ChefDesk
Terms and Conditions of Usage
ChefDesk
ChefDesk is pleased to offer you access to this Web site (the "Site") and the services and products offered on the Site upon the following Terms and Conditions. By using the Site, you agree to be bound by these Terms and Conditions.
ChefDesk may, in its sole discretion, modify these Terms and Conditions without notice to you. Therefore, please continue to review these Terms and Conditions when using the Site. By continuing to access and use the Site after the Terms and Conditions have been modified, you are agreeing to such modifications.
Billing: You may pay for products purchased on the Site ("Products") in one of three ways. If you elect to submit an order electronically, you must provide valid credit card information on the Site's order form. By submitting such credit card information, you give ChefDesk permission to charge all purchases made through your account to the credit card you designate on the order form. As an alternative to submitting your credit card information online, ChefDesk provides you with the option of either calling or faxing in your credit card number or paying by check or postal order.
Product Sales Terms and Conditions:
a. Shipping and Handling; Taxes: A shipping and handling charge is applied to each Product purchased. You agree to pay for any shipping and handling charges, as well as any and all applicable local and/or state taxes which are required to be collected by law in connection with the purchase of any Products by you or a third party using your account. In addition, users who require that orders be shipped to international addresses will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar fees imposed on such orders.
b. Return Policy: Products purchased from ChefDesk may be returned for any reason within thirty (30) days of the invoice date for replacement, credit or refund. If you request a replacement Product because the Product was damaged when you received it, ChefDesk will pay for all shipping charges in connection therewith. However, ChefDesk will not be liable for shipping charges if a replacement is requested for a Product returned for any other reason. For purchases made by credit card, once we receive your return, your credit card account will be credited for any payments you may have made toward your purchase, unless you request a replacement.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: THE SITE IS PROVIDED BY ChefDesk ON AN "AS IS" BASIS. ChefDesk MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR OFFERED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ChefDesk DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL ChefDesk BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ChefDesk HAS BEEN ADVISED OR HAS CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL ChefDesk BE LIABLE FOR DAMAGES IN EXCESS OF THE GREATER OF THE AMOUNT PAID BY YOU IN THE 12-MONTH PERIOD PRECEDING YOUR CLAIM OR $500.
Intellectual Property: All materials on the Site ("Online Materials"), including names, logos, trademarks, articles, photographs, illustrations, software, and other elements making up the Site are protected by copyrights and other intellectual property rights owned and controlled by ChefDesk or by other parties that have licensed their material to ChefDesk. You may not copy or distribute any Online Materials in any way without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any Online Materials. Any unauthorized attempt to modify any Online Material, to defeat or circumvent ChefDesk's security features, or to utilize the Site for other than its intended purposes is prohibited.
Linking: For your convenience, ChefDesk hyperlinks to other Web sites. These other Web sites are not under the control of ChefDesk, and ChefDesk is not liable or responsible for any content or other information found or used at such Web sites.
Restrictions on Use: You may not use the Site or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. ChefDesk reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.
Access Outside the United States: ChefDesk does not represent that materials and content on or offered through the Site are appropriate or available for use in countries outside the United States. If you choose to use the Site from outside the United States, you are solely responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the Site.
Severability: If any provision of these Terms and Conditions is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in force.
Entire Agreement: These Terms and Conditions and any other terms and conditions of service on the Site constitute the entire agreement between you and ChefDesk and govern your use of the Site.
Choice of Law and Forum: These Terms and Conditions will be governed by the laws of the State of California. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of California and you agree to personal jurisdiction by the state and federal courts sitting in California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions.
Privacy: Any personal or other information submitted by you to the Site is subject to our Privacy Policy.
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