This Terms of Service Agreement (the “Agreement” or “Terms of Service”) between you and ChefConcierge, LLC (“ChefConcierge” or the “Company”) sets forth the legally binding terms for your use of the ChefConcierge.com website (including all the areas of the site) and any successor websites (“Website”) and the services, software, and applications the Website provides online and makes available offline (collectively, “ChefConcierge Services” or the “Service”). By using the ChefConcierge Services you agree to the Terms of Service, whether or not you become a member.
Chef Concierge is a private password protected site allowing access only to hospitality professionals. A hospitality professional is deemed to be; A hospitality professional is deemed to be; anyone that works for a hotel or motel, a private or corporate concierge, a personal or executive assistant, event planner, reception area attendant, a travel agent or an estate manger.
ChefConcierge may modify this Agreement at any time and such modification shall be effective upon posting by ChefConcierge on the Website. You agree to be bound to any changes to this Agreement when you use the ChefConcierge Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with any of the terms of this Agreement, you must immediately discontinue your use of the ChefConcierge Services.
Please choose carefully the information you post on ChefConcierge.com and that you provide to other users. Your ChefConcierge.com profile and other Content shall not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, otherwise objectionable subject matter, or otherwise violate this Agreement, including section 7 below. Despite this prohibition, information provided by other Website Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive, sexually explicit, or otherwise inappropriate material and ChefConcierge assumes no responsibility or liability for this material. If you become aware of misuse of the ChefConcierge Services by any person, please contact ChefConcierge at support@ChefConcierge.com.
ChefConcierge reserves the right, in its sole discretion, to reject, block, refuse to post or remove any Content or other posting (including private messages) by you, or to restrict, suspend, or terminate this Agreement or your access to all or any part of the ChefConcierge Services at any time, for any or no reason, with or without prior notice, and without liability. ChefConcierge also reserves the right to modify, update, or discontinue the ChefConcierge Services at the Company’s sole discretion, at any time, for any or no reason, and without notice or liability.
Use of and Membership in the ChefConcierge Services is void where prohibited. By using the ChefConcierge Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the ChefConcierge Services does not violate any applicable law or regulation. Your Content and profile may be deleted and your Membership may be terminated without warning, if ChefConcierge.com believes that you are under 13 years of age; (d) you are currently employed as a professional in the hospitality industry and in good standing.
This Agreement shall remain in full force and effect while you use the ChefConcierge Services or are a Member. Hospitality members may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. ChefConcierge may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including ChefConcierge’s rights to use your Content as detailed in Section 6 herein.
You must create an account and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the ChefConcierge Services; (a) business memberships are paid accounts; (b) user memberships by hospitality professionals are complimentary as long as they are employed in the hospitality industry and in good standing.
a. Password and Email: When you sign up to become a Member, you will also be asked to choose a permanent password and supply your email address. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ChefConcierge immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account, and ChefConcierge will not be liable for your losses caused by any unauthorized use of your account.
b. Communications and Notifications: By registering and providing your email address, you consent to ChefConcierge communicating with you by email, including without limitation, to provide you notice of any security breach in lieu of other written notification. You may opt-out of this email communication by contacting us at support@ChefConcierge.com.
By providing ChefConcierge your email address you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to ChefConcierge features and special offers. If you do not want to receive such email messages, you may opt out by changing your account settings or by sending mail to the following postal address:Customer Support
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
c. Types of Membership Accounts:
Personal Membership Account: A “Personal Membership Account” is a Member account for your personal, non-commercial use only. In creating a Personal Membership Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Service. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Membership Accounts. Additionally, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor).
Business Membership (Vendor) Accounts: A “Business (Vendor) Membership Account” is a Member account to be used solely for the purpose of representing your business in connection with the ChefConcierge Services. In creating or updating a Business (Vendor) Membership Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must close your Business (Vendor) Account immediately. A Business Membership Account may be upgraded by utilizing paid add on features.
c.1. Standard Business (Vendor) Membership: This is a membership for all businesses and services. Pay $60 per month / 30 day cancellation anytime. Setup fee is $100. Vendor listing profile page with contact info and notes on specific hospitality industry perks for clients with ability to upload PDF, JPG & Word files. Ability to add an Event on Chef Concierge. Contact link button on listing page to allow concierge to send a quick request. Vendors enjoy the benefits of C2GO membership = easy commission payments and taxation tracking. C2GO collects and verifies all tax info.
