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TERMS
OF USE
For your protection, we would like to inform
you of the terms and conditions of using our website (the
"Terms of Use"). We reserve the right to update
or change the Terms of Use at any time and for any reason.
By using our site, you agree to be bound by these Terms of
Use and any subsequent revisions to the Terms of Use. The
date of the last update to these Terms of Use is stated at
the bottom of this page.
1.
PRIVACY
To help our chefs meet your needs, we may
ask you for limited personal information upon registration
for our website or services. This limited information may
include (but is not limited to) personal and demographic information,
food preferences, dietary needs, and credit card information.
We respect your privacy and seek to minimize the possibility
of unauthorized use of personal information.
How do we collect personal
information?
We collect customer information using voluntary form submissions,
which ask you to fill in blanks or check boxes. You have no
obligation to provide any information to use our website.
However, should you wish to become a potential customer or
register for our website, you may be required to provide some
or all of the requested information.
How do
we use your voluntary information?
We use the information you provide to us to help better
manage your account and meet your needs. For example, your
chef may use information about your food preferences and dietary
needs to develop a personalized menu for you using our recipe
databases. Your information is absolutely confidential and
is never sold or shared with third parties. To ensure that
unauthorized persons will not access your credit card and
billing information, we maintain such information with a third-party
merchant bank that stores the information on secure servers
using state-of-the-art encryption security. However, we are
not responsible for the maintenance of such servers or security
technologies. Furthermore, we do not store non-financial personal
information on secure servers and cannot guarantee its unauthorized
access. We do not send "cookies" (which automatically
collect information about how you use a website) to your browser.
However, we cannot guarantee that third parties, such as our
affiliates and partners, will not use cookies to measure your
use of certain pages relating to our website.
2.
DISCLAIMERS
NO WARRANTIES
YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. WE PROVIDE
THE SERVICES ON OUR SITE TO YOU ON AN "AS IS" BASIS.
WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICES AND INFORMATION
CONTAINED ON OR MADE AVAILABLE THROUGH OUR WEBSITE. THIS DISCLAIMER
APPLIES TO BOTH ISOLATED AND AGGREGATED USES OF OUR WEBSITE.
IN NO EVENT IS BIG CITY CHEFS LIABLE FOR
ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.
BIG CITY CHEFS IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED
BY YOU THROUGH OUR WEBSITE OR ITS SERVICES.
LIMITATION
OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL BIG CITY CHEFS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING (BUT NOT LIMITED TO) ANY LOSS CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF THE WEBSITE.
3.
USE OF CONTENT
You acknowledge that
our website contains information, data, photographs, graphics,
text, images, typefaces, and other content that are protected
by copyrights, trademarks, or other proprietary rights (the
"Content"), and that these rights are valid and
protected in all forms, media, and technologies existing now
or hereafter developed. Big City Chefs owns or has a valid
license to use Content on the website. You may not modify,
remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from,
or in any way exploit any of the Content, in whole or in part.
Except as permitted by the fair use privilege under the U.S.
copyright laws (see, e.g., 17 U.S.C. Sec.107), you may not
upload, post, reproduce, or distribute Content protected by
copyright, or other proprietary right, without obtaining express
written permission of the owner of the copyright or other
proprietary right.
If you believe that
any of the Content on our website infringes a copyright, trademark,
patent, or other right of another party, please direct an
e-mail to our Customer Service Department at info@bigcitychefs.com,
or call us at 866-321-CHEF.
4.
USER SUBMISSIONS
You agree that you
will not upload or transmit any communications or content
of any type that infringe or violate any rights of any party.
By submitting communications or content to any part of this
website, you agree that such submission is non-confidential
for all purposes. If you make any such submission, you automatically
grant or warrant that the owner of such content has expressly
granted Big City Chefs a royalty-free, perpetual, irrevocable,
world-wide exclusive license to use, reproduce, cerate derivative
works from, modify, publish, edit, translate, distribute,
perform, and display the communication or content in any media
or medium, or any form, format, or forum now known or hereafter
developed.
5.
LINKS TO OTHER WEBSITES
Our website contains links to websites operated
by other parties. We do not, either expressly or implicitly,
endorse the Content on such websites or any association it
may have with third parties. The links are provided for your
convenience only. We have no control over such websites and
do not review the content on those websites. Therefore, we
are not responsible or liable for any content, advertising,
products or other materials on or available from such websites.
You further acknowledge and agree that we are not responsible
or liable, either directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods, or services
available on or through any such website or resource.
6.
GENERAL LEGAL PROVISIONS
Jurisdiction
and Forum
You expressly agree that exclusive jurisdiction for any
dispute with Big City Chefs, or in any way relating to your
use of the Big City Chefs website, resides in the courts of
the State of California, and you further agree and
expressly consent to the exercise of personal jurisdiction
in the courts of the State of California in connection with
any such dispute including any claim involving Big City Chefs
or its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers, and content providers.
These Terms of Use are governed by the internal substantive
laws of the State of California, without respect to its conflict
of laws principles.
Entire Agreement
These Terms of Use constitute the entire agreement between
you and Big City Chefs with respect to the use of the Big
City Chefs website and Content. Your use of the Big City Chefs
website is also subject to the Big City Chefs Privacy Policy.
You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party
content or third-party software.
Termination
Big City Chefs may terminate these Terms of Use at any
time without cause or notice. In addition, Big City Chefs,
in its sole discretion, may terminate these Terms of Use immediately
and without notice for violation of any part of these Terms
of Use. You may also terminate these Terms of Use by simply
discontinuing use of your account and/or the website. In the
event of any termination of these Terms of Use, the restrictions
on your use of the Content (as set forth in Paragraph 4 ("User
Submissions")) shall survive such termination, and you agree
to be bound by those terms.
Indemnity
You agree to defend, indemnify, and hold harmless Big
City Chefs, its officers, directors, employees, agents, licensors,
suppliers, and affiliates from and against any claims, actions
or demands, liabilities and settlements including without
limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, your violation of these Terms
of Use.
Non-waiver
Our failure to exercise or enforce any right or provision
of the Terms of Use shall not constitute a waiver of such
right or provision. If any provision of the Terms of Use is
found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms of Use
remain in full force and effect. No waiver of any of the Terms
of Use shall be deemed a further or continuing waiver of such
term or condition or any other term or condition.
Limitation on Actions
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to
use of the website or these Terms of Use must be filed within
one year after such claim or cause of action arose or be forever
barred.
Any more questions?
We're here to help! Feel free to contact
us via e-mail at:
info@bigcitychefs.com
Last Update: January 29, 2001
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