TERMS OF USE
Last updated
August 24, 2024
AGREEMENT TO OUR LEGAL TERMS
We are
DLTN LLC, doing business as
Cheffie
("Company," "we,"
"us," "our").
We operate the website
https://www.cheffie.us
(the "Site"), the mobile application
Cheffie (the
"App"), as well as any other related products and
services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at
4249440029, email at
contact@cheffie.us, or by mail
to 190 Lake Shore Dr,
Duxbury,
MA 02332,
United States.
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity
("you"), and
DLTN LLC, concerning your access to
and use of the Services. You agree that by accessing the Services,
you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Services from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Legal Terms from time to
time. We will alert you about any changes by updating the "Last
updated" date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any
revised Legal Terms by your continued use of the Services after the
date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years
old. Persons under the age of 18 are not permitted to use or
register for the Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended
for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not
use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in or through the Services "AS
IS" for your personal, non-commercial use or internal business
purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable,
revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business
purpose.
Except as set out in this section or elsewhere in our Legal Terms,
no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal
Terms, please address your request to:
contact@cheffie.us. If we ever
grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners
or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the
(a) rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination
for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal
information, or other material ("Contributions"). Any Submission
that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users of
the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including
use of your name, trademarks, and logos):
By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use,
copy, reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to
prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicense the licenses granted in this
section. Our use and distribution may occur in any media formats and
through any media channels.
This license includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or upload:
By sending us Submissions and/or posting Contributions through any
part of the Services or making Contributions accessible through the
Services by linking your account through the Services to any of your
social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions
and you expressly agree to reimburse us for any and all losses that we
may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have
no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach
of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the
authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes upon
any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3.
USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as
necessary;
(3) you have the legal capacity and you agree to comply with these
Legal Terms;
(4) you are not a minor in the jurisdiction in which you
reside; (5) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized
purpose; and (7) your use of the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Services (or any portion thereof).
4.
USER REGISTRATION
You may be required to register to use the Services. You
agree to keep your password confidential and will be
responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise
objectionable.
5.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- American Express
- Mastercard
- Discover
- PayPal
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall
be
in US dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon
placing your order.
If your order is subject to recurring charges, then you
consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable
order.We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
6. CANCELLATION
You can cancel your subscription at any time by logging into your
account. Your cancellation will take effect at the end of the current
paid term.
If you are unsatisfied with our Services, please email us at
contact@cheffie.us or call us
at 4249440029.
7.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may
not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
8.
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and
other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions").
Contributions may be viewable by other users of the Services
and through third-party websites. As such, any Contributions
you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the
Services.
9.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services
or making Contributions accessible to the Services by
linking your account from the Services to any of your
social networking accounts, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions,
and grant and authorize sublicenses of the foregoing. The use
and distribution may occur in any media formats and through any
media channels.
This license will apply to any form, media, or technology now
known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more
appropriate locations on the Services; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your
Contributions.
10.
GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful
language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews
should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6)
you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion.
We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable,
and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or
distribute all content relating to review.
11.
MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install
and use the App on wireless electronic devices owned or controlled
by you, and to access and use the App on such devices strictly in
accordance with the terms and conditions of this mobile application
license contained in these Legal Terms. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the
App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3)
violate any applicable laws, rules, or regulations in connection
with your access or use of the App; (4) remove, alter, or obscure
any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App
for any revenue-generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the App
available over a network or other environment permitting access or
use by multiple devices or users at the same time; (7) use the App
for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App;
(8) use the App to send automated queries to any website or to send
any unsolicited commercial email; or (9) use any proprietary
information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use
with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either
the Apple Store or Google Play (each an "App Distributor") to access
the Services: (1) the license granted to you for our App is limited
to a non-transferable license to use the application on a device
that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this
mobile application license contained in these Legal Terms or as
otherwise required under applicable law, and you acknowledge that
each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the App; (3) in the
event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund
the purchase price, if any, paid for the App, and to the maximum
extent permitted by applicable law, the App Distributor will have no
other warranty obligation whatsoever with respect to the App; (4)
you represent and warrant that (i) you are not located in a country
that is subject to a US government embargo, or that has been
designated by the US government as a "terrorist supporting" country
and (ii) you are not listed on any US government list of prohibited
or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the App, e.g., if you have
a VoIP application, then you must not be in violation of their
wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application
license contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted
the right) to enforce the terms and conditions in this mobile
application license contained in these Legal Terms against you as a
third-party beneficiary thereof.
12.
