Chef Bobo Brands, Inc.
Effective Date: [insert], 2020
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE AND YOU MUST PROMPTLY CEASE USING IT.
You must be over 16 years of age in order to use the Site. If you are under 16, you must read these Terms with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms. Your parent or guardian must agree to these Terms on your behalf.
YOUR ACCESS TO THE SITE
1.1. Internet Access. When using the Site on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.
Your Device. Chef Bobo is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Site, including, but not limited to screen display operation features of your Device.
No Guarantee. Access to the Site may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.
PERMITTED USE AND RESTRICTIONS
2.1 License Grant.
Subject to the terms and conditions of these Terms, Chef Bobo hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Site (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
2.2 Use Restrictions.
You may not access or use the Site or our Products in any way that is not expressly permitted by these Terms. You may not: (a) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or our Products; (b) sell, assign, rent, lease, or grant rights in the Site, including, without limitation, through sublicense, to any other person or entity; or (c) use the Site or our Products for any unlawful, prohibited, abnormal or unusual activity as determined by Chef Bobo in its sole discretion.
We may, but are not obligated to, monitor or review our Site at any time. If we become aware of any possible violations by you of these Terms we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Site pursuant to Section 14 below.
2.4 Violation of these Terms.
You must not use (or permit a third-party to use) the Site: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (c) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site, (d) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Site, (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (f) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Chef Bobo has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.
PAYMENTS AND REFUNDS
If you choose, at your sole discretion, to purchase Products from us, you agree that with your authorization, we may charge your credit card, or other chosen payment method the amount of your selected quantity and variety of Products. You understand that all payments must be in U.S. dollars. All prices displayed on our order forms are quoted in U.S. Dollars.
We use third-party payment service providers in lieu of directly processing your credit card or other payment information. By submitting your payment card details to us or our third-party processors, you grant Chef Bobo the right to store and process your information with such third-parties. You agree that Chef Bobo will not be responsible for any failures of such third-parties to adequately protect your information.
To return unopened items, or if there is a problem with your order, you can contact us via the customer service link on the Site.
Our Products can be ordered and delivered only within the U.S. We cannot guarantee the availability of a particular Product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings, without notice, at any time.
Unless you are an authorized distributor, all Products sold by or received from Chef Bobo are intended to be used for personal purposes only. You may not sell or resell any Products you purchase or otherwise receive from Chef Bobo. Chef Bobo reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as determined by Chef Bobo in its sole discretion.
By agreeing to these Terms or using the Site, you agree to receive communications from us, including via email.
Communications from us may include operational communications concerning your purchases or responses to your inquiries or marketing materials. If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your orders.
INTELLECTUAL PROPERTY RIGHTS
The Chef Bobo and the “Ava Organics” name and logo are trademarks and service marks of Chef Bobo. You do not have the right to use any of our trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
You acknowledge that all intellectual property rights in the Site, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Site and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Chef Bobo, protected by intellectual property laws. You acknowledge and agree that Chef Bobo, or its licensors, owns all right, title and interest in and to the Site, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site is protected by U.S. and international copyright laws. Further, you acknowledge that the Site may contain information that Chef Bobo has designated as confidential and you agree not to disclose such information without Chef Bobo prior written consent. Nothing posted on the Site grants a license to any Chef Bobo trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Chef Bobo. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
THIRD-PARTY SITES AND SERVICES
The Site may contain links to third-party websites, including but not limited to Facebook, Amazon, and Instagram; you may also be able to purchase our Products from third-party e-commerce or retail partners, including but not limited to Costco, Amazon, or Walmart (collectively, “Third-Parties”). You acknowledge that we have no control over these Third-Parties’ websites or locations, and are not responsible for their contents, actions, and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. Your use of the Third-Parties’ websites or locations will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.
NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
YOUR PROMISES TO US
You promise to us that (a) you are authorized to agree to these Terms, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list or prohibited or restricted parties, (d) you assume the risk of any information submitted by you, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.
You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Site or our Products; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
WE PROVIDE THE SITE AND OUR PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SITE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Site is accurate, complete or up-to-date.
To the maximum extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Site and our Products, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third-parties with respect to the Site and all information, content, and Products.
No information or advice obtained through the Site, or affirmation by us, by words or actions, shall constitute a warranty. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SITE OR OUR PRODUCTS, OR YOUR INABILITY TO ACCESS OR USE THE SITE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SITE OR OUR PRODUCTS, OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CHEF BOBO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole remedy for dissatisfaction with the Site including, without limitation, content on the Site or our Products, is to stop using the Site and/or our Products. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Site or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or any links on the Site.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Site, the Products, or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for Products from us in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms, in relation to our Products, or the performance or non-performance of the Site must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHEF BOBO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON CHEF BOBO’S CHOICE OF LAW PROVISION SET FORTH BELOW.
We may terminate these Terms, cancel your order, and/or your permission to use the Site immediately, without prior notice or liability, if: (a) you commit any breach of these Terms; (a) we discontinue the Site and/or any of our Products, or (b) we are prevented from providing the Site and/or any of our Products for any reason.
Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the Site and/or your access to it, or your order, at any time with or without notice to you: (a) if required by law or (b) due to an event beyond our control.
On termination of these Terms for any reason: (a) all rights granted to you under these Terms will cease immediately, (b) you must immediately cease all activities authorized by these Terms (including your use of the Site), and (c) you acknowledge that we may restrict your access to the Site. Sections 6, 7, and 11-17 will survive any termination or expiration of these Terms.
COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
If you have purchased our Products via Amazon.com, please see the section, Third-Party Sites and Services above. All communications which respect to such Products should be sent using Amazon’s user portal and resources.
GOVERNING LAW; JURISDICTION
These Terms are governed by Texas law, without regard to conflict of laws principles. You and Chef Bobo agree that the state and federal courts located in the County of Dallas, Texas will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your access to or use of the Site and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Chef Bobo shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
OTHER IMPORTANT TERMS
The rights granted to you under these Terms may not be assigned without Chef Bobo’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
17.3 Attorneys’ Fees.
The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.
17.4 No Waiver.
Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Chef Bobo of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
17.5 Equitable Remedies.
You acknowledge and agree that Chef Bobo would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
17.6 Entire Agreement.
These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Chef Bobo with respect to the Site and supersedes any and all prior agreements between you and Chef Bobo relating to the Site.
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
CHANGES TO THESE TERMS
We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Site (we may also email you about any material changes to these Terms). We want you to be informed of important changes to our Terms, but some changes are not that important — we don't want to bother you every time we fix a typo. So, while we may modify these Terms at any time, we will notify you of any changes that affect your rights. To the extent permitted under applicable law, we reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice.
If you have any questions or comments relating to these Terms, please contact us at:
Chef Bobo Brands, Inc.
15770 N. Dallas Parkway
Dallas, TX 75248