusive and non-transferable, non sub-licensable license to use certain Veggiecation Intellectual Property as specifically set forth herein, as well as to display your Veggiecator Educator Certificate of Completion for your own personal use. You agree that you will not make any use of any Veggiecation Materials contrary to these Terms and Conditions.c. Acknowledgement. You acknowledge and agree that Veggiecation is and at all times has been and will be the sole and exclusive owner of all rights in and to the Veggiecation Materials, including all goodwill associated with the Veggiecation Intellectual Property. You will do nothing inconsistent with Veggiecation’s sole and exclusive ownership of the Veggiecation Materials, and nothing in these Terms and Conditions shall be construed as a transfer or assignment of any rights to you in or to the Veggiecation Materials. Any and all use by you of the Veggiecation Materials shall inure to the sole benefit of Veggiecation. You agree that you will not make any modification to any Veggiecation Materials, or use, exploit, or exhibit any Veggiecation Materials except as expressly authorized by these Terms and Conditions.d. Specific Restrictions. Without the prior, express written permission of Veggiecation, you may not copy, reproduce, create derivative works of, distribute, sell or otherwise use any copyright-protected material, Veggiecation Materials, or any other content owned or used by Veggiecation, including any materials provided during the Workshop, any product, nutrition or other guides, any Veggiecation web content, or any other Veggiecation content or materials. You may not at any time apply for, register or attempt to register, Veggiecation, Veggiecator, any of the Veggiecation Marks, or any of the Veggiecation Intellectual Property, or anything that includes or is or similar to the same, whether as a trademark, trade name, service mark, brand, logo, domain name, or other identifier of source.e. Examples. Upon request from Veggiecation you will provide examples of all materials used by you which include any Veggiecation Materials and without restriction as to any other remedy available to Veggiecation, shall cease all use of any materials objected to by Veggiecation.
5. Cancellation Fees and Refunds You may cancel your Workshop enrollment at any time, however depending on when you cancel, you will be subject to the following fees (the “Cancellation Fees”) that will be deducted against any refunds we return to you:a. If you cancel at least fourteen (14) days before your scheduled Certification Workshop date, there will be no Cancellation Fee.b. If you cancel anytime less than fourteen (14) days before your scheduled Workshop, there will be a $100.00 Cancellation Fee.c. You will not receive any refund if there are any negative notations about you on the Background Check, or if you attempt to cancel after becoming Veggiecator educator.
6. Term and Termination a. Term, Continuing Education, and Renewal. Unless earlier terminated as provided for herein, your Veggiecator educator certification is valid for a period of one (1) year from Veggiecation sending notice to you of your passing the Workshop (“Term”). At the end of the one (1) year Term, in order to renew, you will have to meet certain additional continuing education requirements (in the form of completing an online learning program or otherwise), as well as pay a renewal fee. As of July 2013, the cost of the continuing education program and renewal fee is two-hundred and five dollars ($205.00). Veggiecation may determine in its sole discretion (i) to increase or decrease the fees required to renew your certification, and/or (ii) that a certified individual’s participation in the VEN program will satisfy, in whole or in part, the renewal-related continuing educational requirements and/or renewal fee.b. Termination/Revocation. Your status as a Veggiecator educator will be revoked and terminated immediately in the event that: (i) you breach any term, condition, or provision hereof; (ii) you take any action or conduct deemed by Veggiecation, in its sole discretion, to be detrimental or disruptive to Veggiecation, and/or any of the Veggiecation Intellectual Property; (iii) you have not met the continuing education requirement in the timeframe and as required by Veggiecation; or (iv) Veggiecation discontinues offering the Veggiecator educator program. In addition, Veggiecation® may terminate or revoke your Veggiecation educator status and/or prevent you from becoming Veggiecator educator for any or no reason in Veggiecation’s sole discretion, provided that if such revocation, termination or prevention is not due to any of the reasons listed in this section or any other valid and good faith reason, Veggiecation will provide a pro-rata refund in Veggiecation’s discretion.c. Actions upon Termination/Revocation. Upon termination or revocation, you must immediately cease any and all use of your any Veggiecation Materials (including referring to yourself in any manner as a Veggiecator educator), and promptly return all Veggiecation Materials to Veggiecation.
7. Use of Name, Image or Likeness 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 perpetual, royalty-free license to publish, reproduce, distribute, videotape, photograph, record, create derivative works of, and/or otherwise use your name, image, voice, statements and/or likeness in connection with the Veggiecator educator program, and/or any Veggiecation promotion or advertisement, in any media now known or hereinafter devised, in such manner, for such purposes and with such frequency as Veggiecation shall determine in its sole discretion without further compensation or consideration to you, without any attribution to you, and without further authorization by you.
8. Non-Disparagement While Veggiecation welcomes constructive input and suggestions, negative comments and remarks made in any public forum (online, written, or while providing instruction or educational services) by a Veggiecator educator about Veggiecation, its directors, officers, or employees, its products or services should be avoided, and you must not disparage, demean, or make negative remarks about Veggiecation, or Veggiecation’s products or services, or Veggiecation’s directors, officers, or employees.
