PLEASE READ NOTICE CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS WEBSITE, ONLINE SERVICE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE, ALONG WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE, ONLINE SERVICE OR MOBILE APPLICATION.
Privacy Notice
This privacy notice discloses the privacy practices for chefdavidburke.com. This privacy notice applies solely to information collected by this website, except where stated otherwise. It will notify you of the following:
• What information we collect;
• With whom it is shared;
• How it can be corrected;
• How it is secured;
• How policy changes will be communicated; and
• How to address concerns over misuse of personal data.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email, newsletter sign ups, contact forms, other forms or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
This website tracks information about visits to the site. For example, statistics are compiled that show the daily requests received for particular files on a site, and what areas those requests come from. These aggregated statistics are used to customize the website and marketing efforts, and may also be provided to others.
The site may use “cookies” or “web beacons.” A “cookie” is an element of data that a website can send to your browser, which may be stored on your computer, device or system. Cookies allow us to better serve visitors to our website by offering a tailored experience. A “web beacon,” also referred to as a “spotlight” or “pixel tag,” is used to recognize unique cookies and assist us in determining which advertisements bring users to a specific website or page. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. If you decline to accept the cookie, it will also disable the web beacon. Cookies collect information that might relate to you, your preferences, or your device. This information is used to make the site work as you expect it to, provide a more personalized web experience, connect you with social media networks, and tailor advertising to better match your interests.
Information we collect may be stored on third party data storage systems, and in those instances, we require those third parties to employ security practices and systems designed to protect the security of the information.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via our online contact form or phone number provided on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g, billing or customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.
Contact Form Usage
During use of any of our contact forms, you may be required to give certain information (such as name and email address). This information is used to contact you about the products/services/employment on our site in which you have expressed interest.
Orders
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.
Sharing
We share aggregated demographic information with our partners. This is not linked to any personal information that can identify any individual person.
We partner with other parties to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Other Websites
This website may contain links to other sites, and we make every effort to link only to sites that share our high standards and respect for privacy. However, we are not responsible for the content of or the privacy practices employed by these sites.
We do not sell any personal information that we may collect from you.
Disclaimer
By using this site, you signify your assent to this Online Privacy Policy. If you do not agree to this Policy, please do not use this site. We reserves the right, at our discretion, to change, modify, add, or remove portions of this Policy at any time. Please check this page periodically for changes. Your continued use of the site following the posting of changes to this Policy will mean that you accept those changes.
If you feel that we are not abiding by this privacy policy, you should contact us immediately. Click here for contact information.
TERMS OF USE
These Terms of Use apply to your access to, and use of, all or part of website, online service or mobile application of chefdavidburke.com and any other website, online service, or mobile application where these Terms of Use are posted or are accessible via hyperlink (collectively, the “Site”).
General
We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Site, at any time and in its sole discretion. Any modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such modifications. Your continued use of the Site will confirm your acceptance of such modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop accessing and using the Site.
Privacy Policy
You confirm that you have read our Privacy Policy and the terms of which are incorporated herein, and agree that the terms of the Privacy Policy are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in our Privacy Policy
Conduct
In using the Site, you are prohibited from any resale or commercial use of the Site or any Content (as defined below); any derivative use of the Site or Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from us. You shall be solely liable for any damages resulting from any infringement of any intellectual property or proprietary right, or any other harm resulting from your unauthorized use of the Site.
The Site is for your personal and non-commercial use. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, print and copy portions of the material from the different areas of the Site solely for your own non-commercial use. No rights or licenses to the material or any portion thereof are granted, explicitly or impliedly, and you may not modify, reproduce, distribute, republish, display or transmit any Content without our prior written permission.
Intellectual Property Rights
Unless otherwise noted, the Site and all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of the Site (collectively, the “Content”) are intellectual property owned, controlled or licensed by us. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to the Site or any Content. Nothing on the Sites is to be construed as granting the use of intellectual property displayed on the Site without our prior written permission. Any rights not expressly granted herein are reserved by us and/or third party providers.
