Terms of Service

chefanieusa.com Terms of Use

Thank you for visiting the chefanieusa.com website and/or mobile applications. By accessing or using this chefanieusa.com website (including the mobile optimized version of the website) or mobile applications (each, a “Site”) (whether automated or otherwise), you agree to be bound by these Terms of Use and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site. Please read these Terms of Use carefully before using the Site.

The Site is owned or operated by chefanieusa.com(referred to herein as “we” or “us” or “our”).

Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. And when you decide to enter a contest or sweepstakes, we present the terms and conditions for the contest or sweepstakes to you. In addition, some areas of the Site provided by our third party partners and are subject to separate terms and conditions of use, which are posted within those areas.

You represent that you are legally able to accept these Terms of Use, and affirm that you are at least 18 years of age and are of legal age to form a binding contract. If you do not agree to these Terms of Use, you may not use the Site.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute resolution, venue and time limit of claims provisions to the extent allowed by applicable law. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.

NOTE: THIS TERMS OF USE CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION” SECTION BELOW.

Rules of Conduct

There are rules of conduct that you are required to follow when you use the Site. You must not:

  • “harvest” (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site.
  • use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site.
  • “stream catch” (download, store or transmit copies of streamed content).
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
  • “flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems.
  • circumvent or reverse engineer the Site or its systems.
  • restrict or inhibit another user or users from using and enjoying the Site.
  • manipulate or forge of identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees.
  • impersonate any person, including, but not limited to, other community members or our employees.

If you post something to the Site, such as comments or other content, do not post anything that:

  • uses strong, vulgar, obscene or otherwise harmful language,
  • uses racially, ethnically or otherwise, objectionable language,
  • infringes any third party intellectual property right (such as copyrights),
  • is defamatory (i.e., something that is negative and untrue about another person or entity),
  • divulges another person’s or entity’s confidential or private information or trade secret,
  • is fraudulent, unlawful, threatening, harassing, abusive or discriminatory,
  • encourages criminal conduct,
  • contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law,
  • advertises or solicits business for products or services other than those that are offered and promoted on the Site,
  • contains any virus, malware, spyware or other harmful content or code, or
  • violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange or the NASDAQ Stock Market.

You also must comply with all applicable laws and contractual obligations when you use the Site.

Ownership of Site Content and Submissions

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site. You may use the Site (including any content and materials included on the Site) for your own personal use. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any materials or content to the Site, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights.

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are assigning to us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

Responsibility for Public Postings and Content

Responsibility for what is posted in public areas of the Site lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

Although Our Representatives may moderate content, conduct and Terms of Use compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Registration and Log In

To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and email password.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information. You shall not use your account for any purpose competitive to chefanieusa.com.

You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

You may cancel your chefanieusa.com account at any time by contacting chefanieusa.com’s customer service as specified on the “Contact Us” page on the Site.

Purchases

chefanieusa.com may, in its sole discretion, choose to cancel or to not process your order. This may occur when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances chefanieusa.com deems appropriate in its sole discretion. chefanieusa.com reserves the right to verify your identity in order to process your order. chefanieusa.com will either not charge you or will refund the charges for orders that we do not process or that we cancel. chefanieusa.com reserves the right to correct any error in the stated full retail price.

The Site may contain information about the availability of products or services. In some instances, a product or service may be listed as in stock when the customer places the order, but at the time the order is processed the item is no longer available. If this happens, chefanieusa.com will notify you by email and the item will be cancelled from your order.

The return policy applicable to specific purchases is determined by us, or the participating merchant or vendor (each, a “Vendor”) on a case-by-case basis and will be identified for each particular product or service on such product page on the Site. The applicable Vendor is solely responsible for processing all returns. If a return policy is not stated on a product page, products are non-returnable, and all sales are final.

chefanieusa.com attempts to provide accurate descriptions of products and services offered on the Site; however, chefanieusa.com does not warrant that such descriptions are accurate, complete, reliable, or error-free. If a third party product or service offered on the Site does not match the description on the Site, your sole remedy is to contact the applicable Vendor.

chefanieusa.com’s sole role is as a service provider for third party Vendors, and the applicability and compliance with any relevant law relating to any service or product is solely determined by and complied with by the applicable Vendor. Vendors are solely responsible for the fulfillment of orders on the Site and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to you and the compliance with all laws. You hereby knowingly waive and release chefanieusa.com from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of a Vendor in connection with the products or services, the provision of the services and products, and compliance by the Vendors with applicable law.

Electronic Communications

The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us electronically, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your statutory rights.

Termination

We may terminate your access to the Site at any time, for any reason. If we do so, we are not required to provide you with any explanation or notice. You are free to stop using the Site at any time. Your obligations under these Terms of Use will continue to apply even after your access is terminated.

Linking to the Site

You may link to the Site, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You may not establish a link to the Site in any website that is not owned by you. The Site may not be framed on any other website. We reserve the right to withdraw linking permission without notice.

Links to Third Party Sites; Dealings with Third Parties

The Site may include links to other websites or resources that are not owned or controlled by us (each a “Third Party Site”). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third Party Site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third Party Site.

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Third Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). We disclaim all liability in connection therewith.

Warranty Disclaimers

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Binding Arbitration

YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SITE (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION BETWEEN YOU AND chefanieusa.com, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND chefanieusa.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and chefanieusa.com otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Binding Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Binding Arbitration” section will survive any termination of these Terms of Use.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and chefanieusa.com otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and chefanieusa.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. chefanieusa.com will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, chefanieusa.com will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Modification” section above, if chefanieusa.com changes this “Binding Arbitration” section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of chefanieusa.com’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and chefanieusa.com in accordance with the provisions of this “Binding Arbitration” section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Opt-Out Procedure

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms herein. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms of Use for the first time. You must mail the Opt-Out Notice to the address provided on chefanieusa.com. Your Opt-Out Notice must include your name, address, and the email address(es) used to log into the chefanieusa.com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

Copyright Infringement Claims

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Counter-Notice

If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to our Copyright Agent:

  1. Your physical or electronic signature;
  2. Identification 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;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Southern District of New York 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, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Severability

If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between chefanieusa.com and you regarding the Site, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between chefanieusa.com and you regarding the Site.

Contact Information

For any questions about these Terms of Use, please contact us via the information provided on chefanieusa.com.