AIB INTERNATIONAL – TERMS OF SALE
Last Revised: July 25, 2022
You should carefully read these AIB INTERNATIONAL –TERMS OF SALE (“Terms”) before submitting any orders for purchase or enrollment in offered curriculum, as THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, including a BINDING ARBITRATION AGREEMENT and CLASS ACTION & JURY TRIAL WAIVER CLAUSE. Except for certain types of disputes described in the Arbitration section below or if prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Section 1 – Scope and Application
(“AIB”, or “us” or “we” or “our” as required). THESE TERMS APPLY TO ALL OFFERS, SALES, RESERVATIONS, ENROLLMENT IN CURRICULUM, AND PURCHASES OF ALL PRODUCTS OR SERVICES (“OFFERINGS”) THROUGH THE ONLINE ORDER FORM(S) AVAILABLE AT WWW.AIBINTERNATIONAL.COM, (THE “SITE”). BY ORDERING OR PURCHASING ANY OFFERINGS THROUGH THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREE TO BE BOUND BY THESE TERMS AS WELL AS ANY ADDITIONAL TERMS AS PROVIDED IN SECTION 1.3 AND ANY ORDER CONSUMMATED THROUGH THE SITE IS CONDITIONED ON YOUR ACCEPTANCE OF THE SAME. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST NOT COMPLETE YOUR ORDER OR ENROLLMENT.
Section 2 – Order Placement & Acceptance; Online Contracting
2.1 When you place an order to reserve, purchase and/or pay for Offerings through the Site, you agree that your order is an offer to purchase or reserve the Offerings listed in your order that may be accepted or rejected for any reason. We reserve the right to revoke any offer or to refuse any order that you place through the Site. We may, in our sole discretion, limit or cancel quantities or enrollments purchased per person, per household or per transaction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. This Agreement is subject to any Additional Terms that you accept in connection with completion of a transaction on the Site.
2.2 Upon placing an order you will receive an order acknowledgement to your registered email detailing the products or services ordered, but your order will not be accepted until approval by your chosen payment method is received, at which point you will receive an order confirmation (i.e., payment confirmation) email. ALL ACCEPTED ORDERS ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE CANCELLATION AND REFUND POLICY OUTLINED IN SECTION 4 BELOW.
2.3 AIB reserves the right to assign or fulfill orders for Offerings from third party suppliers and in that event the order may be subject to Additional Terms of third-party suppliers. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.
Section 3 – Prices; Site Errors; Payment
3.1 Prices on the Site are subject to change without notice but will only apply to orders placed after such changes. Prices for Offerings purchased are those in effect when an order is received and will be set out in the order acknowledgment. Prices are quoted and will be paid in U.S. dollars. Unless otherwise indicated on the Site, prices exclude taxes (if applicable), which are additional and will be itemized in the order confirmation.
3.2 While every effort is made to ensure the accurate display of Offerings on the Site, the depiction may depend on the viewer’s monitor or mobile device and may not be accurate. Additionally, the material on the Site may be changed, updated and/or deleted without notice and are subject to correction for technical, clerical or typographical inaccuracies or errors. We do not guarantee the accuracy or completeness of any information contained on the Site, including pricing, product images, specifications, or availability and we will not be responsible for any such inaccuracies or errors. We reserve the right to correct any errors, omissions, or inaccuracies, and to change or update information at any time without prior notice (including after you have submitted an order). Orders placed through the Site may be declined or cancelled for any lawful reason, including without limitation, due to the foregoing issues or if an Offering is unavailable, reached maximum capacity, or out of stock.
3.3 Payment or pre-authorization of funds by credit card or other payment method accepted by the Site is required before an order will be confirmed. BY SUBMITTING SUCH INFORMATION YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION AND YOU GRANT US THE RIGHT TO PROVIDE SUCH INFORMATION TO THIRD PARTIES FOR PURPOSES OF FACILITATING THE TRANSACTIONS INITIATED BY YOU OR ON YOUR BEHALF. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. You shall remain responsible for any taxes that may be applicable to such transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.
3.4 Pricing is non-refundable except as specified in Section 4.1 below.
Section 4 – Cancellations and Refunds
4.1 AIB will honor any requests to cancel enrollment in any class if received in writing prior to the first day of class and will issue refunds as follows:
4.1.1 Public Seminars
4.1.2 Online Courses
AIB will permit cancellations for enrollment in an online course if AIB receives cancellation in writing within 30 days following registration and the class has not commenced. AIB will issue a full (100%) refund of the registration fee for that course or allow for a one-time transfer of enrollment to a different Offering of comparable value. You must select a transfer Offering at the time of cancellation by emailing us at [email protected]. AIB will only enroll you in an online course that has not started yet. If there is a difference in price between the original registration fee and the transfer Offering registration fee, you must pay the difference in price.
