Frontier Kitchen University Courses – License and Terms of Use
YOU UNDERSTAND AND AGREE THAT BY CHECKING THE BOX AND/OR CLICKING THE “ACCEPT” OR “I AGREE” BUTTON, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THESE TERMS AND CONDITIONS, WHICH INCLUDE A LIMITED LICENSE, DISCLAIMER OF WARRANTY, AND LIMITATIONS OF LIABILITY. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU WILL NOT BE GRANTED ACCESS TO THE FRONTIER KITCHEN UNIVERSITY COURSE.
This Agreement will become effective when you check the box or click on “ACCEPT” or “I AGREE” (the “Effective Date”).
This License and Terms of Use for the Frontier Kitchen University Courses (the “Agreement”) is a binding contract between you (“Licensee,” “you” or “your”) and Frontier Kitchen University, LLC (“Frontier,” “we,” or “us”). This Agreement governs your access to and use of the Frontier Kitchen University Courses content and materials (collectively, the “Licensed Course”).
1. License.
1.1. Grant of Rights. Subject to and conditioned on your compliance with the terms and conditions of this Agreement, Frontier grants Licensee a revocable, limited, non-exclusive, and non-transferable license to access, download, and view the Licensed Course solely for your personal use.
1.2. Use Restrictions. Licensee shall only use the Licensed Course as permitted under this Agreement and shall not disclose, release, distribute, or deliver the Licensed Course, or any portion thereof, to any third party without Frontier’s prior written consent. Any purpose or use not specifically authorized in this Agreement is prohibited unless otherwise agreed to in writing by Frontier. Without limiting the foregoing and except as otherwise expressly set forth in this Agreement, Licensee shall not at any time, directly or indirectly:
(a) Modify, edit, translate, recast, alter, or otherwise create derivative works of any component of the Licensed Course, in whole or in part.
(b) Remove any proprietary notices included within any component of the Licensed Course.
(c) Distribute, sell, rent, transfer, assign, or otherwise make available the Licensed Course, or any portion or component of thereof, to any third party.
(d) Use the Licensed Course in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
2. Reservation of Rights. You acknowledge and agree that the Licensed Course is provided to you under license, and not sold, to you. You do not acquire any ownership interest in the Licensed Course or any other rights other than to use the Licensed Course in accordance with this Agreement. Frontier reserves all rights not expressly granted to Licensee in this Agreement.
3. Disclaimer of Representations and Warranties. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LICENSED COURSE, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
4. Remedies.
4.1. Equitable Relief. Licensee acknowledges that a breach by Licensee of this Agreement may cause Licensor irreparable damages, for which an award of damages would not be adequate compensation, and agrees that, in the event of such breach or threatened breach, Licensor will be entitled to seek equitable relief, including a restraining order, orders for a preliminary or permanent injunction, specific performance, and any other relief that may be available from any court, in addition to any other remedy to which Licensor may be entitled at law or in equity. Such remedies are not exclusive but are in addition to all other remedies available at law or in equity, subject to any express exclusions or limitations in this Agreement to the contrary.
4.2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR WILL NOT BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE, OR BREACH OF THIS AGREEMENT), REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Termination. Frontier may, in its sole discretion, terminate this Agreement and your right to use the Licensed Course immediately if you, the Licensee, do not comply directly or indirectly with any terms and conditions of this Agreement. Licensee may terminate this Agreement at any time by ceasing access to and use of the Licensed Course and complying with subsection 5.1 below.
5.1. Effect of Termination. Upon expiration or termination of this Agreement for any reason, all licenses and rights granted to Licensee under this Agreement will also terminate and Licensee shall cease using and delete or destroy all copies of the Licensed Course and, upon request by Frontier, certify such compliance in writing to Frontier
6. General.
6.1. Entire Agreement. This Agreement, including and together with any related attachments, is the sole and entire agreement of the parties with respect to the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.
6.2. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the enforceability of any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
6.3. Assignment. Licensee may not assign or transfer any of its rights or delegate any of its obligations under this Agreement without Frontier’s prior written consent. Any purported assignment, transfer, or delegation in violation of this Section is null and void. Frontier expressly reserves the right to assign or transfer any of its rights or delegate any of its obligations under this Agreement. This Agreement is binding upon and inures to the benefit of any such Frontier successors or assigns.
6.4. Choice of Law; Venue. This Agreement and all matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of laws provisions thereof that would require or permit the application of the laws of a different jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement will be instituted exclusively in the federal or state courts in each case located in Chantilly, Virginia, and each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objections based on venue or personal jurisdiction.
6.5. No Waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
6.6. Survival. Any rights, obligations, or required performance of the parties in this Agreement which, by their express terms or nature and context are intended to survive termination or expiration of this Agreement, will survive any such termination or expiration.