c.2. Promoter Business (Vendor) Membership: This is a membership for club or event promoters. Pay $25 per month / 30 day cancellation anytime. Setup fee is $100. Vendor listing profile page with contact info and notes on specific hospitality industry perks for clients with ability to upload PDF, JPG & Word files. Promoters will have a listing profile page with contact info and specific hospitality industry perks for clients. Contact link button on listing page to allow concierge to send a quick request. Ability to create events and link with established events. Promoters enjoy the benefits of C2GO membership = easy commission payments and taxation tracking. C2GO collects and verifies all tax info.
c.3. Single Business (Vendor) Membership: This is a membership for companies of 1 person or less. Pay $25 per month / 30 day cancellation anytime. Setup fee is $100. Vendor listing profile page with contact info and notes on specific hospitality industry perks for clients with ability to upload PDF, JPG & Word files. Vendor listing profile page with specific hospitality industry perks for clients. Contact link button on listing page to allow concierge to send a quick request. Vendors enjoy the benefits of C2GO membership = easy commission payments and taxation tracking. C2GO collects and verifies all tax info.
c.4. ADD ONS: For an additional $40 per Month: Profile Listing will always appear at top of results based on specific keywords. Only one space available per category. Ability to add a Daily Special to advise all users of activity on that day for additional $20 per month. Advertising Package Available for extra $60 per month: Banner Ad/link will appear on other unpaid profile pages, Banner Ad/link will appear on printed venue and event listings Digital PDF files. Banner Ad/link will rotate with other paid advertisers.
c.5 Deliverable terms: All deliverables are electronic and will activate immediately after payment is recieved by ChefConcierge. Delivery time will be based on the payments of the vendor. All deliverable items are described in the membership and add on sections. If a canceallation should occur, service will discontinue imediately on the date specified in the cancellation notice issued by CHefConcierge.
4. Non-commercial Use by Members: The ChefConcierge services are for the personal use of Members only and may not be used in connection with any commercial endeavors except (i) in connection with a Business Membership Account, or (ii) those that are specifically endorsed or expressly approved in writing by ChefConcierge. Illegal and/or unauthorized use of the ChefConcierge Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the ChefConcierge Services.
5. Billing and Payments:
a. General: Member agrees to pay for all products ordered through the Website using the payment method indicated, and provides ChefConcierge express authorization to charge said fees to the Member’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of ChefConcierge products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, ChefConcierge may immediately cease to provide any and all Deliverables to the Member. It is the Member’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “Settings” tab within the “Billing Information” section, once Member has logged into www.ChefConcierge.com. ChefConcierge does not validate all credit card information required by the Member’s payment provider to secure payment.
b. Subscriptions and Cancellations: All subscriptions may be cancelled with a 30 day cancellation. The fees paid for subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current billing period. Prepaid fees for multi-year subscriptions will be refunded based on the number of months remaining on the contract period, beginning with the year following receipt of written cancellation, but may be subject to adjustment according to current product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. To request a refund, please contact ChefConcierge at firstname.lastname@example.org. Any Member choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a $100 processing fee. No partial annual refunds will be provided. Subscriptions will automatically renew using the Member's current credit card account number unless Member cancels their subscription on the Website at http://www.ChefConcierge.com/register three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Member’s email account on record with ChefConcierge. If Member has a question about a cancellation, Member should contact ChefConcierge at support@ChefConcierge.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Members of any such changes. The Member must notify ChefConcierge about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to ChefConcierge’s attention within 90 days, Member agrees to waive their right to dispute such problems or discrepancies.
c. Taxes: Member will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
6. Proprietary Rights in Content:a. ChefConcierge does not claim any ownership rights in the text, information, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post, submit, or transmit to, through, or in connection with the ChefConcierge Services, including without limitation, to your profile, to a business listing page, or to our forum (collectively, “Content”). After posting your Content to the ChefConcierge Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the ChefConcierge Services, you hereby grant, and you represent and warrant that you have the right to grant, to ChefConcierge a worldwide, royalty-free, sublicensable, fully transferable license to use, modify, publicly perform, publicly display, reproduce, incorporate into advertisements, distribute, and create derivative works of such Content through the ChefConcierge Services and other websites and media platforms for commercial and non-commercial purposes.
