Terms - from market to table

Welcome to https://frommarkettotable.com (the “Site”), a website operated by From Market to Table (“Company,” “us,” “our,” and “we”). We provide the Site and the services provided through the Site (the Site and services will be collectively referred to as the “Services”).

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.

Privacy Policy

The Company respects the privacy of its Service users. Please refer to our Privacy Policy, linked in the footer of our website, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

Inaccuracies on the Site
Errors, Inaccuracies, and Omissions. Despite our best efforts, our Site may occasionally contain typographical errors, inaccuracies, or omissions that relate to recipe instructions, ingredient lists, and content and information. We reserve the right to correct any errors, inaccuracies, or omissions.

Cooking Class Terms

Services. By purchasing a private cooking class available on our website, you agree to be provided with products and/or services by us and that you are entering into a legally binding agreement (the “Agreement”) with us, subject to the following terms and conditions. In accordance with these terms and conditions, we agree to provide services in accordance with our listed private cooking class:

Live 90-minute virtual cooking class
Recipe Cards
Easy-to-follow shopping and tools list
Zoom link
Q&A at the end of class

In-Class Standards. In a cooking class, we agree to the following standards (note that certain standards are described in more detail in subsequent sections of this Agreement):

Maintaining the copyright of all materials.
Not acting in any way that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, or degrading.
Asking for help and support when needed.
Not interfering with the learning experience of others.
You agree to abide by any and all policies, procedures, and standards, set forth by the instructor and From Market to Table and understand that if you violate them, you and/or your entire party may be removed and/or asked to leave the class without refund of any fees or other costs you may have incurred in connection with the service.
You understand that all parts of the service, including virtual events, may be filmed, videotaped, audiotaped, or photographed. Unless otherwise agreed to, by participating in our cooking class services, you grant us the right to use and publicize your name, image, and voice for educational, marketing, and promotional purposes without compensation and without opportunity for review.

Instructor. If the instructor’s obligation to provide Cooking Class Services is subject to the unavailability as a result of sickness, accidents, acts of God, or other reasons beyond the instructor’s control, the instructor will terminate the agreement and issue a full refund.

Success Not Guaranteed. By accepting the terms of this Agreement, you agree and understand that our private cooking classes do not guarantee any specific result. You take responsibility for your own success.

Right to Terminate. We have the right to terminate the Agreement at any time at our discretion and will provide you with a refund for any class not booked that otherwise had been paid for in advance.

Disclaimer. By participating in our cooking classes, you understand that we and our affiliated guest instructors do not warrant the accuracy of any information provided, and are not liable for any losses you may suffer by relying on communicated advice.

Payment Information; Taxes. You are responsible for all fees, including taxes, associated with your use of the service. You are responsible for providing us with a valid means of payment. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. For private cooking classes, you agree to pay your invoice balance in full, in advance of the service. If your invoice remains unpaid for a period of 30 days after receipt of notice of nonpayment, we reserve the right to cancel your service and make the date of your service available on our calendar. The fee will remain unchanged, regardless of whether each anticipated service user attends the class.

Private Cooking Class Cancellation/ Refund Policy. The Service is non-refundable if the you cancel or reschedule less than 14 days before the service. If, after booking the service, you do not attend or otherwise miss your scheduled time, you forfeit the total cost of the service. If you cancel your Service more than 14 days in advance, the cost of the service will be fully refunded.

Group Cooking Class Cancellation/Refund Policy. The fee for group cooking classes is nonrefundable.

Intellectual Property Rights. In respect of the writings, recordings (whether audio, visual, or audiovisual), presentations, software, content, slide shows, text, literature, recipes, instructions, graphic designs, and other designs specifically created for you as part of our private cooking class service, we maintain all of the copyright, other intellectual property rights, and any other data or material used or subsisting in such materials whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any of our intellectual property to you, nor grant any right or license other than those stated in this Agreement. The content of any written or recorded material from us is protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, or prepare derivative works of any copyrighted material without our prior written consent. You may copy and print the content, and you may download the content, for your personal, non-commercial use in connection with the service, provided that you include all copyright and other notices contained in the content and that you do not modify the content.

Confidentiality. Except as expressly authorized by this Agreement, you agree not to (1) provide or make available any portion of our services; (2) provide or make available information provided to you during such services, including but not limited to, documentation, video, audio, webinars or login credentials to anyone other than service users (3) use the Materials for commercial use, (4) or otherwise disclose or discuss the Materials for any purpose other than exercising rights expressly granted to you by this Agreement.

Good Faith. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

Disclaimer of Warranties. The information, education, teaching, and class activity provided to you by us under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance, or trade usage.

Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM FROM MARKET TO TABLE. By using our services and purchasing a cooking class from us, you accept any and all risks, foreseeable or unforeseeable, arising from such transactions. You agree that we will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of our program. You agree that the use of this service is at the user’s own risk.

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.

Cooking class. You understand that attending the cooking class depends largely upon your and each attendee’s own computer and/or mobile device, internet connection, and environment. It is your sole responsibility to ensure you and each attendee have the necessary resources, tools, and environment to fully view and participate in the virtual class.

Rights and Licenses

License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.

No Support. You acknowledge and agree that we will have no obligation to provide you with any support in connection with the Services.

Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.

User Content

User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
You will abide by our Acceptable Use Policy below; and
You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse, or harm another person or group;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Feedback. If you provide us any feedback, comments, or suggestions regarding the Services or purchased items (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and nonproprietary. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorney’s’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Links to Other Sites and/or Materials

Third-Party Sites, Ads, and Ad Networks. As part of the Service, we may provide you with convenient links to a third-party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). We have no control over Third Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Links to Our Site. You are permitted to link to our Site for noncommercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not deep-link to any page of this site for any purpose whatsoever unless the link is expressly authorized in writing by us. We reserve the right to withdraw permission for any link.

Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Limitation on Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM FROM MARKET TO TABLE.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIMS YOU HAVE AGAINST US WILL BE RESOLVED.

You agree that any claim or dispute at law or equity that has arisen or may arise between you and us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Agreement to Arbitrate

You agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Olmsted County, Minnesota, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

The arbitration will be conducted by JAMS Arbitration (“JAMS”) under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.

Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court.

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in the county and state referenced above.

General

Changes to Agreement. Continued use of our Site or Services following notice of such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Copyright/Trademark Information. Copyright © From Market to Table. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information: Refer to Contact Page here

Last Updated

This Agreement was last updated on 01/13/2022.