Terms of Use – Safe At The Plate

Return Policy and Terms of Service
100% money back of the purchase price, or credit to your account, if returned within 30 days of enrollment, and if no more than lesson 1 has been studied for courses with more than one lesson. The Municipality f Anchorage Food Handler course and all courses with only one lesson if the lesson is completed are final sale and NOT
refundable. Courses are active for 180 days from the date of enrollment and will stop functioning 180 days after the enrollment. If you have any questions or comments on our Return Policy and/or Terms of Service, please feel free to contact us
at info@safeattheplate.com.

The following are our terms of service for users of Safe at the Plate

Terms of Service

Welcome to Safeattheplate.com, the website and online service of Safe at the Plate (“we” or “us”). This page explains the terms by which you may use our online and/ormobile services, website, and software provided on or in connection with the service
(collectively the “Service”)

By accessing or using the Service, or by clicking “I read and accept the Terms of Service and Terms of Use,” or otherwise affirming your intent to be bound by this Agreement, you signify that you have read, understood, and agree to be bound by this Terms of Service and Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Safe at the Plate’s Privacy Policy, whether or not you are a registered user of our Service.

Safe at the Plate reserves the right to make unilateral modifications to this Agreement and will provide notice of these changes as described below. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. This Agreement applies to all visitors, users, and others who access the Service, whether on behalf of a company or on their
own individual behalf (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Use of Our Service

A. Eligibility

This is a contract between you and Safe at the Plate. You must read and agree to this Agreement before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Safe at the Plate, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Any use of or access to the Service by anyone under 18 is only permitted with the express written permission of such individual’s legal guardian, and, if necessary, you represent and warrant that you have received such permission. The Service is not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of the Service in connection with any minors. The Service is not available to any Users previously removed from the Service by Safe at the Plate.

The Service is designed for use by employers, employees and individuals.

B. Safe at the Plate Service

Subject to the terms and conditions of this Agreement, you are hereby granted a nonexclusive, limited, non-transferable, freely revocable license to use the Service solely as permitted by the features of the Service, which may vary by User. We reserve all rights
not expressly granted herein in the Service and the Safe at the Plate Content (as defined below). We may terminate this license or your access to the Service at any time for any reason or no reason.

C. Safe at the Plate Accounts

Your Safe at the Plate account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Safe at the Plate account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting
to Safe at the Plate with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You acknowledge and agree that if you are opening a Safe at the Plate account or otherwise using the Service as or on behalf of an employer company, organization or other entity, your employees who open employee accounts must and do separately agree to be bound by this Agreement.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Safe at the Plate immediately of any breach of security or unauthorized use of your account. Safe at the Plate will not be liable for any losses caused by any unauthorized use of your account.

By providing Safe at the Plate with your email address and/or mobile number, you consent to our using the email address and/or mobile number to send you Service related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and/or mobile number to send you other messages, such as changes to features of the Service, Knowledge checks, username, invoices, renewals and advertising and marketing communications. Opting out may prevent you from receiving email messages regarding updates, improvements,
or offers.

D. Service Rules and Restrictions

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Safe at the Plate servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Safe at the Plate grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from SafeatthePlate.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) uploading, posting, hosting, or transmitting spam, chain letters, SMSs or other unsolicited email or messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents or any code of a destructive nature through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) verbally, physically or other abuse (including threats of abuse or retribution) of any other User or any Safe at the Plate customer, employee, member, or officer; (xiv) reproducing, duplicating, copying, selling, reselling or otherwise exploiting any portion of the Service, use of the Service, or access to the Service without the express written permission by Safe at the Plate; or (xv) modifying, adapting or hacking the Service or modifying another website so as to falsely imply that it is associated with the Service, Safe at the Plate, or any other Safe at the Plate service.

You agree that the student name entered is the identity of the student taking the course and you have not allowed anyone to assist with the study of the course or the examination with the exception of ADA accommodations. You agree that you have not used any form of electronic or photographic devices such as, but not limited to: flash drives, hard drives, DVD, screen capture or photographs to copy or download any part of the course or examination. You understand and agree that copying or downloading is strictly prohibited and a violation of Copyright Law.

You understand and agree that if it is found that you have violated any of the above, your certificate may invalidated, and your ability to work in the food service industry can be denied.

BY USING THE SERVICE YOU REPRESENT AND WARRANT UNDER PENALTY OF PERJURY THAT (I) YOU DO NOT WORK FOR A COMPETITOR OF TAP; AND (II) THAT YOU WILL NOT PROVIDE ANY INFORMATION GAINED FROM YOUR USE OF OR ACCESS TO THE SITE OR THE SERVICES TO A COMPETITOR OF TAP.

