A Culinary Program for the Deaf and Hard of Hearing

Terms and Conditions of Purchase and Use

PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE AND USE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS ANY LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

Last updated: November 19, 2024

This online Terms and Conditions of Purchase and Use (“Terms and Conditions”) governs the sale and use of any online learning course (“Online Course”) offered by Teaching Kitchen 202 (“TK202”) a program of Communication Service for the Deaf Inc. (“CSD”). If there is any conflict between these Terms and Conditions and the TK202 Program Book then the conflict shall be resolved by applying the following order of priority:

  1. TK202 Program Book;
  2. This online Terms and Conditions of Purchase and Use.

The Online Courses are offered on the TK202 website (“Website”) and include information, training, and other materials, videos, and software applications (collectively the “Services”). We develop, distribute, and maintain the Services on an online learning platform (the “Platform”) provided by a third-party, Instructure, running a program called Canvas. Use of the Platform is governed by Instructure’s Master Terms and Conditions. Our Services also include access to a customer relationship management system, also known as a student portal (“Portal”), through which student information can be accessed, including student profile, application, contracts, grades, TK202 Program Book, community updates, and where certain actions can be taken, including requesting transcripts, adding and dropping courses, and making appointments. TK202 will also manage your access to the Platform and Portal and provide support to you where necessary.

A description of the Services with the dates on which the Services will begin is available on the Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website. We reserve the right to vary or withdraw any of the Services described on the Website without notice. We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the Services.

By registering an account and using the Services, you acknowledge that you have had an opportunity to review these Terms and Conditions, agree to be bound by its terms, and understand that CSD may amend these terms from time to time. Please read these Terms and Conditions carefully before purchasing an Online Course and print a copy for your records.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU WILL NOT BE PERMITTED TO PURCHASE OR USE ANY ONLINE COURSE SERVICES FROM TK202.

Definitions

“Confidential Information” is defined as information provided by one party to the other in written, graphic, recorded, machine-readable or other form concerning the business, clients, suppliers, finances, and other areas of the other party’s business or products, including without limitation the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” is defined as the information provided by CSD to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” is defined as the fees paid by you to CSD for the Services.

“Intellectual Property Rights” is defined as copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information, and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” is defined as the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” is defined as the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.

“Website” is defined as www.tk202.org

“You” is defined as the individual purchasing the Services.

Purchasing Online Course Services

In order to access any of the Services online, you must apply for enrollment with TK202 or register for an account with us via the Website. If you already have an account with us, you can log into your account using your username and password.

When you place an order for a Service via the Website, you agree to purchase the Services on these Terms and Conditions. CSD reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed.

Following receipt by us of your order for Services via the Website, we will contact you confirming receipt of your order.

Account Creation

To be eligible to create an account to access the Services, you must:

  • be at least 18 years of age (subject to Ineligibility of Minors section below);
  • have a valid e-mail address that only you have access to;
  • confirm that you are a legal resident of the United States;
  • agree to abide by the TK202 Program Book; and
  • agree to abide by TK202’s Online Etiquette Requirements as outlined below.

You agree that you are responsible for your own use of any Online Course offered by TK202 and for your user postings. “User postings” means all content submitted, posted, published, or distributed on the Platform and Portal by you or other users of the Platform and Portal, including but not limited to all posts, edits, notes, questions, comments, videos, and file uploads. You agree that you will use the Platform and Portal in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules, and regulations, including copyright laws and any laws regarding the transmission of technical data exported from your country of residence. You will not attempt to gain unauthorized access to the Platform and Portal, other accounts, computer systems, or networks connected to any server through hacking, password mining, or any other means not intentionally made available to you by the TK202 team. You understand that you may not submit, post, publish, share, or otherwise distribute any of the above strictly prohibited items on or via the Platform or Portal. You agree to notify TK202 promptly if you suspect unauthorized use of your account at admin@tk202.org. Until you notify TK202, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify TK202 at admin@tk202.org immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Services. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Services to any other person or entity or make any other commercial use of the Services.

In addition, you agree to not engage in:

  • Misrepresenting or attempting to misrepresent your identity while using the Platform and Portal;
  • Content that defames, harasses, or threatens others;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes another’s intellectual property, including but not limited to copyrights or trademarks;
  • Profane, pornographic, obscene, indecent, or unlawful content;
  • Advertising or any form of commercial solicitation;
  • Content related to partisan political activities;
  • Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list collectively “strictly prohibited items”).

Ineligibility of Minors

The Services are not intended for minors under 18 years of age. By accessing or using the Services, you represent that you are at least 18 years of age.

