Terms - Good Food Cooking School

Last updated March 23, 2023

The Gist:

Good Food Cooking School is a membership site.

DUE TO THE ELECTRONIC NATURE OF THE PRODUCT, ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL. ONLY THE SIGN UP FEE IS REFUNDABLE FOR 7 DAYS FROM THE FIRST PURCHASE DATE. NO EXCEPTIONS. BY SIGNING UP, YOU AGREE TO THESE TERMS. YOUR SIGN UP WON’T BE COMPLETED SUCCESSFULLY AND YOU WON’T GAIN ACCESS TO CONTENT UNLESS YOU AGREE TO THESE TERMS FIRST.

To access exclusive GFCS content, you must have an active membership.

We no longer offer courses à la carte. Your membership begins/began with your first enrollment and includes 12 months of membership access starting from the initial sign-up date. Find existing membership details/dates in your Account. After initial 12 months, membership auto-renews at $9/mo or $99/yr (see cart and Account for your dates and auto-renew setup). Members can login and go to their Account to cancel membership or change from yearly to monthly payments and vice versa at any time. Questions? Contact us.

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Some terminology we use.
Good Food Cooking School and Gluten-Free Baking Academy are DBAs for YumUniverse LLC.

Good Food Cooking School.com, YumUniverse.com, GlutenFreeBakingAcademy.com, and YumUniversity.com are also herein collectively referred to as the “Site” and “Good Food Cooking School.”

Good Food Cooking School’s Site(s) and the products and brand components that it contains (courses, recipes, website, proprietary creative and graphic elements), including Good Food Cooking School and Gluten-Free Baking Academy (courses, recipes, website, proprietary creative and graphic elements), are herein collectively referred to as “The Product” or “Product.”

YumUniverse, LLC is herein referred to as Good Food Cooking School, the collective of all separate sites and products they contain.

Good Food Cooking School partners with Contributors and guest Instructors for Product. These “Contributors,” “Producer/Contributors,” and “Instructors” are also known as “Master Cooks” and “Good Food Master Cooks.”

Be nice.
This site and related services are designed to educate and inspire. We encourage you to express yourself freely but we have zero tolerance for negative behavior. This is our home, we have invited you inside, and we make the rules for our home. It is a sanctuary for kindness, creativity, inspiration, and growth. If you can’t play nice with us or our fellow inhabitants, or if you bring disfunction to our home, you will be removed from the house immediately. Be responsible and thoughtful in what you share, and how you share it—please be respectful. Being critical is fine, but do so constructively and kindly. Rudeness and personal attacks are not acceptable and they are grounds for removal without exception or explanation. If you have issue with us or what we offer, email us directly. When you email us, remember that there is a human being at the other end of the computer working hard every day to build awesome products for you and others. Ask questions instead of assuming or attacking. Please make sure that none of the prohibited items or behavior listed below appear in your writing or what you link to (things like spam, viruses, or hate content).

Be accountable.
We’re all busy—set reminders when necessary so you don’t forget. Membership subscriptions automatically renew for the subscription period until you cancel in your Account. Your payment method will be charged at the beginning of each subscription period. If you are offered a refund/trial period (paid or unpaid), your payment method will be charged at the end of the trial/refund period unless you cancel before the end of that period. There are no refunds after a trial or refund period. To cancel your subscription, visit your account settings. Your changes will be applied to your next subscription period. GFCS or GOOD FOOD or GOOD FOOD COOKING or GOOD FOOD COOKING SCHOOL will appear on your bank statement.

Also, the decisions that you make regarding what you share on Good Food Cooking School and related platforms, your diet, and your lifestyle are your own. Good Food Cooking School, its Authors, Affiliate Partners, Contributors, Instructors, Visitors, and Student Members are not responsible for any adverse effects or consequences that may result from using the information on Good Food Cooking School or related platforms (i.e.: Facebook, Instagram, etc.). By visiting and/or using Good Food Cooking School or related platforms, you are automatically accepting all responsibility for all risk involved with your posts, comments, lifestyle and diet choices, and anyone you are responsible for. These choices and actions are all your responsibility. The recipes, recommendations, and resources on Good Food Cooking School are not given as medical advice, nor is anything intended to propose, or offer to propose, a cure for disease or other conditions. Before starting any lifestyle or diet changes, consult a physician. Only your health care provider, personal physician, or pharmacist can provide you with advice on what is safe and effective for your unique dietary and lifestyle needs. Only they can diagnose your particular medical history.

Content for Personal Use Only.

In regards to posting, printing, or sharing any aspect of Good Food Cooking School Product(s), recipes, or photos, the best rule of thumb is don’t.

