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

_
Updated July 2021