Chomp by Chef Heather

header photo

Chomp! By Chef Heather Terms of Use

Last Updated Date: March 1, 2016

Chomp! By Chef Heather services and products Terms of Use constitute a legal and binding contract, and by submitting any order or inquiry through the sites listed below, you are agreeing to be bound by all provisions in Chomp! By Chef Heather Terms of Use.

Chomp! By Chef Heather provides certain products and services through: (a) its various websites including, but not limited to, www.chompbychefheather.com and subsequently www.chompbychefheather.ecwid.com and www.chompbychefheather.wordpress.com and its other pages and other websites that it may introduce or acquire in the future; (b) various social media accounts including, but not limited to, Facebook, Twitter, Instagram, Pinterest and YouTube; and (c) through Chomp! By Chef Heather's various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by Chomp! By Chef Heather from time to time (collectively, the "Chomp! Services" and where applicable “Chomp! Store”). Your use of the Chomp! By Chef Heather Services and any of its information, content and services available through the Chomp! By Chef Heather Services are subject to these terms and conditions ("Terms"), the Privacy Policy, and any applicable site-specific policies included by reference in these Terms.

This Agreement may be updated at any time. It is your responsibility to review the most recent version of this Agreement frequently and remain informed about any changes to it.

 

PERSONAL CHEF SERVICES TERMS OF USE

1) Introduction

The following agreement describes the terms on which Chomp! By Chef Heather (“Chomp!”) offers you access to and use of our sites and services. By using sites and services provided by Chomp! as defined in “Description of Services” below, you confirm acceptance of and adherence to this Terms of Use agreement (“TOU”) in its entirety.

The Chomp!, which constitutes a legally binding agreement between you and Chomp!, is effective upon your acceptance of the agreement and for the entire duration of your use of Chomp! services.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of Chomp! sites and services, in which case any continuing access or use of Chomp! sites and services is unauthorized.

The TOU grants you a limited, revocable, non-exclusive license to access the sites and use our services for personal use. You may not use the sites and services beyond the scope of access granted to users by the TOU.

2) Description of Services

Chomp! provides services through chompbychefheather.com and its related pages (together the “Site”). Through the Site, Chomp! provides a platform whereby website visitors (“Users”) may schedule meal preparation completed by independent chefs (“Chefs”) of Chomp!’s choosing.  The Users will pay Chomp! for the service. Together, this set of opportunities allowing a User to dictate and schedule meal preparation is known as the “Chef Services” provided by Chomp!

3) Use of Services

Users understand that the Services provided by Chomp! are limited to those detailed in the “Description of Services” above.

Chef Services

Users understand that Chefs are independent contractors of Chomp!. Chomp! has no responsibility for or control over Chefs’ conduct, quality of service, adherence to laws and regulations or any and all other forms of output, consequences of output or responsibilities borne by the Chefs. Under no circumstances is Chomp! liable in any manner for any loss or damage of any kind (personal, property, financial, or otherwise) incurred.

Reservation Process

Users understand that the process to reserve a Chef is performed as follows. First, a User purchases meal preparation for a particular day and menu item (together an “Event”) using the Site’s functionality. The meal preparation, also known as the service fee, is paid before or after purchase via telephone.  If the User chooses, the Chef will provide ingredients for the Event, of which the reimbursement cost will be charged on a follow-up billing.

Payment Process

Users understand that the process to pay is performed as follows. Chomp! collects Users’ service fee payments before or after Events through a third-party online payment processing system.  If the User chooses, the Chef will provide ingredients for the Event, of which the reimbursement cost will be charged on a follow-up billing.  Users agree that under no circumstances is Salted Chef liable in any manner for any loss or damage of any kind incurred as a result of Users’ use of the third-party online payment processing system.