Duplicating, sharing, or uploading Good Food Cooking School Product(s) in part or whole to sharing sites or with non-enrolled students is considered stealing, and we will prosecute stealers to the full extent of the law. Be honest. Don’t steal our stuff. Don’t teach workshops with our material, or use our copy to do so.

If you are interested in licensing our content for business or educational purposes, contact us.
The Product is protected by copyright, trademark, and other intellectual property laws. The Product is provided solely for personal, non-commercial use. You may not use the Product or the materials available on/with the Product in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in this Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, re-publish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

Do not repost any part of the Product without written permission. Discuss in general what you like about our Product in your own voice, then link back to the Product. Do not use any Product photos, recipes, or content to promote your own business. You know better than that. If you’d like to use Good Food Cooking School images for commercial, distributed or published use, contact us. Good Food Cooking School images cannot be used for commercial purposes, stock photography, or to advertise your company, product or services without written permission from Good Food Cooking School.

Thanks in advance for being a good human and respecting the time and effort we’ve put into developing Good Food Cooking School.

VIOLATION OF THESE TERMS IS GROUNDS FOR REMOVAL FROM THE PRODUCT AND ANY ASSOCIATED (AND ALWAYS OPTIONAL, NOT PART OF THE PAID SUBSCRIPTION) COMMUNITY GROUP(S) AND ACCESS WILL BE DENIED TO THE COURSE IMMEDIATELY AND INDEFINITELY. DISCRETION IS SOLELY GOOD FOOD COOKING SCHOOL’S AND BY PURCHASING/USING OUR PRODUCT, YOU AGREE TO THIS.

TERMS OF SERVICE:

The following terms and conditions govern all use of Good Food Cooking School’s Product, its websites (YumUniversity.com, YumUniverse.com, GoodFoodCookingSchool.com, GlutenFreeBakingAcademy.com) and all content, services and products available at or through the website(s), including, but not limited to, associated blogs, forums, community groups, and websites, taken together, the Website/Courses/Product. The Website/Courses/Product are owned and operated by YumUniverse, LLC. The Website/Courses/Product are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by YumUniverse, LLC (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Product. By accessing or using any part of the Product, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Product or use any services. If these terms and conditions are considered an offer by Good Food Cooking School and acceptance is expressly limited to these terms. The Product is available only to individuals who are at least 16 years old.

This Good Food Cooking School Terms of Service Agreement (“Agreement”) is between you and YumUniverse, LLC (for the purposes hereof, “Good Food Cooking School,” “Gluten-Free Baking Academy,” “Good Food Coking School,” “we” or “us”). The Agreement governs your use of the “Good Food Cooking School Product,” a family of online platforms that allow consumers like you to take courses and use resources (“Product”) through websites that we power.

Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using the Good Food Cooking School Products, you agree that any claims you may have against YumUniverse, LLC relating to the Good Food Cooking School Product must be ARBITRATED, and you waive the right to (1) assert claims against YumUniverse, LLC in court; (2) participate in a class action; and (3) have a jury hear your case.

1. Acceptance

By creating an account, viewing videos, making a purchase, downloading applications that we power, or otherwise visiting or using the Good Food Cooking School Product, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses the Good Food Cooking School Product must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use the Good Food Cooking School Product, you accept any revised Agreement.

You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend, cancel, or terminate your account, at our sole discretion with or without cause, with or without notice, effective immediately, for what we deem as a breach of the terms hereof. If Good Food Cooking School deletes your account for breach, you may not re-register, and at our discretion, you will be blocked from accessing the website(s). In the event of any termination or expiration of the Agreement, the following sections will survive including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).

2. Accounts

Registration: You must create an account with a valid credit card to use certain features we offer (e.g., to view a Course). To do so, you must provide an email address. By creating an account, you agree to receive notices from Good Food Cooking School at this email address. If you unsubscribe, you acknowledge that you may not receive necessary information or communications related to the website(s) and/or your related Accounts.

Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Good Food Cooking School Product.

Parents and Guardians: By granting your child permission to use the Good Food Cooking School Product through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under or relating to your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

3. Privacy

Please review our Privacy Policy to learn about the information we collect from you when you use the Good Food Cooking School Product, how we use it, and with whom we share it.

By creating an account, you agree that Good Food Cooking School will have access to your account information and account activities, such as the viewing and purchase of Products, and your contact information. Good Food Cooking School is not responsible for unlawful disclosure or theft of your data.

4. Product Viewing and Purchase Options

We may/do offer the following purchase options through our Product(s):

Purchase of a product: After paying the stated fee(s), you may access the Product an unlimited number of times when account membership is active, and if offered, download selected components.
Subscription also known as “membership”: For a recurring fee, you may access the Products offered within a subscription an unlimited number of times during your subscription period. We may add, change, update, or remove Products at any time.

To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If you access a Product on a free or trial basis, such access will be deemed a “purchase” for the purpose of this Agreement.

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DUE TO THE ELECTRONIC NATURE OF THE PRODUCT, ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE AFTER 7 DAYS. NO EXCEPTIONS.
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Gift Certificates are valid two years from the date of purchase. No refunds.
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Free trials, paid-trials, and discounts: We may offer free trials, paid trials, or discounted membership subscriptions and sign-up fees. When any trial period ends, the paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee to continue access to materials on this site. If we provide a discount or refund for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel (which you can do in your Account after logging in). Your payment method will be charged at the beginning of each subscription period. If you are offered a trial or refund period (paid or unpaid), your payment method will be charged at the end of the trial period unless you cancel before the end of that period.

How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period. You are responsible for canceling your subscription.

5. Licenses and Intellectual Property

License to Products: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal learning purposes: (i) Products that you have purchased during the stated availability period; and (ii) Products made available that you have subscribed to during your subscription period.

Restrictions: You may not resell products or downloads, use any Product for any commercial purpose, redistribute or retransmit any Product, publicly perform or display any Product, or make derivative works from any Product. All rights not expressly granted herein are reserved by the applicable Producer/Contributor/Contributor and Good Food Cooking School.

Good Food Cooking School Product(s): Subject to the terms hereof, Good Food Cooking School grants you permission to use the Good Food Cooking School Product for the sole purpose of viewing Products for your personal entertainment and learning. All rights not expressly granted by Good Food Cooking School are reserved.

Your Content; Feedback: To the extent that you submit any content to Good Food Cooking School (i.e., in your profile, a comment, group or forum), you grant Good Food Cooking School an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to Good Food Cooking School on improving our products or services, Good Food Cooking School may use your suggestions without any compensation to you.

6. Acceptable Use Policy

We may allow you to upload, submit, or publish (collectively, to “submit“) content such as images and text (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. Good Food Cooking School may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Good Food Cooking School may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.

6.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send Good Food Cooking School a takedown notice if they believe Good Food Cooking School is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

6.2 Content Restrictions
You may not submit any content that:

Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit or promotes a sexual service;
Is defamatory;
Is harassing or abusive;
Contains hateful or discriminatory speech;
Promotes or supports terror or hate groups;
Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Exploits or endangers minors;
Depicts or encourages self-harm or suicide;
Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
Contains false or misleading information about voting;
Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
Violates any applicable law.

6.3 Code of Conduct
In using Good Food Cooking School, you may not:

Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act in a deceptive manner or impersonate any person or organization;
Harass or stalk any person;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;
Collect personal information about others;
Access another’s account without permission;
Use or export any of our services in violation of any U.S. export control laws;
Engage in any unlawful activity; or
Cause or encourage others to do any of the above.

6.4 Prohibited Technical Measures
You will not:

Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of Good Food Cooking School; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage Good Food Cooking School.

6.5 Restricted Users
You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any goods or software services from us if you are (a) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country; or (b) listed on any U.S. Government list of restricted parties.

7. Disclaimers

YOUR USE OF THE GOOD FOOD COOKING SCHOOL PRODUCT(S) IS AT YOUR OWN RISK. GOOD FOOD COOKING SCHOOL PROVIDES THE PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OUR PARTNERS PROVIDE PRODUCT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GOOD FOOD COOKING SCHOOL AND EACH PRODUCER/CONTRIBUTOR/CONTRIBUTOR DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

In no event will Good Food Cooking School, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Good Food Cooking School under this agreement during a twelve (12) month period prior to the cause of action. Good Food Cooking School shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Without limiting the above, Good Food Cooking School makes no representations or warranties concerning:

The availability of Good Food Cooking School Product(s) in a particular jurisdiction.
The availability of the Good Food Cooking School Product(s) for any particular device, operating system, or browser.
The continued support for a particular feature of Good Food Cooking School Product(s).
The viewing quality of any Product. Good Food Cooking School does not guarantee that you will be able to use Good Food Cooking School Product(s) at all times, or view any Product uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
The content of any Product or the suitability of any Product for any audience. All opinions and statements expressed by or in Products (or related materials) are those of the Producer/Contributor and/or persons involved in the production of that Product, not Good Food Cooking School.
The continued availability of any Product or the availability of particular Product. Products may be withdrawn at any time without notice or refund, solely at Good Food Cooking School’s discretion.
Technical inaccuracies, typographical mistakes, or other errors and disclaims any responsibility for harm resulting from such content.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YUMUNIVERSE, LLC, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING CONTRIBUTORS) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER/CONTRIBUTOR/CONTRIBUTOR OR OTHER GOOD FOOD COOKING SCHOOL USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO GOOD FOOD COOKING SCHOOL OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.

