Terms of Use

Effective Date / Last Updated: September 12, 2019

 

This Terms of Use (“Terms”) governs your access to and use of this website, including the Pilot Light web portal (“Portal”) (collectively, the website and the Portal are the “Site”), made available to you by Pilot Light (“Pilot Light,” “we,” “us,” or “our”).

 

THIS IS A BINDING AGREEMENT BETWEEN YOU AND PILOT LIGHT.  BY ACCESSING OR USING THE SITE, OR BY CHECKING THE CONSENT BOX YOU AGREE ON BEHALF OF YOURSELF AND ANY ORGANIZATION THAT YOU REPRESENT (TOGETHER, “YOU”) THAT YOU AGREE TO THESE TERMS. 

 

WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE.  BY ACCESSING OR USING THE SITE AFTER CHANGES ARE POSTED YOU AGREE TO THOSE CHANGES.  MATERIAL CHANGES WILL BE CONSPICUOUSLY POSTED TO THE SITE OR OTHERWISE COMMUNICATED TO YOU.

 

THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS.  PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE PILOT LIGHT IN A CLASS ACTION LAWSUIT.

 

Privacy Policy

 

Pilot Light’s Privacy Policy describes our practices regarding the collection, use, and sharing of Personal Information (defined in the Privacy Policy).  The Privacy Policy is part of these Terms.  If you do not agree to any terms set forth in the Privacy Policy, do not access or use the Site. 

 

Content

 

The Site, including its text, audio, video, graphics, photographs, interfaces, icons, software, computer code, data, course literature, handouts, presentation slides, instructional materials, publicity materials, brochures, manuals, print and video-recorded interviews, interactive exercises, case-studies, session agendas, workbooks, evaluation surveys, and works of authorship for use in connection with or related to food education, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Pilot Light or, as applicable, its vendors or licensors. 

 

Intellectual Property Rights

 

The Site and Content are protected by copyright, trademark, and other intellectual property laws.  Any unauthorized use of any intellectual property belonging to Pilot Light or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.  Except for the rights expressly granted to you in these Terms, Pilot Light reserves all ownership rights in and to the Site and Content, including all intellectual property rights.

 

Use of Trademarks

 

Pilot Light is the owner all right, title and interest in and to its trademarks, names, logos, insignia, or service marks (the “Trademarks”).  You do not have the right to use any Trademarks except as expressly agreed to in a signed writing by Pilot Light.   Any goodwill associated with your use of the Content and Trademarks shall insure solely to the benefit of Pilot Light.  In addition, the Site may contain third-party trademarks, names, logos, insignia, or service marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.

 

Website and Portal Use Rights

 

Right to Use the Website.  Pilot Light grants to you a limited, non-transferable, non-exclusive, terminable right to access and use the website, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you, and applicable laws.

 

Right to Use the Portal.  Pilot Light grants to you a limited, non-transferable, non-exclusive, terminable right to access and use the Portal for the sole purpose of using or creating educational materials to be used to provide food education to students, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you, and applicable laws.  In order to access the Portal, you are required to set-up a Portal Account as further described below.

 

Content Use Rights

 

Pilot Light grants to you a limited, non-transferable, non-exclusive, terminable right to use the Content for the sole purpose of using or creating educational materials to be used to provide food education to students, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you, and applicable laws.  In the event you use the Content outside a classroom setting, we ask that you notify Pilot Light prior to any such use.  You must acknowledge and attribute Pilot Light as the owner and creator of all Content that you use.  You shall not remove any copyright notices or other Trademarks set forth on the Content.

 

Except as expressly stated herein, you shall not, nor permit any other party to, distribute, publicly display, publicly perform, sublicense, sell, post, publish, license, rent, or transfer the Content.  You shall not use the Content to create or attempt to create a competitive product or service.  You shall not use the Content for commercial purposes. 

 

Modifications to the Content

 

The license Pilot Light grants to you under the “Content Use Rights” section above includes the right for you to create modifications, improvements, or derivative works which are based upon the Content (collectively the “Modifications”) so long as:

  • each Modification indicates that it is a Modification, and clearly states that the Modification is based on source materials developed by Pilot Light;
  • any Trademarks listed on the original Content from which the Modification was created remain intact; and
  • any Modifications are used solely for providing food education to students.

We ask that you notify Pilot Light in writing prior to use of any Modifications outside of a classroom setting.   YOU ARE SOLELY RESPONSIBLE FOR ALL LIABILITY ARISING FROM USE OF YOUR MODIFICATIONS.

 

Upon creation of any Modification, you hereby grant to Pilot Light a nonexclusive, transferable, worldwide, royalty-free, and sublicenseable license to access, use, sell, publish, rent, license, post, transfer, reproduce, modify, create derivate works from, improve, publicly display, publicly perform, copy and distribute any Modifications.    

 

Pilot Light Portal Account

 

In order to access certain Content that has been drafted, developed and curated by Pilot Light, you may create an account to use the Pilot Light Portal (“Portal Account”).  You agree that any information you provide when creating your Portal Account will be true, current and complete information.  We will treat all Personal Information you provide as set forth in the Privacy Policy. You are responsible for all activities that occur under your Portal Account while using the Pilot Light Portal.  You are responsible for keeping your password and any other verification information used to sign-in to your Portal Account confidential.  Do not share your Portal Account or passwords with any other person.  Each person using the Portal must use their own separate Portal Account.  Do not access or attempt to access any Portal Account that is not yours.  If you believe that your Portal Account has been compromised, you must immediately contact us at info@pilotlightchefs.org.

 

PILOT LIGHT RESERVES THE RIGHT TO TERMINATE OR CHANGE THE PORTAL OR CONTENT AT ANY TIME, INCLUDING THE RIGHT TO CHARGE A FEE FOR ACCESS TO THE PORTAL OR TO USE THE CONTENT.  FURTHER, PILOT LIGHT MAY IMPOSE ADDITIONAL TERMS AND CONDITIONS ON THE USE OF THE PORTAL OR CONTENT AT ANY TIME, IN ITS SOLE DISCRETION.  ANY SUCH ADDITIONAL TERMS, CONDITIONS, OR FEES WILL BE PRESENTED TO YOU AT SUCH TIME.  IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST STOP USING THE PORTAL AND CONTENT.

 

Content Availability and Suggestive in Nature

 

While we make reasonable efforts to keep Content accurate and up to date, we do not guarantee the accuracy of any such information.  The proposed grade levels for Content use are only suggestions and may require specific prerequisites and therefore do not apply to all students.  Content is to be used as a template with the expectation that you will customize the Content to fit the needs of your specific student population.  YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF CONTENT AND MODIFICATIONS, AND YOU AGREE TO HOLD PILOT LIGHT HARMLESS FOR YOUR USE OF THE CONTENT AND ANY MODIFICATIONS.

 

All Content was created and is to be used for informational and educational purposes only, and should not be relied upon for making any nutritional, diet-based, or health decisions.  Pilot Light does not recommend or endorse any specific tests, nutritional plans, products, procedures, opinions, or services that may be referenced, cited, or mentioned in the Content.  Use or reliance on any Content herein shall be solely at your own risk, and you should never disregard professional advice or delay in seeking it because of the Content. Please note, the Content does not take into account any food allergies or medical conditions (e.g. diabetes) and you should consult a licensed dietician or physician to help address allergies or medical conditions.  For clarity, it shall remain the sole responsibility of the teachers to consider any food allergies or medical conditions that may affect their students.  PILOT LIGHT IS NOT PROVIDING MEDICAL ADVICE TO YOU.  Prior to using the Content, teachers shall consider the level of skill and experience of their students when working in the kitchen and using cooking equipment, such as the use of knives, stove tops, and ovens.  We are not responsible for any injury to persons or damage to property caused by the inherent risks involved in cooking and use of kitchen equipment. 

 

Copyright Policy

 

We respect the intellectual property rights of others and we ask that you do the same.  We strive to expeditiously remove any infringing material from the Site if we become aware of it.  It is our policy to terminate repeat infringers’ use of the Site.

