FCCI Terms of Service

Last updated: October 15, 2015

Thank you for your interest in the Fine Cacao and Chocolate Institute ("FCCI"). These Terms of Service ("Terms") govern your use of our website ("Site"), products, and services ("Products"). You may use our Products only if you are able to form a binding contract with FCCI, and by using our Products you agree to be bound by these Terms and our Privacy Policy and comply with all applicable laws.

Right to use

Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. FCCI may suspend your rights to use our Products or terminate this license at any time, for any reason and with or without notice to you. Upon termination, you continue to be bound by these Terms.

If you interact with FCCI on behalf of a company, organization, or other entity, then "you" includes you and that entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Use by anyone under the age of 13 is prohibited.

When you register a FCCI account, you must provide accurate and complete information, and you are responsible for maintaining the accuracy of this information.

Content

You retain all rights in, and are solely responsible for, any content that you make available on our Products ("User Content"). You grant FCCI and its users a fully paid, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works from, perform, and distribute your User Content solely for the purposes of operating, developing, providing, and using FCCI Products. We reserve the right to remove or modify User Content for any reason.

You acknowledge that FCCI has no obligation to pre-screen User Content or any other content. However, we may remove any content that violates the Terms or is otherwise objectionable, at our sole discretion.

We value hearing from our users, and are always interested in learning about ways we can improve our Products. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, FCCI does not waive any rights to use similar or related feedback previously known to FCCI, developed by its employees, or obtained from sources other than you.

We will make reasonable efforts to protect the security of your content and account. FCCI cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

 

Copyright policy

We respect the intellectual property rights of others and expect users of our Products to do the same. If you believe that content on our Site unlawfully infringes on a copyright you own and wish it to be removed from our Site, you may file a complaint with us via e-mail at contact@chocolateinstitute.org. The complaint must include the following information: (1) identification of the copyrighted work or works that you claim to have been infringed, (2) identification of the material on our Site that you claim is infringing and that you request us to remove, along with sufficient information to permit us to locate such material, (3) a statement that you have a good faith belief that use of the identified material is not authorized by the copyright owner, its agent, or under the law, (4) a statement that the information in your complaint is accurate and, under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or authorized to act on behalf of the copyright owner, (5) your physical or electronic signature, and (6) your address, telephone number, and e-mail address.

 

Third party services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other media that are not owned or controlled by FCCI. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from our Website, you do so at your own risk and you agree that FCCI will have no liability arising from your use of or access to any third-party website, service, or content.

 

Acceptable use

FCCI is supposed to be a positive, safe, and comfortable environment.

You are not allowed to post anything that includes hate speech; attacks, bullies, or harasses others; promotes self harm; is sexually explicit or pornographic; creates a risk of physical injury or property damage; threatens people or public safety; portrays, organizes, encourages, or celebrates illegal activities; is gratuitously violent; infringes on anyone's intellectual property, privacy, or other rights; or is fraudulent or deceptive.

You also may not impersonate or misrepresent your affiliation with any person or entity; do anything that violates applicable law or regulations; post large amounts of unwanted or repetitive content; use FCCI's name, logo, trademark, or branding without our consent; collect or store personally identifiable information from FCCI or its users without their permission; share your password or let anyone else access your account; do anything that might put your account at risk; sell your username or transfer rights to it for compensation; create content that could be confused with core FCCI content; directly compensate users for posting content to FCCI; represent that you are acting on FCCI's behalf or with FCCI's endorsement; or encourage or help anyone to do any of these things.

 

Indemnity

You agree to indemnify and hold FCCI and our officers, employees, and agents harmless, including from costs and attorneys' fees, from any claim or demand due to or arising out of your use of our Products, your User Content, your violation of this Agreement, or 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 in a timely fashion.

 

Disclaimers

Our Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. FCCI specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

FCCI takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

 

Limitation of liability

To the maximum extent permitted by law, FCCI shall not be liable for any indirect, incidental, special consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from your access to or use of or inability to access or use the products, any conduct or content of any third party on the products, including without limitation any defamatory, offensive, or illegal conduct of other users or third parties, or unauthorized access, use, or alteration of your transmissions or content. In no event shall our aggregate liability for all claims relating to the Products exceed one hundred U.S. dollars.