9. Acknowledgement You understand, acknowledge and agree that:a. Veggiecation reserves the right to suspend or terminate your Veggiecator educator certification as well as the right to prevent you from becoming a Veggiecator educator or to prohibit your participation in the Veggiecator educator program for any violation of these Terms and Conditions, and/or for any action that, in Veggiecation’s sole discretion, would tend to harm or disrupt Veggiecation, and/or any Veggiecation brand, product or service;b. You have no right to and may not “certify” others pursuant to the Veggiecator educator program;c. Veggiecation does not guarantee any level of success or income generated by or in connection with the Veggiecator educator program or being a certified Veggiecator educator;d. You may be subject to testing or other similar review and renewal processes by Veggiecation on a yearly or other basis in Veggiecation’s sole discretion to ensure that you remain up to date and knowledgeable on Veggiecation’s educational programs and related products and services;e. You may not sub-license, rent, transfer or otherwise allow any third party to use your Veggiecator educator Certificate of Completion; andf. (g) You may not use any material you received in connection with the Workshop in connection with any other educational instruction you provide other than the instruction you provide pursuant to your Veggiecator educator certification.
10. Representations and Warranties a. You acknowledge, covenant, represent, and warrant that (i) any advertising or promotional materials you use shall be unique, proprietary and not infringe any intellectual property, personal, or other proprietary rights of any third party; (ii) you have the full authority to enter into these Terms and Conditions, you have the right to grant the rights set forth in these Terms and Conditions, and that entering into these Terms and Conditions does not violate or conflict with any prior agreements with or other obligations to any third parties; (iii) you, any services you provide, and your advertising and promotional activities and materials will comply with all applicable international, federal, state and local laws; and (iv) you have not engaged in any activity, made any commitment, or entered into any agreement inconsistent with or in derogation of the rights granted in these Terms and Conditions, and that you will not engage in any activity, make any commitment or enter into any agreement inconsistent with or in derogation of the rights granted in these Terms and Conditions.b. Veggiecation acknowledges, covenants, represents, and warrants that: (i) it has the full authority to enter into these Terms and Conditions, it has the right to grant the rights set forth in these Terms and Conditions and that entering into these Terms and Conditions does not violate or conflict with any prior agreements with or other obligations to any third parties; and (ii) it has not engaged in any activity, made any commitment, or entered into any agreement inconsistent or in derogation of the rights granted in these Terms and Conditions, and that it will not engage in any activity, make any commitment or enter into any agreement inconsistent or in derogation of the rights granted in these Terms and Conditions.
11. Indemnification You agree to indemnify and hold harmless Veggiecation, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any third party claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your purchase of or participation in the Workshop and the Veggiecator educator program and any instructional, educational or other services provided by you in connection with Veggiecation or the Veggiecator educator program, any violation by you of these Terms and Conditions, your advertising or promotional materials or activities, or your violation of any rights of a third party.
12. Limitation of Liability EXCEPT IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONS AND/OR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, A PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THREE (3) TIMES THE AMOUNT PAID BY YOU TO PURCHASE AND ENROLL IN THE WORKSHOP. EXCEPT IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONS, AND/OR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
13. Your Relationship with Veggiecation You acknowledge and agree that your participation in the Workshop and Veggiecator educator program does not establish an employer/employee, partnership, franchise, agency, joint venture or other similar relationship between you and Veggiecation. Neither party shall have, or represent itself as having, the authority to bind or commit the other party in any way, or to incur any liability in the name of or on behalf of the other party. You shall not make any statements or take any actions that may confuse or mislead any person regarding the nature of the relationship between you and Veggiecation.
14. General Terms a. Governing Law. These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of New Jersey (without regard to the choice of law or conflicts of law principles thereof). In the event of a dispute arising out of or in any way relating to these Terms and Conditions or the Workshop or the Veggiecator educator program jurisdiction and venue shall lie in the state or federal courts of the State of New Jersey, County of Bergen, and only in such courts. The parties hereby irrevocably waive any objections or defenses based on lack of jurisdiction, improper venue, and/or forum non-conveniens. To the extent allowed by law, the parties hereby waive the right to a jury trial in any action arising out of or in connection with these Terms and Conditions, the Workshop and the Veggiecator educator program and agree that any claims, disputes, or actions of any kind shall be resolved individually, without resort to any form of class action.b. Assignment. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. You may not assign, transfer, license, or sub-contract any of your rights or obligations under these Terms and Conditions without the prior, express, written consent of Veggiecation.c. Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.d. Waiver. Any waiver of any provision of these Terms and Conditions or of a party’s rights or remedies under these Terms and Conditions must be in writing signed by the party against which the waiver is sought to be effective. Failure, neglect, or delay by a party to enforce the provisions of these Terms and Conditions or its rights or remedies at any time, is not a waiver of such party’s rights under these Terms and Conditions and will not in any way affect the validity of the whole or any part of these Terms and Conditions or prejudice such party’s right to take subsequent action. Waiver of any provision shall not be deemed to waive the same provision thereafter, or any provision of these Terms and Conditions at any time. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy, nor shall it affect our ability to subsequently exercise that right or remedy. Any waiver of any provision in these Terms and Conditions must be agreed by us in writing.e. Entire Agreement. In addition to all other terms and conditions herein, by purchasing, enrolling, and/or participating in the Workshop and the Veggiecator educator program, you agree to Veggiecation’s privacy policy and website terms of use (located at www.Veggiecation.com). These Terms and Conditions constitute the entire agreement between the parties concerning its subject matter and replaces all prior correspondence, negotiations and understandings between the parties with respect to that subject matter, and the parties confirm that there are no side or collateral agreements, understandings, courses of dealing or trade usages that modify, vary, explain or supplement these Terms and Conditions. You recognize and agree that Veggiecation may add, delete, modify, revise or supplement these Terms and Conditions without notice to you at any time in our discretion, and that continuing with the Veggiecator educator program after any such revisions constitutes your agreement to the updated Terms and Conditions.
] in the aggregate. Upon request you shall provide a Certificate of Insurance and evidence of premium payments to Veggiecation showing compliance with this paragraph.