Terms of service

Terms of Enrollment

The following Terms of Enrollment govern your participation in subscriptions provided by Beakers & Bricks, LLC (“Company”).  Please read these Terms of Enrollment carefully. By visiting and using the Program Portal/Membership Site you agree that your use of our Site, participation in our Program, and use of Program materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy.

Beakers & Bricks, LLC  provides subscriptions/memberships including Edible Knowledge for the Curious Cook, The Hungry Students, and All The Edible Knowledge, among others.  All contain multiple self-paced online courses.   

Term and FEES

Subscription Cancellation Procedures

Your Membership (monthly or annual) will continue and automatically renew until cancelled.  You can cancel at any time.  Membership fees are fully earned upon payment. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method.  Following any cancellation you will continue to have access to the service through the end of your current billing period. Cancellation can be done under your “Account” or, if you do not see any membership information there, at our third-party payment processor’s (Spiffy.co) site: https://edibleknowledgecourses.spiffy.co/manage.  Payment methods may be updated at the same locations. While the company may make attempts to notify customers of upcoming renewals (annual only) it is the customer’s responsibility to track these dates to avoid being charged.  

 

Access

To access any of our online services, you must have internet access and a suitable device (computer, tablet, smart phone, smart television, etc.).

 

Payment Method

To access any of our online services you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.

 

Participation

We are committed to providing all participants with a positive experience. Thus, COMPANY may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:

  • you become disruptive or difficult to work with;
  • you fail to follow the program guidelines; or,
  • you impair the participation of our instructors or participants in our program(s).

 

Content

  • The contained education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.   
  • All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by the Company or its designated facilitators, or any other source, oral or written, (collectively, the “Program Materials”) are for personal use in or in conjunction with this training program only.  
  • Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent. 
  • The information contained in Program Materials is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
  • We assume no responsibility for errors or omissions that may appear in any Program Materials. 
  • Usernames and passwords may not be shared with any third parties. 
  • Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.

 

Privacy & Confidentiality

We respect your privacy and must insist that you respect the privacy of fellow Program participants. 

We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company.

Thus, you agree:

  • not to infringe any Program participants’ or the Company's copyright, patent, trademark, trade secret or other intellectual property rights;
  • that any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;
  • not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
  • that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
  • the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
  • that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.

 

nO Refunds

Upon enrollment, you waive any right to file a dispute with your credit card provider, payment processor, and/or other financial institution regarding the amounts paid or owed by you for the purchase whether or not access has been revoked for your violation of this Agreement.

You understand and agree that there is a strict no-refund policy. Requests for refunds received by the Company will not be honored.

Subscription members also recognize that fee payments are non-refundable and there are no refunds or credits for partially used membership periods.  At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

  

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY, IN SPITE OF EVERY EFFORT TO CHECK REFERENCES AND PROVIDE ACCURATE INFORMATION, MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. 

The information provided in this product is sold and provided on an “as is” basis.  Company does not promise or guarantee any particular result from use of the information contained herein. Those results are the end user’s responsibility. In particular, Company shall not be liable to you or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the program. These limitations may be affected by the laws of particular states.

The Program, Program Materials and Site exist for educational purposes only, and the materials and information contained therein are for general informational purposes only. 

The information contained in the Program, Program Materials and Site is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that change as science advances, as well as changes related to technology and related compliance issues. Therefore, the completeness and current accuracy in the Program, Program Materials or Site cannot be guaranteed.  Updates are made to the Program as Company becomes aware of new developments and can make additions and/or corrections. 

The education and information presented by the Program, Program Materials and Site is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.

Any case studies, examples, illustrations, or testimonials cannot guarantee that you will achieve similar results. In fact, your results may vary significantly and factors such as your personal situation, personal effort and many other circumstances may and will cause results to vary.

Your use of the information contained herein is at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content contained in the Program, Program Materials or Site. You will seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Any and all claims or representations, as to skill improvements by the Program, Program Materials or Site, are not to be considered as average skill improvements.  There can be no assurance that any prior successes, or past results, can be used as an indication of your future success or results.

Skill improvements are based on many factors. Company has no way of knowing how well you will do, as they do not know you, your background, your work ethic, or your previous skills. Therefore, Company does not guarantee or imply that you will become a great cook or baker, that you will do as well as others currently or previously enrolled in the program, or that you will improve at all.  It is up to you to do the work.

 

License

Your use of and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials during the Term.

You agree to:

(a) constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company.  

(c) not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;

(d) not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;

(f) at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.

The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof, or the name, likeness or image of Beakers & Bricks, LLC, Edible Knowledge®, any owners or featured employees or contractors, trade secrets or other rights or intellectual property of any kind, except as provided by said license.  Further, such license applies only to those Program Materials designated herein. You shall not represent to others or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder. 

Company shall have the right to approve all uses of the Program Material or derivative uses thereof.

Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.

 

Disclaimer of Warranties

The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in conjunction with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Company offers no representations, warranties, or guarantees verbally or in writing regarding Participant’s future skills and knowledge improvement or results of any kind. The Company does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to Participant of such results.

 

Dispute Resolution

All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Randolph County, North Carolina, to be resolved in accordance with the laws of the state of North Carolina.

 You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. 

The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.