 

Arbitration and governing law

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us or our employees, agents, successors, or assigns, will exclusively be settled through binding and confidential arbitration.

Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related

Disputes.

You and FCCI 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) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) 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; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) 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.

These Terms shall be governed by the laws of the State of Massachusetts, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Middlesex County, Massachusetts or the United States District Court for the District of Massachusetts, for any actions not subject to arbitration.

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

 

Classes

Please see the Terms and Conditions of Enrollment in FCCI Classes, which should be considered part of this document for legal purposes.

 

General

We may revise these Terms from time to time and the most current version will always be posted on our website. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FCCI without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with FCCI in connection with our Products, shall constitute the entire agreement between you and FCCI concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FCCI's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

FCCI Privacy Policy

Last updated: October 15, 2015

Information collected

When you sign up for or use our products, you voluntarily provide certain information to us. This can include, for example, your name, e-mail address, profile photo, posts, and location. You may also give us permission to access your information from other services.

We also collect information when you use our products. This includes log data that details your interaction with our products and information about the device on which you're using our products.

Some of this information is "personally identifiable" and some is "non-personally identifiable."

Use of information collected

We use the information we collect to provide our products to you and make them better, develop new products, offer customized content, and respond to your questions or comments. Depending on your privacy settings, over which you have full control, the information you send to us, including profile information, posts, and other content, may be shared with other parties or make publicly available. We may distribute your information within the privacy parameters you have specified.

We may share aggregated or deidentified information at our discretion. We may also share non-public personal information with third parties (1) with your consent, (2) with third party vendors, consultants, and service providers who provide services for us, (3) to comply with laws or respond to lawful requests and legal processes, proect the rights and property of FCCI and our agents, customers, and others, or in an emergency to protect the personal safety of any person, or (4) in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our assets to another organization.

 

Changes to this policy

We may change this policy from time to time, and if we do any changes will be posted on our site. If you continue to use our products after those changes are in effect, you automatically agree to the revised policy.

Terms and Conditions of Enrollment in FCCI Classes

Last updated: November 5, 2015

Welcome to one of FCCI's learning opportunities. As a student in one of our classes, you will have the opportunity to explore the world of fine cacao and chocolate at an advanced level with master instructors.

So that FCCI may provide these opportunities, all individuals who enroll in our classes (including those that enroll others or are enrolled by others) must agree to the following terms and conditions. Enrollment in one or more of our classes shall indicate that you agree to these terms and conditions.

 

Payment and Cancellation

Payment (tuition) for your class is due upon enrollment through this website or through another means, or according to a payment schedule as specified for a par ticular class. Enrollment confirmed by FCCI and on-time delivery of all payments reserves a space for you in the class, as scheduled.

For classes with limited enrollment and in person classes: if you cancel your enrollment, you will forfeit any tuition you have paid to date. If we are able to find another student to take your place, we will return your tuition in full, with the exception of a nonrefundable portion if specified for a particular class. We will make reasonable efforts to find replacement students, but for classes that involve travel we expect that after 30 to 60 days prior to the program start date it will become difficult to find replacements. Under no circumstances can FCCI guarantee that a replacement will be found. Please make sure that you are committed to taking the class before paying the registration fee or any down payments. We also recommend insuring your travel to and from the program in case of an emergency. These terms and conditions are necessary because the space that you have reserved for yourself by enrolling is a lost opportunity for another student to enroll and take part in the class, and because we incur per student expenses prior to the class.

For online classes with unlimited enrollment: if you cancel your enrollment five or fewer days prior to the start of the class or fail to attend, you will forfe it your tuition in full. Cancellations in advance of five days of the start of the class must be made by email to contact@chocolateinstitute.org and must be confirmed by FCCI to be valid.

For all classes: no partial refund is available if you attend only part of a class or only specific days of a multi-day class.

If FCCI cancels the class entirely, you will be refunded your tuition in full. If FCCI reschedules or relocates the class and you are unable to attend at the ne w time or place, FCCI will refund your tuition in full. FCCI is not responsible for any other expenses you have incurred related to your plans to attend the class. FCCI reserves the right to cancel, reschedule, or relocate the class at any time, for any reason, and without advance notice, subject to the terms and conditions regarding tuition payments above.