Account Creation Representations and Warranties

When you create an account, you represent and warrant that:

  • The information you provide in the course of creating an account is true and accurate to the best of your knowledge;
  • Any information you provide, including without limitation your name, e-mail, or address, will be updated promptly in the event of any change;
  • You acknowledge and agree that your e-mail will be used by CSD and TK202 to send you e-mail communications about your account and any other information related to the Services;
  • You have the access to the necessary devices, internet connection, and equipment to access the Services;
  • You are responsible for the content that you upload, share, post, link to, or otherwise make available via the Platform and Portal, including all Reviews (“User Content”);
  • You will use the Services only for its intended purposes; and
  • You will use the Services only in the United States.

Account Login Credentials

The e-mail address you use with your account and the password you have selected will serve as your login credentials (“Credentials”) to access the Services. You are responsible for maintaining the confidentiality and security of your Credentials and for any use of or action taken under your Credentials. You should not disclose your Credentials to any unauthorized third parties. If the security of your Credentials has been compromised, you must change your Credentials immediately.

Effects of Creating an Account

Privacy

TK202’s privacy policy (“Privacy Policy”) is located at https://tk202.org/privacy-policy/ and is hereby incorporated into these Terms and Conditions by reference. Please review the Privacy Policy carefully for details related to the collection, use, and disclosure of the information you provide to us. If you wish to change or update the data we hold about you, please e-mail admin@tk202.org.

Communications About Your Account from TK202

You agree and consent to receiving electronic communications, notices, and disclosures in connection with your account and your use of the Services (collectively “Services Communications”) that TK202 sends you at the e-mail you list in your account. It is your responsibility to keep your primary e-mail in your account up to date. You understand and agree that if TK202 sends Services Communications to you but you do not receive it because the e-mail in your account is incorrect, out of date, no longer in service, or no longer owned or accessible by you, TK202 will be deemed to have delivered the Services Communications to you. If you use a spam filter that blocks or re-routes e-mails from senders not listed in your e-mail address book, you must add admin@tk202.org to your e-mail address book in order to receive any Services Communications that CSD or TK202 sends you.

Account Ownership

Your creation of an account to access the Services does not confer rights of ownership of the account to you. TK202 owns the account and will permit you to access the account and the Services; provided, however, that such permission is contingent on you accepting, agreeing to, and abiding by the terms of these Terms and Conditions.

Account Access

Access begins on the date of purchase and will continue for up to one year after you complete Courses unless earlier terminated according to the TK202 Program Book or these Terms and Conditions.

Account Closure

If you do not accept the terms of this document or wish to close your account, you may send an e-mail request to admin@tk202.org.

Cancellations and Refunds

Please refer to the TK202 Program Book for information related to cancellations and refunds.

Account Suspension or Closure by Program Impact

TK202 may at any time and without advance notice terminate, modify, or restrict your use of Services if TK202 determines in its sole discretion that you have failed to pay your fees when due or that your use of the Services:

  • violates the TK202 Program Book;
  • violates these Terms and Conditions;
  • violates any laws, regulations, court orders, or other governmental request or order which requires immediate action;
  • violates any intellectual property rights of CSD or a third party;
  • violates any export or import regulations;
  • is disruptive or causes a malfunction of the Services.

In these circumstances, we will inform you in writing immediately that your access to the online courses and course materials will be restricted.

Rights and Duties Upon Termination or Account Closure

Upon account closure, all rights to the Services terminate immediately, and you must remove any TK202 software or content from your computer or other electronic devices immediately. You remain liable for any acts you have undertaken prior to Termination. If your account is closed, you agree not to re-register for or otherwise access the Services without TK202’s prior written approval.

Licenses

Subject to the terms of this document and your successful registration of an account, CSD hereby grants to you a limited, non-transferable, royalty-free, and non-exclusive license to use the Services. Your use of the Services shall be strictly in accordance with these Terms and Conditions and all policies referenced herein. Nothing in this document grants or transfers to you or to any third party any ownership rights in the Services, including the software and other intellectual property rights related to the Services. Except as specifically set forth in this document, CSD owns and retains all rights, title, and interest in the Services and any and all related materials.

Restrictions on Use

Any TK202 account you register and any materials made available for access or download through the Website are the property of CSD and/or its affiliates. The Website may be protected by federal and international copyright and trademark laws, and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express prior written consent of CSD or its legal representatives. Access to the Website is for your own personal use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end-user license agreements. Any rights not expressly granted by these Terms and Conditions or any other applicable end-user license agreements are reserved by CSD.

