This policy was last updated June 30, 2020.
Site and Services
Subject to these Terms, users can access and use Company's website(s) available at www.draegers.com, www.draegerscookingschool.com, and other Company-owned or controlled websites, regardless of domain name or IP address (individually, the "Website" and collectively, the "Website") and all features, modalities, applications, programs, and other materials accessible through or in connection with the Websites, including, without limitation, accessing and signing up for our newsletter, enrolling in our online classes, reading our blog and other content we may make available, and making purchases (collectively, the "Services"). Certain Services may be subject to additional terms and conditions (collectively, the "Additional Terms") as may be set forth herein, on the relevant Website, or in connection with your use of the Services. Your use of such Services constitutes your agreement to the applicable Additional Terms and such Additional Terms are hereby incorporated into these Terms. Further, these Terms are in addition to the terms or conditions of any other agreement you may have with Company for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the online courses provided by Company. Company may change, add, remove, suspend or discontinue the Services or any portion thereof, temporarily or permanently, without notice or liability to you. Company may limit or deny access to any Website and the Services at any time, in whole or in part, to any person, geographic area or jurisdiction without liability or obligation to you.
Company exclusively owns all right, title, and interest in and to the Websites and Services, and all materials made available thereon, including, without limitation, recipes, menus, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other materials, unless otherwise specified. No title to or ownership of the Websites or Services, or any proprietary rights therein or related thereto, are transferred under or by virtue of these Terms. Company reserves all rights in and to the Services not expressly granted to you under this Agreement. The Services are protected by copyright laws and treaties, as well as Laws (as defined below) related to other forms of intellectual property rights. Conditioned upon your compliance with these Terms, Company grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Websites and Services for your personal, non-commercial use only during the Term (as defined below).
If you provide any suggestions, requests, recommendations, comments or other feedback ("Feedback") relating to the Websites or Services to Company, you agree that such Feedback is not confidential and will become and remain Company's property. Such disclosure shall constitute an assignment of all worldwide right, title, and interest of every kind therein to Company, and Company and other authorized entities may freely use the Feedback (for any commercial or non-commercial purpose) without any payment or obligation to you. Company will not be obligated to implement any Feedback or correct any defects, bugs or errors in the Websites or Services identified in the Feedback or otherwise.
Company expects all users to respect Company's and third parties' intellectual property and other rights. As such, you agree that:
- You may not interfere with or disrupt the integrity or performance of the Websites or Services or third-party data contained therein; attempt to gain unauthorized access to the Websites or Services or its related systems or networks; copy the Services or any part, feature, function or user interface thereof unless expressly permitted hereunder.
- You may not modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Websites or Services.
- You may not make any commercial use of the Services or Websites, including, without limitation, making any collection or use of any product listings, descriptions, prices, or images.
- All information you provide to Company in connection with any purchase or order made in store or by and through the Websites or Services shall be complete and accurate, and shall not infringe upon the rights of any third party.
- You may not access the Websites or Services to build a competitive product or service, or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- You may not "harvest" or collect information from the Websites or Services (including information about other users of the Websites or Services or offerings, products or services available on the Websites or Services) using an automated software tool or manually on a mass basis.
- You may not reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Websites or Services or any component thereof, in whole or in part, except as and only to the extent such restriction is permitted by any applicable federal, state, or local laws, codes, rules, regulations, or orders of any governmental authority ("Law").
- You may not integrate or link to any open source software or freeware with the Websites or Services.
- You may not remove any proprietary notices, labels or marks from the Websites or Services.
- You may not use the Services to sell, resell, license, sublicense, distribute, rent, or lease any goods or services, including the Websites or Services in a service bureau or outsourcing offering, or otherwise access or use the Websites or Services other than as expressly permitted hereunder.
- You may not permit third parties to do any of the foregoing.
You represent, warrant, and covenant that (i) you are of the legal age of majority in your jurisdiction and/or are an authorized representative of your Company with the full power and authority to enter into the Terms; (ii) you will comply at all times with all relevant and applicable Laws; and (iii) to the extent you share with Company any personal data of any third party for any purpose, you have the authority (including any necessary consents), as required under applicable Law, to provide Company with such personal data, and allow Company to use such personal data for the purposes for which you shared it.