 

Donations

 

Payment Information.  Donations can be made to Pilot Light on our Site using a credit or debit card through our third-party payment processor. Information about our collection and use of payment-related information is set forth in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Once you submit a donation, refunds are at the sole option of Pilot Light.  Pilot Light will determine how to allocate and use the funds received by your donation in its sole discretion.  We suggest that you consult your tax advisor, accountant or attorney for advice on addressing the tax consequences of your donation.

 

Using an Account.  You have the option to create and use an account with Pilot Light, or sign-in using your Facebook or Twitter accounts, when making a donation with Pilot Light.  Signing-in to an account when making a donation allows you to access certain information regarding donations and event sign-ups, and allows Pilot Light to match you and your personal information with the donations you provide.  See our Privacy Policy for more details. 

 

RECURRING DONATIONS.  You have the option to become a Pilot Light Partner and make a donation on either a one-time basis or recurring basis.  YOU HAVE THE OPTION TO MAKE RECURRING DONATIONS ON A MONTHLY, QUARTERLY, OR ANNUAL BASIS. IF YOU CHOOSE TO MAKE DONATIONS ON A RECURRING BASIS, YOU UNDERSTAND AND AGREE THAT YOUR DONATION WILL AUTOMATICALLY RENEW ON THE RECURRING PAYMENT BASIS YOU SELECT (MONTHLY, QUARTERLY, OR ANNUAL BASIS).

 

YOU MAY OPT OUT OF AUTO-RENEWING DONATIONS IN YOUR ACCOUNT OR BY EMAILING INFO@PILOTLIGHTCHEFS.ORG .  UNLESS YOU OPT-OUT OF RENEWING YOUR DONATION, YOUR DONATION WILL OCCUR ON THE RECURRING BASIS YOU SELECTED. 

 

IF YOU HAVE ANY QUESTIONS ABOUT BEING A PILOT LIGHT PARTNER, PLEASE CONTACT INFO@PILOTLIGHTCHEFS.ORG TO OBTAIN DETAILS REGARDING YOUR RECURRING DONATIONS TO PILOT LIGHT AND THE CANCELLATION PROCEDURE.

  

Acceptable Use Policies

 

Compliance with Laws.  You are responsible for complying with all applicable laws, regulations, and rules in connection with your access to and use of the Site and Content, including all applicable rules regarding online conduct.

 

Children’s Information.  This Site is not intended for use by anyone under the age of thirteen (13) years old.  No services on the Site are directed towards anyone under the age of thirteen (13) years old.  If you are under the age of thirteen (13) you must immediately stop using this Site.   If you suspect your child has provided Personal Information to us, please contact as at info@pilotlightchefs.org, provide us the relevant information, and we will make commercially reasonable efforts to promptly delete your child’s Personal Information. 

 

Anti-virus.  You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site.

 

Information You Provide.  When you provide information to us, you agree that you only provide current, accurate information and you only provide information that you have a right to share.  You must be truthful and accurate in your computer identity.  Do not provide us any information that violates law or another person’s intellectual property rights or privacy rights.

 

Use for its Intended Purpose.  You shall only use the Site and the Content for their intended purposes for which they are made available to you by Pilot Light. 

 

Restrictions on Your Use of the Site

 

  • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site without Pilot Light’s prior written consent.

 

  • You will not access the Site for the purpose of engaging in competitive activities with Pilot Light. You will not use the Site for commercial purposes.

 

  • You will not use the Site for unlawful purposes.

 

  • You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the interests or reputation of Pilot Light.

 

  • You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.

 

  • You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

 

  • You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.

 

  • You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

 

  • You may not frame, mirror or circumvent the navigational structure of any part of the Site.

 

  • You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

 

  • You shall not access any Portal Account of which you are not the authorized user.

 

  • You shall not: (i) use or attempt to access an account or passwords that are not yours, (ii) misrepresent your identity in any way, (iii) alter or delete the content of any messages originating from another person, (iv) intercept messages without permission, (v) use Pilot Light computing resources beyond your authorization, and (vi) make Pilot Light resources available to third parties

 

  • Unauthorized anonymous and/or pseudonymous communications are prohibited.