Payment and Cancellation Policy

Users understand that Chomp! requires full service payment from Users.  If the User chooses, the Chef will provide ingredients for the Event, of which the reimbursement cost will be charged on a follow-up billing.  If the Event is cancelled by the User within 72 hours of the Event, User will forfeit the entire payment. Users understand that upon completion of Events, Chomp! will receive payment regardless of Users’ level of satisfaction with the Events. We understand that clients may want our traditional service for an initial trial visit.  After the first trial visit, we understand if a client does not want to proceed going forward.  However, if a client chooses to continue with our traditional service, we require a minimum of eight visits.  If a client chooses to cancel traditional personal chef service prior to eight visits, we require a cancellation fee of $300.  Please note we consider a pause in service a cancellation if you do not receive service for more than 4 weeks, unless a future service date is specified.

4) Modification

Chomp! reserves the right, at its sole discretion, to modify the Site or Services or to modify these TOU, at any time and without prior notice. If we modify these TOU, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these TOU. By continuing to access or use the Site or Services after we have posted a modification of the TOU on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOU. If the modified TOU are not acceptable to you, your only recourse is to cease using the Site and Services.

5) Moderation

Chomp! has the right, but not the obligation, to regulate content posted to, stored on or transmitted from chompbychefheather.com and its subsequent sites and pages by any User or Chef; and to enforce the TOU for any reason and in any manner or by any means that Chomp!, in its sole discretion, deems necessary or appropriate (including but not limited to screening, blocking, filtering, requiring the use of an application programming interface (API), authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). Chomp! may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.

Users agree that Chomp! has the right, but not the obligation, to terminate a User’s access to the Site and Services by deleting a User’s account or blocking an e-mail or IP address immediately and without notice, for any reason deemed by Chomp! to be inconsistent with the TOU. Users agree that Users will not hold Chomp! liable for any such termination by Chomp!

Users understand that any such measures, actions or inactions taken by Chomp! and any of its members or officers that fall under the “Moderation” section are undertaken voluntarily and in good faith.

6) Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.

7) User Conduct

In connection with your use of the Site and Services, you may not and you agree that you will not:

  • use the Site or Services for any commercial purposes, including, but not limited to, chef recruitment or other purposes that are not expressly permitted by these TOU;
  • use the Site or Services to find a Chef for transactions, either now or in the future, that will not utilize the Site for payment processing and/or that are meant to circumvent the obligation to pay any fees related to Chomp!’s provision of the Services;
  • once an event is complete, contact the Chef you engaged with regarding future Chef Services (you must use the Site to connect with the Chef and use the Site’s payment system if you are to engage with this Chef again. Contacting this Chef for subsequent Chef Services without the use of the Site is an explicit violation of this agreement);
  • contact a Chef for any purpose other than asking a question related to an Event;
  • “stalk”, harass or harm any Chef or collect or store any personally identifiable information
  • copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by these TOU;
  • use our Site or Services to transmit, distribute, post or submit any information concerning any other person, including without limitation, photographs of others without their permission or personal contact information;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • access non-public areas of the Site;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, either as an individual or in conjunction with a third party;

Chomp! will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

8) Proprietary Rights

The Site, including all of its content created by Chomp!, and Services are protected by copyright, trademark and other laws of the United States. Users acknowledge and agree that the Site and Services are the exclusive property of Chomp!. Users agree to not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Site or Services.

9) Fees

When an Event is reserved and completed with a Chef and in consideration for providing the Services surrounding such an Event, Chomp! collects a service fee from Users that is processed on the Site. This fee for Services is a percentage of the total payment processed on the Site. If the User chooses, the Chef will provide ingredients for the Event, of which the reimbursement cost will be charged on a follow-up billing. Regardless of the User’s level of satisfaction with Chef Services provided, Chomp! will retain its fee in consideration of the provision of the Site and Services.

10) Disclaimers

YOUR ACCESS TO, USE OF AND RELIANCE ON CHOMP! IS ENTIRELY AT YOUR OWN RISK. USERS AGREE THAT USERS WILL INDEPENDENTLY PERFORM ANY INVESTIGATION USERS BELIEVE ARE NECESSARY BEFORE ENGAGING IN ANY COMMUNICATION OR TRANSACTION. USERS ACKNOWLEDGE AND AGREE THAT CHOMP! DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY CHEF, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.

