EFFECTIVE DATE May 15, 2023

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH WILEY CANNING COMPANY OFFERS YOU ACCESS TO ITS SERVICES. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.   

Wiley Canning Company (“Wiley Canning Company”) provides this website, www.wileycanningcompany.com (“Website”) and the related services (“Services”) to You the user, as an individual only (“User,” “You,” or “Your”). As a condition of Your use of the Services, You, the User, agree to these Terms of Use (“Agreement”) without limitation or qualification along with the www.wileycanningcompany.com Privacy Policy, which is hereby incorporated into this Agreement by reference. Should You not agree to the terms of this Agreement, please do not use this Website or the related Services or any of its Content.   

Wiley Canning Company may amend this Agreement from time to time by posting new Terms of Use to the Website. Users are required to check this Agreement for updates periodically and Wiley Canning Company has no obligation to inform Users of any amendments to the Agreement. Any use by a User of the Website or Services after the new Terms of Use are posted shall be deemed to constitute an agreement by User to the amended Agreement. 

1. Services. The Services offered by the Website include access to: (a) online recipes; (b) online workshops and classes; (c) cookbooks; (d) photographs; and (e) access to subscriber exclusive content (all referred to as “Content”). The Website shall also provide Users with the ability to purchase: (i) kitchen utensils and other cooking items (“Cooking Utensils”); and (ii) one-on-one consulting services and in-home cooking classes and workshops (“Personal Services”). The type of Content, Cooking Utensils, and Personal Services available to Users may vary based on the type of package selected by the applicable User, and Wiley Canning Company reserves the right to establish multiple tiers of Services with differing types of Content available to Users.    

2. Availability of Content. The availability of Content may change from time to time and Wiley Canning Company does not guarantee that any Content will be available or remain available on the Website or through the Services. Some Content will be available and free for all Users (“Free Content”); some Content will be available for one-time purchase by Users (“Purchasable Content”); and some Content will only be available to User’s who subscribe to receive subscriber exclusive Content (“Subscriber Content”). Wiley Canning Company reserves the right to modify or remove Content without notice for any reason. 

3. Access Eligibility. You must be at least eighteen (18) years of age to register to use the Website and Services. Wiley Canning Company’s Services are available only to individuals who can form legally binding contracts under applicable law. Wiley Canning Company reserves the right to refuse access to or use of our Website or Services to anyone not complying with this Agreement, at any time, in its sole discretion. 

4. Registration/Your Account. You may browse the Website without registering. However, You must register on the Website and establish an account (“Account”) in order to receive Subscriber Content.  During registration, You will be asked to provide information such as Your name, address, email address, and phone number. You will also be asked to create a User ID and password to identify Yourself in future visits to the Website in addition to accepting the terms of this Agreement. It is YOUR responsibility to maintain the confidentiality of Your User ID and password. You agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account to any third party. All of the information that You provide during registration is collected according to the terms of www.wileycanningcompany.com Privacy Policy. PLEASE NOTE: YOU MUST PROVIDE ACCURATE AND CURRENT INFORMATION TO WILEY CANNING COMPANY. IF YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, WILEY CANNING COMPANY RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THE WEBSITE WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.

5. Subscription Fee. In order to receive Subscriber Content, You will be required to pay Wiley Canning Company’s standard monthly or annual subscription fee (as selected under your Account) which shall be posted on the Website (“Subscription Fees”). Wiley Canning Company may modify the Subscription Fees from time to time by posting new Subscription Fees to the Website, and Your continued use of the Services will be considered an acceptance of the updated Subscription Fees. In the event You do not agree to the updated Subscription Fees, Your only remedy is to terminate your Account.  At the time that You establish an Account, You will be required to place a credit card on file with Your Account in order to pay the Subscription Fee, and You authorize Wiley Canning Company to automatically charge the Subscription Fee to Your credit card. You shall be solely responsible for managing Your credit card on file with Your Account. You represent and warrant to Wiley Canning Company that You are the holder of all credit cards on file with Your Account, and if You are not the account holder of a credit card, You have all requisite power and authority to use and incur charges on such credit card on behalf of the account holder. In the event that Your credit card no longer processes, or Wiley Canning Company believes that You are not authorized to incur charges on a credit card with Your Account, Wiley Canning Company may immediately suspend Your Account.

