Effective Date: This Terms of Use Agreement was last updated on January 22, 2012

This Terms of Use and Privacy Statement sets forth the standards of use of the A la Carte website. By using the alacartecs.com website (the “site”) you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service
A la Carte is providing user with information on its consumer services, which includes cooking classes and materials provided such as ingredient lists, menus, recipes, site content, etc.. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties
The site is provided by A la Carte on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, A la Carte makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. A la Carte shall have no liability for any interruptions in the use of this Website. A la Carte disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability
A LA CARTE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR A LA CARTE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF A LA CARTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification
User agrees to indemnify and hold A la Carte, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service
A la Carte reserves the right to modify or discontinue the Service with or without notice to the User. A la Carte shall not be liable to users or any third party should A la Carte exercise its right to modify or discontinue the Service. User acknowledges and accepts that A la Carte does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

A la Carte also does not guarantee that there will not be interruptions to A la Carte Live Online. Due to the nature of interruptions or data packages being transferred over the Internet, some interruptions of the streaming video and audio may occur.

6. Third-Party Sites
The site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all users to review said privacy policies of third-parties’ sites.

7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While A la Carte makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

A la Carte makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of the Courts of New York State
The site’s content is overseen and governed in the State of New York. As such, our content is subject to the laws of the State of New York, and such laws will govern this Terms of Use and Privacy, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.

9. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2012 A la Carte, with all rights reserved, or is the property of A la Carte and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of A la Carte is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of A la Carte

A la Carte, A la Carte Live Online, and Alacartecs.com are proprietary marks of A la Carte. A la Carte’s trademarks may not be used in connection with any product or service that is not provided by A la Carte in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits A la Carte.

All other trademarks displayed on A la Carte’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with A la Carte.

11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, A la Carte.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Copyrights Dept.
A la Carte
32 Atlantic Avenue
Lynbrook, NY 11563
Telephone: (516) 599-2922

By Email: alacartecs@optonline.net

12. Collection of Anonymous User Information
A la Carte reviews anonymous information in order to better understand User habits and behaviors on the site in aggregate. A la Carte uses this information with the intent to provide users with enhancements in navigation and content. Information that is collected and reviewed in aggregate includes, but is not limited to, users:

IP Address
Browser Type
Pages Visited
Referring Site
Date and Time Visited
User Agent
This information is used to understand or enable:
Traffic Patterns
Average User Session Length
Number of Visitors to the Site
Usage Trends
Areas of Improvement

13. Collection of Personally Identifiable Information
A la Carte collects personally identifiable user data via forms on the site to facilitate class registrations, e-commerce transactions, mailing list signups, and contact functions. These forms allow users to contact representatives of A la Carte, sign up for classes, and generally facilitate recordkeeping. Information collected in the form is in no way shared with third parties, except in the case where the law requires us to do so. Information collected in forms is stored in the United States. If you are accessing the site from outside of the United States, users should be aware of that fact and are, therefore, doing so willingly. Information collected via forms is accessible by A la Carte staff members, website developers and database service providers working on behalf of A la Carte. Users who submit information via forms do so at their own risk. When collecting credit card information, all forms are secured during transmission by using Secure Socket Layers. Likewise, online access to administrative screens for the website is also via Secure Socket Layers.

Credit card data collected online is not maintained directly by A la Carte, the website development company nor the database service.

While no system is totally secure, all efforts have been taken to secure data, including limited connections between the customer database and the website registration system including IP and port restrictions and strong or very strong password and username combinations to systems.

14. Protection of Children under the age of 13

A la Carte does not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under 13 and you believe that your child has provided information to us, please contact alacartecs@optonline and that information will be deleted.

15. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by A la Carte in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in this Terms of Use statement.