 

  • You may not engage in any conduct while using the Site that Pilot Light considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

 

Social Media

 

Our Posts on Social Media. Links to Pilot Light’s social media pages (e.g., Facebook, Twitter, YouTube, and Instagram) are included on the Site (“Social Media Pages”).  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Pilot Light’s views.  If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that person or party or any product, service or company they represent.

 

Your Posts on Social Media.  We may or may not review content you and other third parties post on our Social Media Pages.  We may remove anything that we deem offensive, inappropriate or inconsistent with the vision of Pilot Light posted on our Social Media Pages.  We may work with third-party service providers of the Social Media Pages to block users who are being offensive, abusive, disruptive or otherwise violating these Terms or applicable laws.  We will treat all information posted to our Social Media pages as non-confidential.

 

Career Opportunities

 

Our Site will list available positions to join our staff. When there are open positions, you may apply to work at Pilot Light by directly emailing info@pilotlightchefs.org. You warrant that all information contained in any job application you provide is current, accurate, and complete.  Do not provide any resume or other job application materials for any person other than yourself.  Your submission of a job application does not in any way require Pilot Light to review that application or consider you for employment.  Career opportunities on the Site are subject to change at any time, at our sole discretion and without notice.

 

NO WARRANTY

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PILOT LIGHT EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

 

THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  PILOT LIGHT MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  PILOT LIGHT DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT.  PILOT LIGHT DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

 

PILOT LIGHT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY OR EXACTNESS OF THE INFORMATION CONTAINED IN THE CONTENT.  THE CONTENT IS NOT INTENDED IN ANY CAPACITY TO BE USED AS OR IN PLACE OF PROFESSIONAL MEDICAL, NUTRITIONAL OR HEALTH-BASED ADVICE, GUIDANCE, DIAGNOSIS, OR TREATMENT.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

 

LIMITATION OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PILOT LIGHT  OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS OR LICENSORS (TOGETHER, “PILOT LIGHT PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF A PILOT LIGHT PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.

 

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE PILOT LIGHT PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

 

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE PILOT LIGHT PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH:

  • YOUR MODIFICATIONS,
  • YOUR VIOLATION OF APPLICABLE LAWS,
  • YOUR MISUSE OF THE SITE OR ANY CONTENT,
  • YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS OR POLICIES ON THE SITE; AND
  • YOU VIOLATION OF PILOT LIGHT’S OR A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

 

WE RESERVE, AND YOU GRANT TO US, THE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.  IF A PILOT LIGHT PARTY DEMANDS INDEMNITY UNDER THIS SECTION, SUCH PILOT LIGHT PARTY HAS THE RIGHT TO SELECT LEGAL COUNSEL OF ITS OWN CHOOSING TO REPRESENT PILOT LIGHT, AND YOU AGREE TO PAY THE REASONABLE COSTS AND ATTORNEYS’ FEES INCURRED BY SUCH LEGAL COUNSEL.

 

Third-Party Websites and Content

 

The Site may link to, or be linked to, websites not maintained or controlled by Pilot Light.  The Site also contains certain third-party Content.  We provide third-party links and Content for your convenience, not as an endorsement.  Presence of third-party links or Content does not mean there is any association between Pilot Light and any third party. 

 

When leaving the Site, it is the terms and privacy policy of that third party that govern your use of third-party websites (and such third-party’s use or your Personal Information), not these Terms. You access third-party Content and websites at your sole risk.  Pilot Light has no responsibility for any third-party Content. 

 

Linking to the Site

 

You may not link to the Pilot Light Site on your website or elsewhere without Pilot Light’s prior written consent.  If Pilot Light grants its consent, additional terms may apply.  You shall pay for all costs and expenses incurred by Pilot Light to enforce this clause.