b. The ChefConcierge Services contain Content of ChefConcierge, which ChefConcierge creates and makes available in connection with the ChefConcierge Services (“ChefConcierge Content”). ChefConcierge owns the ChefConcierge Content, including but not limited to graphics, design, compilation, computer code, products, software, visual interfaces, interactive features, aggregate user ratings, and all other elements and components of the ChefConcierge Services excluding Member Content and content of third parties. ChefConcierge Content is protected by copyright, trademark, patent, trade secret and other laws, and ChefConcierge owns or licenses and retains all rights in the ChefConcierge Content and the ChefConcierge Services. ChefConcierge hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the ChefConcierge Content (excluding any software code) solely for your personal non-commercial use in connection with viewing the Website and using the ChefConcierge Services in accordance with this Agreement.
c. The ChefConcierge Services contain Content of users, Members, and other ChefConcierge licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content or ChefConcierge Content appearing on or through the ChefConcierge Services.
d. ChefConcierge and its licensees may publicly display advertisements and other information adjacent to, or included with, your Content. You are not entitled to any compensation from such advertisements. The manner, mode, and extent of such advertising is subject to change without specific notice to you.
7. Proprietary Rights in Content:
a. ChefConcierge may delete any Content that in the sole judgment of ChefConcierge violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason. ChefConcierge assumes no responsibility for monitoring the ChefConcierge Services for inappropriate Content or conduct. If at any time ChefConcierge chooses, in its sole discretion, to monitor the ChefConcierge Services, ChefConcierge nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member or user posting any such Content.
b. You are solely responsible for the Content that you post on or through any of the ChefConcierge Services, and any material or information that you transmit to other Members and for your interactions with other users. ChefConcierge does not endorse and has no control over the Content. Content is not necessarily reviewed by ChefConcierge prior to posting and does not necessarily reflect the opinions or policies of ChefConcierge. ChefConcierge makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited: The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the ChefConcierge Services. ChefConcierge reserves the right to investigate and take appropriate legal action against anyone who, in ChefConcierge’s sole discretion, violates this provision, including without limitation, removing the offending communication from the ChefConcierge Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that in the sole discretion of ChefConcierge:
a. is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. exploits people in a sexual or violent manner;
d. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
f. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
g. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
h. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
i. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
j. solicits passwords or personal identifying information for commercial or unlawful purposes from other Members or users;
k. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
l. infringes or misappropriates any third party’s patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property;
m. invades or violates any third party’s right to privacy; or
n. promotes negativity or disrespects any other member, vendor or promoter in any way, be it verbal or written; or
o. violates the following partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the ChefConcierge Services.
ChefConcierge reserves the right to investigate and take appropriate legal action against anyone who, in ChefConcierge’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
i. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of invalid data, worms, viruses or other harmful files, copyright, trademark, or patent infringement, or theft of trade secrets;
ii. advertising to, or solicitation of, any Member to buy or sell any products or services through the ChefConcierge Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the ChefConcierge Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, ChefConcierge.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which ChefConcierge.com deems appropriate in its sole discretion;
iii. covering or obscuring the banner advertisements on your personal profile page, or any ChefConcierge.com page via HTML/CSS or any other means;
iv. any automated use of the system, such as using scripts to follow users or send comments or messages;
v. interfering with, disrupting, or creating an undue burden on the ChefConcierge Services or the networks or services connected to the ChefConcierge Services;
vi. attempting to impersonate another Member or person or posting any third party’s (including without limitation any family member’s) information on the ChefConcierge Services without permission;
vii. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
viii. selling or otherwise transferring your profile;
ix. using any information obtained from the ChefConcierge Services in order to harass, abuse, or harm another person;
x. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the ChefConcierge Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, trading reviews with other businesses, or writing a review that you were paid for either directly or indirectly by the business being reviewed;
xi. writing fake or defamatory reviews;
xii. using the ChefConcierge Services in a manner inconsistent with any and all applicable laws and regulations;
xiii. use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the ChefConcierge Services in a manner that sends more request messages to the ChefConcierge Services servers than a human can reasonably produce in the same period by using a conventional on-line web browser;
xiv. collect or harvest any personally identifiable information, including names or email addresses, from the ChefConcierge Services, or use the ChefConcierge Services for any commercial solicitation purposes without prior written consent from ChefConcierge; or
xv. rent, lease, transfer, sell, resell, or otherwise exploit for any commercial purpose, any portion of or access to the ChefConcierge Services.