Changes in attendee may be made at any time with no change in tuition. You are welcome to send a person in your place if you are unable to attend, for any reason.

 

Course Materials

All course materials used in FCCI's classes are the physical and intellectual property of FCCI, without limitation, unless ownership is held by a third party. Payment of tuition and enrollment in an FCCI class in no way constitutes an agreement by FCCI to sell or license any course materials to you in any manner. FCCI's provision of course materials is for the sole purpose of facilitating your education in the subject matter of the course. Accordingly, you may not reproduce, sell, or distribute FCCI's course materials at any time now or in the future. During and after the class, any course-related documents, books, papers, electronic media, or other materials that you retain in your possession is provided as a courtesy by FCCI or by a third party for your education and does not constitute permission for you to reproduce, sell, or distribute the materials in any way, including but not limited to online dissemination. These terms and conditions are necessary to retain the integrity of FCCI's work, classes, and intellectual property.

 

Protection of Educational Freedom

Each FCCI class is a forum for open, honest, and intellectually critical education, exploration, and discussion. Sometimes our students will be persons in the business of fine cacao and chocolate, as well as consumers. By enrolling in an FCCI class, you agree to waive any and all causes of action against FCCI, other students, and any third party that may arise during the class on the basis of course content. This waiver includes, but is not limited to, causes of action regarding defamation, libel, slander, false advertising, or tortious interference with business relations. You agree to hold harmless and indemnify FCCI against any causes of action arising from your conduct during the course or the content of your participation in the course. These protections are necessary to preserve our classes as fora for open and honest education, exploration, and discussion.

Personal and Business Privacy

FCCI respects the privacy of its students and will not sell the personal or business information provided to us as part of enrollment to any third parties. FCCI will not disclose any of your educational records to any third parties without your express written permission. However, by participating in class, you agree that FCCI has no control over any information you disclose to other individuals in your class and that such information may no longer be regarded as private. This includes, but is not limited to, trade secrets, strategic business information, and financial details. It is solely your responsibility to withhold confidential information from disclosure.

 

Food Safety

FCCI will make a reasonable effort to accommodate medical and health concerns related to food or drink that are a part of a class. You are responsible for informing the class instructor and FCCI of any allergies or other medical concerns related to food or drink in the class, before preparing or consuming any food or drink. You shall hold harmless and indemnify FCCI and its instructors for any injury that occurs during the class related to food or drink, arising in whole or part from your failure to inform the instructor and FCCI of any medical concerns and to take reasonable precautions against injury.

FCCI will also offer a reasonably sanitary environment when food or drink is prepared and served. FCCI's class locations may vary greatly, including both informal and international locations and students may encounter new and unusual foods and drink. Accordingly, you agree to consume food and drink during FCCI classes entirely at your own risk. You agree to hold harmless and indemnify FCCI and its instructors for any injuries arising from food or drink prepared or consumed during the class. During a class you may decline to consume food or drink at any time.

 

Interpretation

The terms and conditions of this agreement shall be interpreted according the Laws of the Commonwealth of Massachusetts and subject to the jurisdiction of its courts or the Court of the US District of Massachusetts, regardless of the location of the class or student. If any term or condition is found to be unlawful, that term or condition shall be void, but the remainder of this agreement shall remain in force. Any dispute that is subject to these terms and conditions for enrollment shall be first mediated by a mediator jointly chosen by FCCI and the student. No changes to these terms and conditions shall be valid without express written approval by the Executive Director of FCCI.

By enrolling in an FCCI class, you agree to the above terms and conditions.

Shipping and Returns

Last updated: November 14, 2016

Items will generally be shipped within 7 days of order.

Except when otherwise indicated, FCCI will accept for return items that are in new condition, unworn, unaltered, and free of damages by the customer. For a full refund (minus the cost of shipping and handling), contact us at contact@chocolateinstitute.org and return your item within 30 days from the receipt of the original order. Items cannot be returned after 30 days from the receipt of the original order.

FCCI's refund policy for classes is included in our Terms and Conditions of Enrollment.