SOCIAL MEDIA
As part of the functionality of the Services, you may link your
account with online accounts you have with third-party service
providers (each such account, a "Third-Party Account") by
either: (1) providing your Third-Party Account login information
through the Services; or (2) allowing us to access your
Third-Party Account,
as is permitted under the applicable terms and conditions that
govern your use of each
Third-Party Account.
You represent and warrant that you are entitled to disclose your
Third-Party Account
login information to us and/or grant us access to your
Third-Party Account,
without breach by you of any of the terms and conditions that
govern your use of the applicable
Third-Party Account,
and without obligating us to pay any fees or making us subject
to any usage limitations imposed by the third-party service
provider of the
Third-Party Account.
By granting us access to any
Third-Party Accounts,
you understand that (1) we may access, make available, and store
(if applicable) any content that you have provided to and stored
in your
Third-Party Account
(the "Social Network Content") so that it is available on and
through the Services via your account, including without
limitation any friend lists and (2) we may submit to and receive
from your
Third-Party Account
additional information to the extent you are notified when you
link your account with the
Third-Party Account.
Depending on the
Third-Party Accounts
you choose and subject to the privacy settings that you have set
in such
Third-Party Accounts,
personally identifiable information that you post to your
Third-Party Accounts
may be available on and through your account on the Services.
Please note that if a
Third-Party Account or
associated service becomes unavailable or our access to such
Third-Party Account is
terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the
Services. You will have the ability to disable the connection
between your account on the Services and your
Third-Party Accounts
at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not
limited to, for accuracy, legality, or non-infringement, and we
are not responsible for any Social Network Content. You
acknowledge and agree that we may access your email address book
associated with a
Third-Party Account
and your contacts list stored on your mobile device or tablet
computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Services. You
can deactivate the connection between the Services and your
Third-Party Account by
contacting us using the contact information below or through
your account settings (if applicable). We will attempt to delete
any information stored on our servers that was obtained through
such
Third-Party Account,
except the username and profile picture that become associated
with your account.
13.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App)
links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content
or items belonging to or originating from third parties
("Third-Party Content"). Such
Third-Party Websites and
Third-Party Content are
not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any
Third-Party Content posted
on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the
Third-Party Websites or
the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites
or any Third-Party Content
does not imply approval or endorsement thereof by us. If you decide
to leave the Services and access the
Third-Party Websites or to
use or install any
Third-Party Content, you
do so at your own risk, and you should be aware these Legal Terms no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through
Third-Party Websites will
be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services
offered on
Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any
Third-Party Content or any
contact with
Third-Party
Websites.
14.
ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space
to place such advertisements, and we have no other relationship with
advertisers.
15.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the
law or these Legal Terms, including without limitation, reporting such
user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services
or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
16.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy:
https://cheffie.us/privacy. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in the
United States. If you access the
Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
the United States, then through your continued use of the Services, you are
transferring your data to
the United States, and you expressly consent to have your data transferred to and
processed in
the United States.
17.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a
"Notification"). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you
may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Services infringes your
copyright, you should consider first contacting an attorney.
18.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT ANDANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
19.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We will not be liable to you or any
third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in
these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or
releases in connection therewith.
20.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of
the State of
California
applicable to agreements made and to be entirely performed within
the State of
California, without regard to
its conflict of law principles.
21.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a "Dispute"
and collectively, the "Disputes") brought by either you or us
(individually, a "Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA")
and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the
American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where appropriate,
limited by the AAA Consumer Rules. The arbitration may be conducted
in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide
a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the
arbitration will take place in
Los Angeles,
California. Except as otherwise
provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in
the
state and federal courts
located in
Los Angeles,
California, and the Parties hereby consent to, and waive all defenses of lack
of personal jurisdiction, and forum non conveniens with respect to
venue and jurisdiction in such state and federal courts. Application
of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act
(UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in
any way to the Services be commenced more than
one (1) years after the cause of
action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or
any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b)
any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of
that court.
22.
CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
23.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) 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
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
24.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
$500.00 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
25.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of:
(1) your Contributions;(2) use of the Services;
(3) breach of these Legal
Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms;
(5) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or (6)
any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the foregoing,
we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
26.
USER DATA
We will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well as
data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any
such loss or corruption of such data.
27.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
28.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
29.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us
on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that
these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Legal Terms and the lack
of signing by the parties hereto to execute these Legal Terms.
30.
CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at:
DLTN LLC
190 Lake Shore Dr
Duxbury,
MA
92332
United States
Phone: 4249440029
contact@cheffie.us