9. Copyright Policy: You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ChefConcierge to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to ChefConcierge by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the ChefConcierge Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the ChefConcierge Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.Please provide this information to:
10. Member Disputes: You are solely responsible for your interactions with other Website Members. ChefConcierge reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Security: ChefConcierge has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. Disclaimers: CHEFCONCIERGE, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND AFFILIATES (COLLECTIVELY, “AFFILIATES”) ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE CHEFCONCIERGE SERVICES, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE OR THE CHEFCONCIERGE SERVICES. CHEFCONCIERGE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE OR THE CHEFCONCIERGE SERVICES. UNDER NO CIRCUMSTANCES WILL CHEFCONCIERGE AND ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST DATA, LOST INFORMATION, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE OR THE CHEFCONCIERGE SERVICES, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. CHEFCONCIERGE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS; AND ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. CHEFCONCIERGE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBER, OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN CONNECTION WITH THE SERVICE.
THE WEBSITE AND THE SERVICE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, CHEFCONCIERGE EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CHEFCONCIERGE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE CHEFCONCIERGE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WIRELESS DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. CHEFCONCIERGE DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE CHEFCONCIERGE SERVICES.
THE CHEFCONCIERGE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY CHEFCONCIERGE. CHEFCONCIERGE HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE CHEFCONCIERGE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. CHEFCONCIERGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. CHEFCONCIERGE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
CHEFCONCIERGE MAY IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT CONTENT. YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST CHEFCONCIERGE FOR SUCH EXPOSURE.
14. Limitation on Liability: IN NO EVENT SHALL CHEFCONCIERGE AND ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE CHEFCONCIERGE SERVICES, EVEN IF CHEFCONCIERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHEFCONCIERGE’S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHEFCONCIERGE FOR THE CHEFCONCIERGE SERVICES DURING THE TERM OF MEMBERSHIP. CHEFCONCIERGE ASSUMES NO LIABILITY WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CHEFCONCIERGE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CHEFCONCIERGE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE CHEFCONCIERGE SERVICES, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT CHEFCONCIERGE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The ChefConcierge Services are controlled from our facilities in the United States. ChefConcierge makes no representations that the ChefConcierge Services are appropriate or available for use in other locations. Those who access or use the ChefConcierge Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.Hospitality professionals should always verify any information prior to distributing, disseminating or sharing it with a client or guest.
15. Disputes: This Agreement and any dispute regarding the ChefConcierge Services shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either ChefConcierge or you may demand that any dispute between ChefConcierge and you about or involving the ChefConcierge Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent ChefConcierge from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity: You agree to indemnify and hold ChefConcierge, its parents, subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or access to the ChefConcierge Services, your violation of this Agreement, breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the ChefConcierge Services causes ChefConcierge to be liable to any third party. ChefConcierge reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ChefConcierge and you agree to (i) cooperate with our defense of these claims and (ii) not to settle any matter without ChefConcierge’s prior written consent.
17. Notification Procedures: ChefConcierge may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Users via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by ChefConcierge in its sole discretion. ChefConcierge reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
18. Statute of Limitations: You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of the ChefConcierge Services or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
a. Entire Agreement. This Agreement constitutes the entire agreement between you and ChefConcierge regarding the use of the ChefConcierge Services. This Agreement operates to the fullest extent permissible by law.
b. No Waiver. The failure of ChefConcierge to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
c. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect. d. Trademarks. ChefConcierge is a trademark of ChefConcierge, LLC.
e. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ChefConcierge without restriction.
f. Severability. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
20. C2GO: Members will utilize C2GO to their own degree and Hospitality Professionals may book with vendors with or without the use of C2GO. However, it is the responsibility of the Hospitality Professional to provide the vendor their C2GO member number to receive a commission. Chef Concierge is not responsible for transactions and will not track commissions. Hospitality Professionals must provide their membership number to vendors in order to receive a commission. All transaction history information is on each individual C2GO online profile and can be accessed here.
Last Updated: June 3, 2016