We may, without prior notice, change the Service, stop providing the Service or features of the Service, to you or to Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for any or no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

Though the information contained in the website, courses and software was developed from sources believed to be reliable and trustworthy, Safe at the Plate, their distributors and agents makes no representations, warranties or assurances as to the accuracy, currency, or completeness of the information. There is nothing implied, expressed or warranted in the website, courses and software as to the accuracy or suitability of this information for any purpose. The information in the website, courses, and software are provided “As Is” without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. If the user of the website, courses and software is in a jurisdiction that does not permit exclusion of implied warranties, this exclusion is not applicable to the user.

In no event shall Safe at the Plate, their distributors or agents be liable for any direct, indirect, incidental, special, exemplary or consequential damages however caused, and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the website, courses and software or the information contained therein, even if advised of the possibility of such damage. This disclaimer of liability applies to any damage, injury or loss resulting from inaccuracies or omissions or any actions taken or not taken based on the content of the website, courses and software.

No part of the website, courses and/or software may be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Sections 107 and 108 of the 1976 United States Copyright Act, without prior written permission of the Safe at the Plate. Request to use or reproduce material from this the website, courses and/or software should be directed to Safe at the Plate.

Anyone entering the website, courses and/or software agrees not to reverse engineer the website, courses and/or software or create a similar product for sale. You may not copy, reproduce, retransmit, publish or otherwise use the website, courses and/or software for any reason other than for your own personal use. Safe at the Plate reserves all rights.

The information provided in the website, courses and/or software is not a contract and should not be construed, considered or otherwise implied as a contract. It is designed for informational purposes only and the provisions are not contractually binding. Safe at the Plate has the discretion in making revisions to the website, courses and software to remain current and consistent with our current practices or changes in local, state or federal law. Thus, Safe at the Plate retains the right to modify or discontinue any policies, course or software.

How We Will Handle Disputes

- Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to this Agreement or Safe at the
  Plate ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own
  behalf and cannot seek relief that would affect other Safe at the Plate users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for
  relief) remain subject to this provision.
- Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court
  (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
- The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
- This arbitration provision is governed by the Federal Arbitration Act.
- You can opt out of this provision within 30 days of the date that you agreed to this Agreement. To opt out, you must send your name, residence address, username, email address or phone number you use for your Safe at the Plate account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them to: Safe at the Plate LLC, 3000 Custer Road, Suite 270-171, Plano, Texas, 75075.
- Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Safe at the Plate account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed
  to: Safe at the Plate LLC, 3000 Custer Road, Suite 270-171, Plano, Texas, 75075.
- Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your TAP Series account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
- We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring, or if your claims seek less than $100 and you timely
  provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
- For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Central District of California or a
  state court located in Ventura County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
- The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern this Agreement and any claim, without regard to conflict of law provisions.

Unsolicited Material

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating This Agreement
We may change our Service and policies, and we may need to make changes to this Agreement so that it accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to this Agreement and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated.

ENTIRE AGREEMENT
This agreement contains all the terms agreed to by Safe at the Plate and you with respect to your use of the website, courses and/or software. It replaces and supersedes all previous discussions, understandings, and agreements.

SEVERABILITY

If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

NO WAIVER

The failure of a party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from subsequently enforcing that provision of any other provision of this Agreement.

MODIFICATIONS TO AGREEMENT

This Agreement may be modified at any time without notice. Such modifications become effective on the date that they are first posted. By continuing to use the website, courses and/or software, you agree to be bound by such modifications. Please check back often. Should you not wish to be bound by the modified terms, discontinue your use of the website, courses and/or software.

DISPUTE RESOLUTION

This Agreement is governed by and shall be construed in accordance with the laws of California, without reference to its conflict-of–law provisions. If a dispute arises, you agree to first attempt in good faith to resolve the dispute through mediation to take place in California, utilizing a third-party mediator that is agreed upon by the parties
prior to pursuing other legal remedies including litigation. The prevailing party in mediation is entitled to recover the reasonable cost of attorneys’ fees and costs expended for the mediation, in addition to any other relief that the prevailing party is
granted. If the dispute cannot be settled through mediation, you agree to submit all disputes to binding arbitration conducted under JAMS (Judicial Arbitration and Mediation Services, Inc.) to take place in California, subject to the laws of California and the JAMS rules.

The content of this website, courses and software are intended for informational purposes only.