Your use of the Chefs Club Collective (“CCC”) Platform andCCC website info@chefsclubcollective.org (collectively, the “Platform”) on which these terms reside and the features therein are subject to these Terms and Conditions of Use (“Terms”). Please read these Terms carefully before using this Platform. The Platform is owned or controlled by CCC. This Platform is intended for and applicable only for users age eighteen and older. If you are under eighteen years of age, you may not use this Platform. By accessing this Platform in any way, including, without limitation, browsing this Platform, using any services, and/or submitting information to CCC, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, including but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law.
From time to time we may update this Platform and these Terms. Your use of this Platform after we post any changes to these Terms constitutes your agreement to those changes effective immediately and prospectively from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. CCC may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that CCC will have no liability to you if this Platform is discontinued, or if your ability to access the Platform or any content you may have posted on the Platform is terminated.
Content on this Platform that is provided by CCC or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“CCC Content”) is the property of CCC and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any CCC Content located on the Platform for any purpose, in connection with products or services that are not those of CCC, and in any other manner that is likely to cause confusion among consumers, that disparages or discredits CCC and/or its licensors, that dilutes the strength of CCC’s or its licensor's property, or that otherwise infringes CCC’s or its licensors’ intellectual property rights. You further agree that you willnot misuse any CCC Content that appears on this Platform in any other way.
If you are a trademark or copyright owner and you believe that your rights have been violated, please contact us at info@chefsclubcollective.org
The following requirements apply to your use of the Platform:
1) No unlawful use.You will not use any electronic communication feature of the Platform for any purpose that is harmful, unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, racist, infringing, pornographic, violent, threatening, or hateful, or otherwise objectionable or inappropriate as determined by CCC in its sole and absolute discretion. You will not impersonate any person or organization, including without limitation, the personnel of CCC, or misrepresent an affiliation with another person or organization.
2) No intellectual property infringementsYou will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
3) Personal information.You will not post, collect or store personal data about other users or that violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication.
4) Commercial use.You will not use the Platform for any commercial purpose not expressly approved by CCC in writing.
5) No viruses.You will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Platform, or any computer software, hardware or telecommunications equipment. You will not attempt to damage or damage the Platform in any way.
6) No ownership rights.You understand and agree that you have no ownership rights in materials you submit to us.
Certain areas of the Platform require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform, or any features at all.
If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to sign in using your Google or Facebook credentials. It is entirely your responsibility to maintain the confidentiality of such credentials. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify CCC immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any credentials or other information which provides you access to the Platform. CCC is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us. You understand that you have no ownership rights in your account or other access to the Platform or features therein.
You agree to indemnify and hold CCC, its officers, employees, and platform contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms or any violations thereof by your dependents or which arises from the use of any Content you submitted, posted, or otherwise provided to CCC or this Platform.
To the extent permitted by applicable law, CCC makes no representations about the reliability of the features of this Platform, the Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. CCC makes no representations regarding the amount of time that any Content will be preserved.
You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any Platforms which contain or suggest an endorsement by CCC without the prior review and written approval of CCC.
THIS PLATFORM IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM, OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CCC (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL CCC BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CCC’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL CCCOR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF CCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
This Platform may hyperlink to platforms not maintained by or related to CCC. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Platform or CCC, and CCC does not endorse and makes no representations or warranties about the content, completeness, or accuracy of those third party platforms. Information you submit at a third party platform accessible from this Platform is subject to the terms of that platform’s privacy policy, and CCC has no control over how your information is collected, used, or otherwise handled.
The Platform is controlled and operated by CCC from within the United States, and is not intended to subject CCC to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the Platform, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of the state of New York without regard to conflicts of laws principles. By using this Platform, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms will be brought exclusively before, the courts located in the Southern District of New York. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED TO THIS PLATFORM AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
You and CCC agree that any controversy or claim arising out of or relating to this Platform, use of the Platform, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against CCC, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If CCC initiates arbitration against you, CCC will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor CCC shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN. YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISION.
Although we intend to provide accurate and timely information on the Platform, the Platform may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. The information published onthe Platform is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information aspossible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify allinformation before relying on it, and all decisions based on information contained on the Platform are your sole responsibility and we shall have no liability for such decisions. If you need specific details about any information contained in our Platform, you should contact us at info@chefsclubcollective.org
Your Relationship With CCC Both you and CCC acknowledge and agree that no partnership is formed and neither you nor CCC has the power or the authority to obligate or bind the other.
Personal Information
On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
AssignmentYou will not assign (including without limitation by operation of law, change of control, or otherwise) your rights or licenses to the Platform provided under these Terms, either in whole or in part, without the prior written consent of CCC, and any attempted assignment contrary to the foregoing will be void andhave no effect. To the extent that you allow a third party to use your device, or access your account, you shall remain solely responsible for the use of the Platform by others using the device or accessing your account. We may assign all or a portion of our rights under these Terms withoutnotice to or consent from you.
Force MajureThe failure of CCC to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities or for any other reason beyond the reasonable control of CCC, shall not be deemed a breach of these Terms.
SeverabilityIf any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
SurvivalThese Terms shall survive the termination or expiration of this Agreement.
Entire AgreementThese Terms constitute a binding agreement between you and CCC, and are accepted by you upon your use of the Platform or your account. These Terms constitute the entire agreement between you and CCC regarding the use of the Platform and your account. By using the Platform you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Suspension and TerminationIf you breach any provision of these Terms or our Privacy Policy you may no longer use the Platform. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Platform or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Platform is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Platform and anything relating to or arising from such use. CCC assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account. If CCCfails to act with respect to your breach or anyone else's breach on any occasion, CCC is not waiving its right to act with respect to future or similar breaches. If you are dissatisfied with the Platform or with these Terms or Privacy Policy , then your sole and exclusive remedy is to discontinue using the Platform. The CCCContent, Representations, and Limitations of Liability, Indemnity, Jurisdiction and Miscellaneous provisions in this Agreement shall survive any termination of this Agreement.