Terms & Conditions for Hudson Kitchen Incubator Membership

The following Terms and Conditions are entered into by and between You (“User” or “You”) and Hudson Kitchen, LLC (“Hudson Kitchen”, “we”, or “us”).

Program

Hudson Kitchen agrees to provide you with access to the program entitled, “INCUBATOR MEMBERSHIP” (the “Program”). As a condition of Your participation in the Program, You agree to the terms and conditions stated herein, as well as all of the terms and conditions set forth in the Facilities Use Agreement, the Policies and Procedures Manual, and the Fee Schedule, all of which are incorporated herein by reference.

Terms of Use & Privacy Policy

Hudson Kitchen’s Terms of Use and Privacy Policy, are hereby incorporated herein by reference. Except as modified hereby, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and these Terms and Conditions, these Terms and Conditions shall govern.

Disclaimer

Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”

Application of the techniques, ideas, and suggestions presented in the Program is done at the User’s sole discretion and risk. Hudson Kitchen makes no representations or warranties of any kind with respect to the Program and its contents. Hudson Kitchen disclaims all such representations and warranties including, but not limited to, any implied warranties of merchantability for any particular purpose.  In addition, Hudson Kitchen does not represent or warrant that the information accessible through the Program is accurate, complete or current. Neither Hudson Kitchen nor any of its directors, officers, members, managers, representatives or employees will be liable or responsible for any special, incidental, or consequential damage caused or alleged to be caused directly or indirectly by the information provided through the Program.

Nature of The Relationship

Nothing herein shall be construed to create a partnership, joint venture, employment, or agency relationship. Hudson Kitchen is agreeing only to provide User with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Fees

In consideration of Your access to the Program, you agree to pay a fee of $599.  User authorizes Hudson Kitchen to charge User’s credit card or debit card for payment.

No Refunds

All sales are final, and Hudson Kitchen does not offer any money-back guarantees. You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances.

YOU are taking full responsibility for YOUR own success and therefore YOU will not request a refund.

The Program

As part of the Program, Hudson Kitchen shall provide the following to User.

Access to Program Materials – Hudson Kitchen shall provide all applicable materials for the Program, which may include lessons, forms, worksheets, checklists, and other information. 

Access to the Preferred Provider Network - Hudson Kitchen shall provide a list of service providers.  We are not responsible for the content, products or services on or available from websites, resources or links displayed on the Site. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Ownership Of All Intellectual Property

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of Hudson Kitchen or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Hudson Kitchen name, the Hudson Kitchen logo, any Hudson Kitchen slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of Hudson Kitchen or its affiliates or licensors. You must not use such marks without the prior written permission of the Hudson Kitchen. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

 Hudson Kitchen content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Hudson Kitchen and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hudson Kitchen or our licensors except as expressly authorized herein.

 You hereby agree that any infringement of Hudson Kitchen’s intellectual property shall result in an immediate termination of the license granted hereunder, and your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Confidentiality

Hudson Kitchen respects the privacy of its Users and will not disclose any information You provide except as set forth herein. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect Hudson Kitchen’s confidential information.

 Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains Hudson Kitchen’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than Hudson Kitchen, it’s owners and employees, and other Program participants.

Personal Responsibility

By participating in the Program, you accept full personal responsibility for the results of your actions. You agree that Hudson Kitchen has not made any guarantees about the results of taking any action, whether recommended in the Program or not. Hudson Kitchen provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Hudson Kitchen.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether Users of Hudson Kitchen or otherwise – applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.  You understand and acknowledge that, as with any business endeavor, there is an inherent risk of capital loss and there is no guarantee that you will reach your goals as a result of participation in the Program.  You further understand and acknowledge that the Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual User or participant.

Materials Provided By You During The Program

Hudson Kitchen does not claim ownership of any information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Hudson Kitchen, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, Hudson Kitchen has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.

No compensation will be paid with respect to the use of your Submission, as provided herein. Hudson Kitchen is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hudson Kitchen’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

No Warranties

Hudson Kitchen makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. Hudson Kitchen further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, Hudson Kitchen disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve Hudson Kitchen of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that Hudson Kitchen shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. Hudson Kitchen and/or its suppliers may make improvements and/or changes in the Program at any time.

Hudson Kitchen and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Hudson Kitchen and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Hudson Kitchen and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if Hudson Kitchen or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

Arbitration

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in New Jersey. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Hudson Kitchen. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Equitable Relief

In the event that a dispute arises between you and Hudson Kitchen for which monetary relief is inadequate and where a party may suffer irreparable harm in the absence of an appropriate remedy, the injured party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

Indemnification

You agree to indemnify, defend, and hold harmless Hudson Kitchen, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of these Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hudson Kitchen reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hudson Kitchen in asserting any available defenses.

Termination And Access Restriction

Hudson Kitchen reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to Hudson Kitchen or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate these Terms and Conditions. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Entire Agreement

This Agreement, along with Hudson Kitchen’s [Terms of Use, Privacy Policy,]-and Facilities Use Agreement, along with any and all exhibits thereto, constitutes the entire agreement between You and Hudson Kitchen with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Hudson Kitchen with respect to the Program.

Severability

If any term or provision hereof is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term hereof or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth herein, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

Hudson Kitchen shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any term hereof when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Hudson Kitchen including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic or similar viral outbreaks, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date

These Terms and Conditions shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.