Terms of Service for American Institute of Baking (and affiliates) Websites
Online Services and Disclaimer of Warranty. The AIB web site provides online resources including, but not limited to, online information regarding AIB’s organization and services, and training materials for commercial bakery products and food safety for the commercial food and beverage supply chain. Any new services, offerings, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, offerings, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. AIB assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the AIB web site.
Offerings. AIB provides a number of offerings for Users on its web site, including eLearning courses. User is solely responsible for providing, at User’s own expense, all equipment necessary to use the services, including a computer and internet access (including payment of service fees associated with such access). Although AIB works hard to provide quality offerings, User understands and acknowledges that AIB cannot promise or guarantee specific results from using the web site or offerings available on the web site. User understands and agrees that temporary interruptions of the web site may occur as normal events that are out of AIB’s control. User also understands and agrees that AIB has no control over the third-party networks or service(s) that AIB may use to provide User with offerings. User agrees that the offerings available on the web site are provided “AS IS” and that AIB assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Payment. If User chooses to purchase one or more of the offerings provided on AIB’s web site, User agrees to pay all fees associated with the offerings. Any charges incurred by User’s purchase or use of the offerings, will be billed to the credit card AIB has on file for the User. In the event User signs up for a service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. User agree to provide AIB with accurate and complete billing information, including valid credit card information, name, address and telephone number, and to provide AIB with any changes in such information within five days of the change. If, for any reason, User’s credit card company declines or otherwise refuses to pay the amount owed for the offerings User has purchased, User agrees that AIB may, at AIB’s option, suspend or terminate performance of offerings or delivery of products and may require User to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to AIB. In the event legal action is necessary to collect on balances due, User agrees to reimburse AIB for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Informational Content Supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the AIB web site, or privately transmitted through the AIB web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the AIB web site. AIB does not and cannot control the informational content Users transmit through the AIB web site. Under no circumstances shall AIB be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall AIB be held liable for any errors or omissions in any informational content transmitted by Users.
User Conduct. User agrees to not use the AIB web site to:
upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
harm legal minors;
collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;
impersonate another User, person, or entity, including any official or employee of AIB;
intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
upload, post or transmit any software or files that contain software viruses or other harmful computer code;
nterfere with the operation of AIB’s web servers or other computers or Internet or network connections;
upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
Content Submitted by Users. AIB does not claim ownership of any informational content submitted by Users to the AIB web site. User grants AIB a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the AIB web site. This license exists only so long as User allows its content to remain on the AIB web site and will terminate in the event that User removes such content.
Indemnity. You agree to indemnify and hold AIB, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
No Resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the AIB web site or offerings.
Limits and Modifications. AIB may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the online communities, or to the number of times Users may access the AIB web site. AIB reserves the right to modify any and all portions of the AIB web site without notice. Under no circumstances shall AIB be liable to User or any other party for such limits or modifications.
Termination of User account. AIB may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall AIB be liable to User or any other party for such termination of User’s account.
Third party Advertisers. AIB may allow third party advertisers to advertise on the AIB web site. AIB takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. AIB shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
Hyperlink Policy. The AIB web site may contain hyperlinks to other internet sites not under the editorial control of AIB. These hyperlinks are not express or implied endorsements or approvals by AIB, of any products, services or information available from these sites.
AIB’s Intellectual Property. For purposes of these TOS, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on AIB’s web site and is owned by AIB or its affiliates. By accepting these TOS, User agrees that all content presented to User on AIB’s web site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of AIB or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of AIB or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these TOS grants User any right to use any trademark, service mark, logo, and/or the name of AIB or its affiliates. Certain of the ideas, software and processes incorporated into the offerings available on AIB’s web site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions. User may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from AIB’s web site in any form or by any means whatsoever without prior written permission from AIB. Any unauthorized use of AIB web site content violates AIB’s intellectual property interests and could result in criminal or civil penalties. Neither AIB nor AIB’s affiliates warrant or represent that User’s use of materials displayed on, or obtained through, AIB’s web site will not infringe the rights of third parties.
Limitation of Liability. AIB’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). AIB IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
Termination of Use. You agree that AIB may, at AIB’s sole discretion, terminate or suspend your access to all or part of AIB’s web site with or without notice and for any reason, including, without limitation, breach of these TOS. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to AIB’s web site, and reporting you to the proper authorities, if necessary. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on AIB’s web site will immediately cease. AIB shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by AIB in connection therewith.
Notice. Notices may be posted to the AIB web site or e-mailed to Users using the e-mail address Users submitted during the registration process.
General. This TOS Agreement constitutes the entire agreement between you and AIB and governs your use of the AIB web site. This TOS Agreement shall be governed by the laws of the State of Kansas. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Riley in the State of Kansas. The failure of AIB to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
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