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.