The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Good Food Cooking School (or a Producer/Contributor) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

9. Indemnification

You shall indemnify, defend, and hold harmless Good Food Cooking School, it’s founder and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Contributors/Instructors) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) included, but not limited to, action or inaction arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.

10. Arbitration Agreement; Jury Waiver; Class Action Waiver

This Section 10 sets forth the dispute resolution mechanisms between you and Good Food Cooking School under which you agree:

To first seek to resolve all claims or disputes by mediation and then, if and only if mediation is unsuccessful, to arbitrate all claims relating to the Good Food Cooking School Product;
To waive your right to a trial by jury; and
To waive any right to proceed on a class basis in arbitration or otherwise.

Mediation and arbitration provide a private dispute resolution process that is usually more streamlined and less formal than litigation. In mediation you have the opportunity to resolve disputes with the assistance of a neutral mediator. In arbitration, your rights will be determined by a neutral third party called a mediator or arbitrator, and not a judge or jury. Both you and Good Food Cooking School are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

10.1 Mediation—Prequisite to Arbitration
Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration. The parties shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by a mediator to be selected by Good Food Cooking School. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association: The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration, which shall be stayed for 120 days from the date of filing, unless stayed for a longer period by agreement of the parties. The parties agree that the mediator’s fee and any filing fees are solely the responsibility of you. The mediation shall be held at a location to be chosen by Good Food Cooking School. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

10.2 Binding Arbitration

Any claims, disputes and other matters in question between the parties not resolved by mediation shall be decided by a single arbitrator to be chosen by Good Food Cooking School and administered in accordance the Consumer Arbitration Rules of the American Arbitration Association in effect at the time of the arbitration. The demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. You shall be responsible for paying all costs of the arbitration.

A demand for arbitration shall be made within ninety (90) days after the claim, dispute or other matter in question has arisen.

The foregoing agreement to arbitrate shall be specifically enforceable in accordance with applicable law in any court in Jefferson County, West Virginia. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with West Virginia law in any court in Jefferson County, West Virginia.

You specifically waive consequential damages for claims, disputes or other matters in question. This mutual waiver is applicable, without limitation to all consequential damages due to any termination of your rights at the discretion of Good Food Cooking School as set forth herein.

This Agreement shall be governed by the law of the state of West Virginia.

10.3 Class-Action Waiver
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.

10.4 Binding Arbitration with Producer/Contributors
To the extent that the Producer/Contributor has agreed to resolve disputes with consumers through arbitration in its agreements with Good Food Cooking School, you agree that any dispute with a Producer/Contributor arising out of or relating to your purchase or viewing of a Producer/Contributor’s Program, Product, or subscription channel shall be resolved by BINDING ARBITRATION in accordance with this Section 10.

11. General Provisions

Choice of Law: Any disputes relating to this Agreement or your use of the Good Food Cooking School Product will be governed by the laws of West Virginia State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Choice of Venue for Litigation; Jury Trial Waiver: Any proceeding to enforce the Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in Jefferson County, West Virginia. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both Good Food Cooking School and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

No Waiver: The failure of Good Food Cooking School (or any Producer/Contributor) to exercise or enforce any term of this Agreement will not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

No Third Parties: No third parties shall have any rights under this Agreement, except that Producer/Contributors may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.

Force Majeure: Neither Good Food Cooking School nor any Producer/Contributor shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.

U.S. Export Compliance: You may not use the Good Food Cooking School Product if (i) you are personally subject to U.S. government sanctions or (ii) you are located in a country that is subject to U.S. Government sanctions such that your use of the Good Food Cooking School Product would violate U.S. law. You represent and warrant that you are not subject to such sanctions.

Entire Agreement: This Agreement incorporates by reference the Good Food Cooking School Privacy Policy. Except for links to these documents, links to pages on the Good Food Cooking School family of websites or any third-party materials are for convenience only and do not form part of this Agreement.

This Agreement sets forth the entire understanding between you and Good Food Cooking School concerning your use of the Good Food Cooking School Product and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes are at Good Food Cooking School’s sole discretion and will be posted to the Good Food Cooking School family of websites, with or without notification, and will apply prospectively. It is your responsibility to check this Agreement periodically for changes. Your continued use of Good Food Cooking School constitutes acceptance of those changes.

Contact Us: If you have any support questions, please contact us at [email protected].