- Term and Termination
You agree to indemnify, hold harmless and defend Company, including its licensees and its and their subsidiaries, affiliates, officers, directors, agents, employees, contractors, successors and assigns (collectively, the "Company Parties"), from and against any and all costs, expenses, liabilities, fines, penalties, and damages, including attorneys' fees, incurred in connection with any and all third party claims arising out of (a) allegations relating to your use of the Websites and Services including, without limitation, that such use infringes, misappropriates or otherwise violates a third party's rights, applicable Laws, or these Terms; (b) any breach of representation, warranty, covenant or obligation hereunder; or (c) Feedback or the use thereof.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY MAKES NO REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND WHATSOEVER. USE OF THE WEBSITES AND SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES AND SERVICES ARE PROVIDED TO YOU "AS IS," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY DOES NOT WARRANT THAT THE WEBSITES OR SERVICES WILL PERFORM ERROR-FREE OR WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; BE FREE FROM BUGS, VIRUSES, HARMFUL CODE, ERRORS, OR OTHER PROGRAM OR SYSTEM LIMITATIONS (OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED); MEET YOUR REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES. COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR DOWNTIME OF THE SERVICE, ANY BREACH OF DATA SECURITY, OR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM USE OF THE WEBSITES OR SERVICES, FAILURE OF THE WEBSITES OR SERVICES, OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY COMPANY PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY COMPANY PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) COMPANY PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY COMPANY PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST COMPANY PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE SERVICES, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH THIRD PARTY PROVIDER AND NOT BY COMPANY.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE SERVICE, COMPANY DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SERVICES AND THAT YOU CONSULT THE PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
Third party names, marks, products, advertisements, or services or pop-up texts or links to third party applications may appear on the Services. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SERVICES, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED WEBSITES, OR ANY LINK CONTAINED IN A LINKED WEBSITE. If you decide to link to any such third party application, you do so entirely at your own risk.
- Healthcare Information
IF THE SERVICES INCLUDE HEALTHCARE INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
IF THE SERVICE INCLUDES INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS YOU SHOULD BE AWARE THAT SUCH INFORMATION IS NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL MEDICINE AND SUPPLEMENT INDUSTRY, YOU SHOULD DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.
We provide information through the Services for your information and enjoyment. Your use of the Services is strictly voluntary. Because some of the information in the Services may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the Services, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
As permitted by applicable law, you knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Company Parties from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the Content, information and materials offered by Company through the Services.
Notwithstanding anything to the contrary and for the purposes of clarity, this section does not expand or limit any express, written product terms that are provided by Company Parties or their suppliers with regard to a physical product sold by Company Parties to you or liability for direct damages for personal injury caused by a product manufactured, sold or provided by Company Parties or to the extent liability is not waivable or cannot be limited under applicable law.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES HOWEVER CAUSED, INCLUDING DAMAGES FOR COMPUTER MALFUNCTION, LOST PROFITS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, AND/OR THE COST TO OBTAIN SUBSTITUTE SOFTWARE OR SERVICES ARISING IN ANY WAY OUT OF THESE TERMS OR THE USE OF (OR INABILITY TO USE) THE WEBSITES OR SERVICES, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED US DOLLARS ($100 USD). ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE WEBSITES OR SERVICES, ANY TRANSACTIONS OCCURRING THEREON, THESE TERMS, OR ANY ORDER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE ABOVE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Linked Websites and Third Party Content and Applications
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Services (including on or via Linked Websites or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Company disclaims all liability in connection therewith.
In addition to official pages on the Websites containing the content of Company in support of Company's mission or related administrative business, the Websites may include third party content on the Websites and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. The views expressed in such Third Party Content should not be construed as representing the views of Company. Company cannot guarantee that it will monitor Third Party Content, nor can it guarantee the accuracy or completeness of such Third Party Content. Company is not responsible or liable in any manner for any Third Party Content, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content, which at all times and in each instance is provided "as is." Users use such Third Party Content at their own risk.
Company may provide information about or links to third party products or services on the Websites or may run third party advertisements or promotions on the Websites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on the Websites.
- Wireless, Messaging and Location-Based Features
The Services may offer certain features and services that are available to you via your wireless mobile device. These features and Services may include the ability to access the Service's features and upload content to the Service, receive messages from the Service, and download applications to your mobile device (collectively, "Wireless Features"). You agree that as to the Wireless Features for which you are registered or otherwise use, we may send communications via such features or apps to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. The Service may include push notifications or other mobile communication capability and you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, may be delivered to your device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your device through your device settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. Contact your carrier with questions regarding these issues.
- Rules for Promotions
- E-Scrip and Draeger's Rewards
Draeger's loyalty program (the "Loyalty Program") allows customers to support select schools or nonprofit organizations through their purchases made via the registered stores. The Loyalty Program is available in select store locations and is administered by and through Escrip.com ("Escrip"). To learn more please visit https://www.escrip.com/merchants/identity/draegers/index.jsp.
- Applicable Laws
These Websites are controlled by Company from its premises within the United States. Company makes no representation that materials in the Websites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Websites from other locations can do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services in violation of U.S. export laws and regulations.
- Children Under the Age of 13:
- Export Controls
Software related to or made available by the Services may be subject to export controls of the U.S.A. To the extent permissible under applicable domestic laws, no software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoes, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce's Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (i) â€“ (iii) above.
Company reserves the right, in its sole discretion, to modify these Terms at any time with or without notice to you, provided that notice may include posting a revised version of these Terms on the Services or Websites. Any such modified Terms will be effective immediately upon being made available to you, and your continued use of the Websites or Services thereafter constitutes your affirmative acceptance of such modified Terms. Otherwise, the Terms may not be modified, in whole or in part, except by written agreement executed by an authorized signatory of Company. You understand that if you do not agree to any modifications, your sole and exclusive remedy is to discontinue any use of the Websites or Services.
- Contact Us: