Last Modified: September 15, 2020
Welcome to the website of Garlic Press Jess! Please read these Terms of Use and our Privacy Policy available here (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of this website and our services and products, as described further below.
Acceptance of the Terms of Use
The Terms are entered into by and between you and Garlic Press Ventures LLC (“Company,” “our,” “we,” “us”), and they govern your access to and use of this website, including any content, products, services, and Offerings (defined below) offered on or through this website (collectively, the “Platform”), whether as a guest or a registered user.
Please read the Terms carefully before you start to use the Platform, including any of our services or products. By using the Platform, or by clicking to accept to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to the Terms, do not access or use the Platform or any Company services or products, but please get in touch with us so we can try to help.
Term
This agreement remains in full force and effect while you use the Platform. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Changes to the Terms of Use
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform or our services following the posting of revised Terms means you accept and agree to the changes.
Courses, Coaching, and Other Offerings
On the Platform, we may offer courses, guides, recipes, books, coaching services, classes, and other materials and products related to cooking, food, and nutrition (collectively, “Offerings”). These Offerings may be individualized to you or prepared generally for our users or for a subset of our users. While we endeavor to make all of our Offerings safe and include safety tips when necessary, as you are cooking and using any of our Offerings, keep in mind that cooking does involve hazards, such as cuts and burns, so we recommend that you concentrate on what you are doing and move slowly to avoid these hazards. Also, be aware of your food allergies and sensitivities when implementing any of our Offerings, as our recipes and suggestions do not account for all individual situations and therefore could trigger food allergies or sensitivities.
Ultimately, you are responsible for keeping yourself safe when using our Offerings and are assuming any risks associated with our Offerings. We are not responsible or liable for any injury, damages, or harm of any sort related to our Offerings and your use of them, and you agree to release us and hold us harmless from any liability related to the Platform or our Offerings.
All Offerings are subject to any additional terms or conditions made available to you at the time of purchase, such as terms related to payment, refunds, and access duration.
Third Party Services
Like many websites, we may use third party services to support our Platform and Offerings or provide links to third party sites and resources for your convenience. For example, when you view a course available on the Platform, you are viewing it through Kajabi and will be required to create a Kajabi account before you can view the course. Also, when we host live events, we may use a third party service such as Demio.
Other than our own content that we upload or provide to third party services to provide our own services to you, we have no control over the contents of third party sites or resources, and have no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party services, sites, or resources linked to or from the Platform or any of our services, you do so entirely at your own risk and subject to these third parties’ terms and conditions of use. Therefore, upon going to any third party website, we encourage you to review their terms and conditions of use, as they are separate from these Terms.
User Contributions
The Platform may contain comment areas, message boards, chat functions, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform.
Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. You retain full ownership of any User Contributions you post on the Platform, but to allow us to continue to publish your User Contributions on the Platform, you grant us and service providers a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, copy, modify, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose. If we wish to use your User Contributions in any other way, we will contact you in advance.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with the Terms.
Neither the User Contributions nor your submission, uploading, publishing, or otherwise making available of such User Contributions, nor Company’s use of the User Contributions as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will follow any Community Guidelines or other requests related to your User Contributions posted on the Platform.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform. We reserve the right to remove any User Contribution at any time, with or without notice, in our sole discretion.
Accessing the Platform and Account Security
We reserve the right to withdraw, restrict, or amend the Platform, and any service, material, or Offering we provide on the Platform, in our sole discretion with or without notice, temporarily or permanently. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. We may offer refunds or discounts in our sole discretion.
All information you provide on the Platform must be correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Changes to the Platform
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Fees
We reserve the right to modify our fee structure, if any, at any time and without advanced notice. Temporary or permanent modifications are effective as soon as they are published on the Platform and are applicable to all subsequent transactions.
Taxes
You are solely liable for all the taxes, fees, and commissions resulting from use of the Platform. The Terms do not create a joint venture, partnership, or principal-agent relationship between you and Company, or any other users, and nothing in the Terms may be used to imply such a relationship. You agree to indemnify, defend, and hold Company harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, labor, or employment requirements, including any liability for, or assessment of taxes imposed on Company by the relevant taxing authorities with respect to any fees paid to you as the result of using the Platform.
Feedback
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, questions, or other feedback related to Platform (collectively “Feedback”), you agree we may use the Feedback to: (a) improve the Platform, and (b) promote the Platform, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Terms permit you to use the Platform for your personal, non-commercial use only, subject to the following restrictions:
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or share any of the material on or from the Platform, except as it is created and owned by you or expressly permitted at the time of the transaction (such as downloading a PDF that we have provided specifically for you to download).
You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Company.
Trademarks
The Company name, DBAs(s), and logo, and all related names, logos, product and service names, designs, and slogans are the property of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Platform, you may request removal of those materials from the Platform by submitting written notification to our Copyright Agent at jess@garlicpressjess.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your name.
The name and description of the work that is being infringed.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Company, an Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend Company or users of the Platform or expose them to liability.
Monitoring and Enforcement; Termination
We have the right to:
Remove, refuse to post, or take any action with respect to any User Contributions that we deem necessary or appropriate, for any or no reason, in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of the Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information on the Platform. We disclaim all liability and responsibility arising from any reliance placed on such materials or information by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
Users Outside the U.S.
The Platform is controlled and operated from the United States and is subject to its laws. If you choose to access the Platform outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
Disclaimer of Warranties
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR OFFERINGS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR OFFERINGS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR OFFERINGS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR OFFERINGS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR OFFERINGS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Offerings, or your use of any information obtained from the Platform.
Governing Law
All matters relating to the Platform and the Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from the Terms or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Waiver and Severability
No waiver by Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Garlic Press Ventures LLC with respect to the Platform and the Offerings, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
Your Comments and Concerns
The Platform is operated by Garlic Press Ventures LLC, a California limited liability company.
All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: jess@garlicpressjess.com.