 

Feedback

 

If you submit comments or feedback to us regarding the Site or Content, they will be treated in accordance with our Privacy Policy. We may use any comments and feedback that you send us without attribution or compensation to you.  If you elect to take any surveys or provide reviews regarding the Content, you agree to only submit honest responses based on your actual experience.  We reserve the right to delete any reviews that violate this provision.

 

Governing Law

 

These Terms are governed by the laws of the state of Illinois, U.S.A. without regard to conflict of laws principles.  You agree to venue exclusively in the state or federal courts located in Chicago, Illinois, with respect to any dispute arising under these Terms and you expressly agree to the exclusive jurisdiction of those courts. 

 

Termination

 

If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content (including terminating access to your Portal Account). 

 

Discontinuation.  Pilot Light may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.  In addition, Pilot Light may suspend or terminate your Portal Account, in whole or in part, temporarily or permanently.

 

No Liability for Suspension or Termination.  Pilot Light shall not be liable to you or anyone else for any damages arising from or related to Pilot Light’s suspension or termination of your access to the Site, Content, Portal Account or in the event Pilot Light modifies, discontinues or restricts the availability of the Site, Content, or Portal Account (in whole or in part).

 

Site Unavailability.  Without limiting the generality of the previous sections, the Site, Content or a Portal Account may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

 

Cooperation with Law Enforcement

 

Pilot Light will cooperate with law enforcement if you are suspected of having violated applicable laws, rules or regulations.  YOU WAIVE AND HOLD PILOT LIGHT AND ITS REPRESENTATIVES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS.

 

Use in the United States. 

 

The Site is intended for use in the United States only.  We do not guarantee that use of the Site will be available or permitted in any location other than the United States.  If you choose to access the Site from a location other than the United States, you do so at your own risk

 

Assignment

 

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.  Your assignment in breach of this section is void.

 

Entire Agreement

 

These Terms, the Privacy Policy, any terms set forth throughout the Site, are the entire agreement between you and Pilot Light with respect to your access to and use of the Site.  In the event of conflict between the Privacy Policy, these Terms, and any terms set forth throughout the Site, the terms control in the order listed in this sentence. 

 

Waiver

 

Pilot Light’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision.  Any waiver will be effective only if in writing and signed by Pilot Light.

 

Severability

 

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.

 

Electronic Communications

 

These Terms and any other agreements, notices, or communications between you and Pilot Light may be provided to you electronically if permitted by law.  Pilot Light may provide notices to you by using any contact information provided by you or through your Portal Account, or by posting such notices to the Site.  Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

 

Agreement to Arbitrate

 

BOTH PARTIES AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO SITE THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.

 

  • YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST PILOT LIGHT IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING.  In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Pilot Light’s right to appeal.

 

  • Good Faith Discussions. You and Pilot Light must first attempt to resolve any dispute by good faith discussions or email.  If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.

 

  • Rules. You and Pilot Light agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”).  The Rules can be found at:  https://www.adr.org/Rules.  You and Pilot Light agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.

 

  • Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator.  If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.

 

  • Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site, including as to the enforceability and/or formation of this agreement to arbitrate made between you and Pilot Light.

 

  • Location. You agree that arbitration shall take place exclusively in Chicago, Illinois.  However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details).  Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.

 

  • Time Limit. Any claim by you arising in connection with the Site must be commenced by you within one (1) year of the dispute giving rise to the claim.

 

  • Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law.  The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.

 

  • Changes to this Agreement to Arbitrate. If Pilot Light modifies this arbitration provision, you may reject that change by sending Pilot Light written notice within thirty (30) days of our posting of the change, in which case we will terminate your Portal Account.

 

  • The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties, but will have no precedential effect.  The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.

 

  • Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.

 

  • Exceptions. Notwithstanding anything to the contrary in this Section, you and Pilot Light each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.

 

Terms Applicable To New Jersey Consumers 

 

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.  Pilot Light reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

 

Contact Us

 

Please direct any questions and concerns regarding these Terms to us at the following:

 

Pilot Light

Attn:  Executive Director

1516 W. Carroll Ave., Suite 1
Chicago, IL 60607

info@pilotlightchefs.org

 

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