Digital Millennium Copyright Act
To notify us of a copyright infringement, contact our Copyright Agent in writing at DBHM, 8223 Village Harbor Drive, Cornelius, NC 28031 and include the following information in writing (see 17 U.S.C. 512(C)(3)):
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by the notification, a representative list of such works;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity that you request to be removed;
- Contact information including name, address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, under the penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright allegedly being infringed.
If, in response to necessary notice of an alleged copyright infringement, DBHM removes your content and you believe that your content is not infringing, or you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in the Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- A description of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement, submitted under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification; and
- Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of the federal court in North Carolina, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, DBHM may send a copy of the counter-notice to the original complaining party informing that person it may replace the removed content or cease disabling it in ten (10) business days unless the copyright owner files an action seeking a court order against the content provider.
Links to Other Websites and Services
The Site may provide links to third-party websites or resources. We provide third-party links for your convenience only, and we are not responsible for the content of any third party websites linked to or from the Site. If you decide to access such third-party websites, you acknowledge that you do so entirely at your own risk.
Comments, Feedback, and other Submissions
We welcome your comments, feedback, and other submissions through the Site. We do not, however, accept confidential or proprietary information. Accordingly, you represent and warrant that all comments, feedback, suggestions, creative materials, information, ideas, notes, drawings, concepts, inventions or other submissions disclosed, submitted, made available or offered to us using the Site (collectively, “Data”) are accurate, not confidential, and not in violation of any contractual restrictions, or other third party rights. Subject to the Privacy Policies, by making a submission, you grant to us a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to collect, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any and all Data without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in this Terms of Use. You agree that you will not provide us with any Data that could allow an individual person to be identified unless there is a field for the provision of such Data.
You may not submit offensive, profane, inappropriate, obscene, defamatory, threatening, unlawful or otherwise objectionable content, or information.
Disclaimer
The Site and all Content, information, services, and products of the Site are provided on an “as is” basis without warranties of any kind, either express or implied, including freedom from computer viruses or other harmful components, and warranties arising from course of dealing or course of performance. We assume no liability or responsibility for errors, mistakes or omissions in the Content or personal injury or property damage of any kind arising out of the use of or inability to use the Sites.
You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and that we will not be liable for any damages of any kind related to your use of the Site. We makes no warranty that the Site will meet your requirements, access to the Site will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the Site will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the Site or pursuant to your use of the Site will meet your expectations, any errors on the Site will be corrected or the Site or services on which they are hosted are free of viruses or other harmful components.
Some jurisdictions do not allow the disclaimer of certain warranties, so all or a portion of the foregoing disclaimer may or may not apply to you.
Limitation of Liability
We will not be liable for the damages of any kind resulting from the use of or the inability to use the Site or from any Content posted on the Site.
Your sole remedy for dissatisfaction with the Site or the Content is to stop using the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you. You agree that use of the Site is at your sole risk and you shall be solely responsible for any damage to your computer system or loss of data that results from access, browsing, or use of the Site, or the downloading or use of any materials, data, text or images from the Site.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to, a violation by you or your agents of these Terms of Use, your infringement of any third party right, including but not limited to any intellectual property or proprietary right, your use of the Site or any other person accessing the Site using your Internet account, or the use of the Site by any other person accessing the Site on your behalf or acting as your agent.
Ability to Agree to Terms of Use
The Site is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are over the age of 18, you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms of Use.
Miscellaneous
The terms and conditions found in this Terms of Use and in the Privacy Policies set forth the entire understanding and agreement between you and Chef David Burke, DBHM with respect to the Site unless certain services offered through the Site require your agreement to additional terms and conditions. You acknowledge that any other agreements between you and Chef David Burke, DBHM with respect to the Site are superseded and of no force or effect. If any provision of these Terms of Use is deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.