Access to Digital Course Materials

Digital materials essential for coursework are accessible through the Platform and Portal, ensuring that students can readily obtain and interact with their required resources. While there are no restrictions on downloading these materials for personal study, limitations imposed by content partners such as the DC Public Library may apply. In the event of updates to digital course materials, TK202 will provide the revised materials directly on the Platform and Portal. Students will be notified of these updates and will have the opportunity to download the new materials for their use, ensuring they have access to the most up-to-date resources for their studies.

Website Availability

The Website will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of CSD, including but not limited to interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.

Discontinuance, Modifications, and Changes to Services and/or the Website

Access to the Services and the Website, and all other features, attributes, or aspects of the Services and Website are subject to change, modification, additions, or deletions at any time without notice at CSD’s sole discretion. CSD may at its sole discretion discontinue any or all aspects of the Services.

Links or Pointers to Third Party Websites

CSD makes no representations whatsoever about any other third-party websites (“Third Party Websites”) that you may access though this Website. When you access a non-TK202 Website, you understand that it is independent from TK202, and CSD has no control over the content on such Third-Party Websites. A hyperlink to a non-TK202 website does not mean that CSD or TK202 endorses or accepts any responsibility for the content or the use of the linked Third-Party Website. You are responsible for taking all precautions to ensure that whatever you select for your own use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED AS-IS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CSD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. CSD DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. CSD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY CSD OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. CSD IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.

Limitation of Liability

IN NO EVENT SHALL CSD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY WITH TO THESE TERMS AND CONDITIONS OR THE SERVICES OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT) EVEN IF CSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CSD TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CSD IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.

Exclusive Remedy

Your sole right and exclusive remedy for breach of these Terms and Conditions by TK202 is to close your account.

Fees

The Fees for the Services shall be as set out on the Website at the time you placed an order for them. Please refer to the Website and the TK 202 Program Book for more information related to Fees, payment options, and financial aid.

TK202 uses a payment processor to collect and process payment. Payment information from registrants is collected via the payment processor and is not stored by TK202. By using the payment processor, you agree to abide by their terms and conditions.

Term

The term of these Terms and Conditions shall commence at the time of your account registration and shall continue for as long as your account remains open and in good standing.

Modifications

You can review the most current version of these Terms and Conditions at any time on this page. CSD and TK202 may modify the terms of these Terms and Conditions from time to time without notice to you. It is your responsibility to check these Terms and Conditions periodically for changes. Continued use of the Website and Services after any modifications to these Terms and Conditions constitutes your acceptance of such modified terms.

Indemnification

CSD shall not be obligated to you for any claims, actions, demands, liabilities arising directly or indirectly out of or from your acts or omissions in connection with:

  • the access or use of the Website and Services;
  • any violation of the TK Program Book and these Terms and Conditions; or
  • any breach or violation of a right of any third party or of any law, statute, ordinance, or regulation related to use of the Website and Services.

You agree to indemnify, defend, and hold harmless CSD, its subsidiaries, officers, directors, employees, agents, representatives, and corporate affiliates from any claims that arise directly or indirectly out of the matters described in this section, including but not limited to reasonable attorney’s fees.

Legal Notices

All legal notices to CSD shall be sent via certified mail, return receipt requested, to the address listed below with a copy sent by e-mail to legal@csd.org. CSD’s receipt of correspondence by e-mail is for convenience only and does not waive any objections, including the lack of jurisdiction or proper service.

Communication Service for the Deaf Inc.
Attn: Legal and Compliance
2028 E Ben White Blvd #240-5250
Austin TX 78741

No Assignment

We will not assign, transfer, or sub-contract any of our rights or obligations to any third party without your prior written consent. However, you may not transfer or assign any part of or the entire Terms and Conditions and the rights hereunder to any other person or entity without CSD’s prior written consent. Subject to the foregoing, these Terms and Conditions will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.

Voluntary Agreement

You affirm that you have carefully read these Terms and Conditions, understand the contents, had an opportunity to fully discuss and review the Terms and Conditions with legal counsel or other advisors of your choice and at your own cost, and have freely and voluntarily agreed to all of these Terms and Conditions.

Severability

If any provision of these Terms and Conditions shall for any reason or to any extent be found invalid or unenforceable, the remainder of these Terms and Conditions and the application of such provision to other persons, entities, or circumstances shall not be affected thereby, but rather shall be enforced to the extent consistent with the intent of the parties hereto and permitted by law. Further, in lieu of any provision found to be illegal, invalid, or unenforceable, there shall be added automatically as part of these Terms and Conditions a provision as similar in terms to such provision deemed illegal, invalid, or unenforceable as may be possible and which shall be legal, valid, and enforceable.

Contact Us

If you have any questions about this Financial Terms and Conditions, please contact us at tk202.org/contact.