4.2 AIB reserves the right to cancel any Offering in its sole discretion. In the event of cancellation by AIB will issue full (100%) refund. The liability of AIB as a result of cancellation of Offerings shall be limited to the amount paid for registration in the respective Offering.
Section 5 – Certificates
5.1 Following the completion of certain Offerings, AIB may issue you a certificate of completion. If you completed an Offering in 2016 or after, you may reprint your certificate of completion through your Learning Lab account. If you are unable to access your Learning Lab account, please contact us at [email protected]. Certificates of completion are not available for reprint if you completed an Offering prior to 2016.
5.2 If you completed a Baking Science and Technology Residence Offering, please contact [email protected] for a reprint of your certificate. AIB reserves the right in its sole discretion to charge a fee for a reprint of any certificate of completion.
Section 6 – Access and Force Majeure
6.1 The Site offers products, services, and other Offerings for purchase by you. Specific services or products may have certain access rights, however, we cannot guarantee access will be available at all times.
6.2 The Offerings may have limited capacity, and we reserve the right to refuse or deny access at our sole discretion.
6.3 In no event shall we be responsible or liable for any restrictions or limitations to the Offerings purchased hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, pandemics, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
Section 7 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN ALL OFFERINGS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AIB MAKES NO WARRANTY THAT (a) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, (b) THE OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY OFFERINGS PURCHASED OR OBTAINED FROM THE SITE OR FROM AIB OR AIB’S AFFILIATES WILL MEET EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. AIB MAY MAKE CHANGES TO THE OFFERINGS ON THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE ON THE SITE MAY BE OUT OF DATE, AND AIB MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS. THE USE OF THE OFFERINGS OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES. AIB MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE SITE, AND USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT USER’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY AIB OR ANY OTHER OF AIB’S AFFILIATES. AIB RESERVES THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. AIB SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD AIB EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, CHANGES IN THE OFFERINGS, ADDITIONAL TERMS ASSOCIATED THEREWITH, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS.
7.2 NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF AIB AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE OFFERINGS ORDERED OR OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE THE AMOUNT PAID BY YOU FOR THE OFFERINGS RECEIVED (IF ANY).
7.3 AND EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF PROPERTY, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION IN CONNECTION WITH YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE OR OFFERING, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Section 8 – Transferability; Compliance
8.1 You agree in placing orders through the Site for certain Offerings such as enrollment in AIB offered curriculum you are purchasing an Offering contemplated for use by a designated individual user and shall not be transferable to any other entity or individual absent consent from AIB in writing. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY IMPLIED WARRANTY ONLY EXTENDS TO THE INDIVIDUAL PERSON IDENTIFIED AS THE RECIPIENT AT THE TIME OF ORDER.
Section 9 – Notices
9.1 Unless otherwise specified, please send communications to us under these Terms via email to [email protected]. We may update this notice information by notice on the Site.
9.2 Notices to you under these Terms may be sent by sending a message to the email address you provide or by posting to the Site. Notices sent by email will be effective when sent. Posted notices are effective upon posting. It is your responsibility to keep your email address current.
Section 10 – MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
10.1 Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below. In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Offerings, or any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
10.2 You and we agree that your use and/or purchase of the Offerings involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings. If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
10.3 If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
10.4 If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.
10.5 If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, Offerings, and any other actions with us.
You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at [email protected] and including in the subject line “Rejection of Arbitration Provision.”
Section 11 – Governing Law and Venue
Section 12 – General
12.1 No amendment to these Terms will be valid unless made in writing and agreed to by AIB. These Terms are the final and integrated agreement between you and us with respect to their subject matter. Except as otherwise specifically provided herein, these Terms do not provide any rights or remedies to any person or entity other than you and us. You may not assign your rights or delegate your obligations under these Terms to any other person or entity without our prior written consent, and any attempt to do so without consent is void. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision, and a waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
Section 13 – Questions
13.1 If you have any questions or comments about these Terms or this Site, please contact us by email at [email protected]. You also may write to us at:
AIB International, Inc.
Attn: Privacy Compliance Officer
PO Box 3999
1213 Bakers Way
Manhattan, KS 66503