6. Refunds.  All purchases of Purchasable Content and Cooking Utensils are returnable or refundable as long as User contacts Wiley Canning Company at hello@wileycanningcompany and follows Wiley Canning Company’s refund policy which may include returning Purchasable Content and Cooking Utensils to Wiley Canning Company by the method provided by Wiley Canning Company. All purchases of Personal Services and payments of Subscription Fees are final and not subject to refund    

7. Electronic Communications. When You send e-mails to Wiley Canning Company, visit the Website, or participate in a webinar, You are communicating with Wiley Canning Company electronically. By registering Your Account, You agree that Wiley Canning Company may send e-mails to You, and You consent to receive e-mails or other electronic communications from Wiley Canning Company. Generally, Wiley Canning Company will communicate with You by e-mail or by posting notices on this Website. 

8. Term. This Agreement shall remain in full force and effect while You are using the Website or Services whether You are a visitor or a registered User. You may delete Your Account at any time, by logging into your Account and selecting the option to delete Your Account. Upon deletion of Your Account, the Subscription Fee will cease. However, please note that even if You delete Your Account but continue to use the Services as a visitor, Your use of the Services is still subject to this Agreement. Wiley Canning Company may terminate Your Account or rights to use the Services for any or no reason at any time by ceasing to provide the Services to You. You understand that termination of this Agreement and the Account You have created with Wiley Canning Company may involve deletion of Your Account information from  Wiley Canning Company’ databases. Wiley Canning Company will not have any liability whatsoever to You for any termination of Your Account or related deletion of Your information.

9. Ownership of Services and Content. You acknowledge that all the intellectual property rights in and to the Website, Services, and Content are owned by Wiley Canning Company or its third-party licensors. You agree not to: (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Website, Services, or related Content, or the Content’s underlying text, software, graphics, photos, sounds, music, videos, or interactive features; (b) rent, lease, loan, or sell access to the Services or Content; and (c) use the Content in conjunction with any commercial business.     

10. Grant of License. Wiley Canning Company grants You a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Services and Content solely for personal, noncommercial purposes as permitted by this Agreement. This license to You will automatically terminate if You violate this Agreement.  

11. Violation of this Agreement and Refusal of Service. Any use of the Website, Services, or Content in violation of this Agreement may result in, among other consequences, termination or suspension of Your Account and rights to use the Services and Content, and Wiley Canning Company may disclose information about Your use of the Services in accordance with the www.wileycanningcompany.com Privacy Policy. Wiley Canning Company reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Wiley Canning Company reserves the right to limit the number of participants in any given online class or membership. 

12. Lawful Use. You will use the Website, Services, and Content in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes.  

13. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WILEY CANNING COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WILEY CANNING COMPANY MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND CONTENT AND WILEY CANNING COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES OR CONTENT SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability. YOU AGREE THAT THIS WEBSITE, WILEY CANNING COMPANY, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES OR CONTENT.  

15. Indemnification. You agree to indemnify and hold harmless this Website, Wiley Canning Company, its officers, directors, employees, third party licensors, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services or Content in violation of another party’s rights, in violation of any law, in violation of any provisions of this Agreement, or any other claim related to Your use of the Services.   

16. Governing Law and Venue. Your use of the Website and this Agreement shall be governed by the laws of the State of Tennessee where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Davidson County, Tennessee. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against Wiley Canning Company. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.

17. Attorneys’ Fees.  In the event that Wiley Canning Company must bring legal action in order to enforce this Agreement, or You bring legal action against Wiley Canning Company, and if Wiley Canning Company prevails, You shall pay Wiley Canning Company’ costs of litigation, including reasonable attorneys’ fees and court costs.

18. Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Wiley Canning Company without restriction.

19. Survival of Terms. The terms of Sections 3, 4, 6, 8, 9, 10, 12, 13, 14, 15, 16, and 17 of this Agreement shall remain in full force and effect notwithstanding the termination of this Agreement.  

20. Notice and Service of Process. All notices, requests, claims, demands and other communications to Wiley Canning Company shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for service of process to Wiley Canning Company). User shall send notices to Wiley Canning Company at hello@wilecanningcompany or the following address:  

Wiley Canning Company
PO Box 280842
Nashville, TN 37228

Wiley Canning Company is authorized to send any notices to a User under this Agreement to the mailing address, facsimile number and/or e-mail address associated with such User’s Account, as such information may be updated by User from time to time. In the event that a User does not have a valid mailing address, facsimile number and/or e-mail address associated with User’s Account, User agrees that service of process through the Secretary of State where User resides, shall be deemed effective service of process. 

21. Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.