CHOMP! (INCLUDING, BUT NOT LIMITED TO, THE SITE, SERVICES, AND CONTENT ACCESSED THROUGH THE SITE AND SERVICES) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, CHOMP! ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES, AND CHEF SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE SITE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SITE.

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Users also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply to Users.

11) Limitations of Liability

CHOMP! AND EACH OF ITS MEMBERS AND OFFICERS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHOMP! BY YOU OR ANYONE ELSE, OR FOR ANY COMMUNICATIONS, INTERACTIONS, TRANSACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND OTHER PERSONS ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHOMP!, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SALTED CHEF OR ANY OF ITS MEMBERS OR OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHOMP!; ANY INABILITY TO ACCESS OR USE THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHOMP!; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHOMP!.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHOMP! (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SITE AND LINKS IN CONTENT ACCESSED THROUGH THE SITE).

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

12) Indemnity

You will indemnify and hold Chomp! and its members and officers harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this TOU agreement, your improper use of the Site and Services, and/or your violation of any law or the rights of a third party.

13) General

This TOU constitutes the entire and exclusive understanding and agreement between Chomp!  and you regarding the Site and Services, and this TOU supersedes and replaces any and all prior oral or written understandings or agreements between Chomp! and you regarding the use of the Site and Services. This TOU will be interpreted in accordance with the laws of the State of Missouri and the United States of America.

Unless stated otherwise in this TOU, if any of the provisions in this TOU shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Chomp! to enforce any right or provision of this TOU will not constitute a waiver of future enforcement of that right or provision.

CHOMP! COOKING CLASSES TERMS OF USE

1) Reservation and cancellation policy

  • PAYMENT IN FULL is required at time of registration by credit card. If you wish to pay by cash, check or gift certificate, please contact Chomp! By Chef Heather (“Chomp!”) by email at chompbychefheather@gmail.com.
  • PAYMENT IN FULL for GROUPS is also required at time of registration.
  • If Chomp! cancels a class due to low enrollment or other extenuating circumstances, all participants will be notified to arrange for a credit towards another class or given a refund.
  • Chomp! may have to substitute food items based on availability.
  • Payments will be processed at time of registration. All Cancellations require a 7 day notice for full refund or class credit. If you cancel less than 7 days before your scheduled class, Chomp! will not issue any refund, credit or class transfer. Chomp! cannot provide refunds, credits or class transfers for classes missed as a result of illness, job loss, personal emergencies or events beyond our control.  You may send a friend in your place in any such circumstance.
  • Once you complete the registration and Chomp! receives the payment, Chomp! will email your registration confirmation and directions to Chomp!

2) Staying safe and healthy

  •  You are responsible for telling Chomp! if you have any medical and/or food allergies.
  •  You should be dressed comfortably but with safety in mind. No open-toed shoes are allowed. Clothing should not be loose. Jewelry should not be worn. Hair clips or bands for long hair should be worn.
  •  Children are not permitted in classes unless otherwise stated.
  • You may register a child to participate in the class, subject to the approval of Chomp!  If approved, your child must be accompanied by an adult also participating in the class.

3) Consent Form, Assumption of Risk, Waiver and Release

The class or classes I am registering to take with Chomp! are for the purpose of learning to cook, which involves preparing and cooking food. Given the common dangers and use of tools and cooking instruments in a kitchen, I agree to hold harmless Chomp!, its employees, owners, chefs, food preparers, attorneys and assigns, from any and all liability, loss, claim, demand, action or cause of action which arises or may arise or be occasioned in any way by my participation in any class. I understand that the classes will involve food preparation and handling and that I am ultimately responsible for maintaining the quality of the food I prepare, cook and eat during any class. Furthermore, I understand that child watching and/or babysitting services may be available during classes, but any child watching or babysitting service during any class is not provided by Chomp!.

Recipes

At the end of the course, the recipes produced will be given to participants. These recipes remain the property of Chomp! Unless otherwise stated verbally or in writing on the Sites or in person. The dissemination of recipes, the property of Chomp!, is not allowed without the prior written consent of Chomp! These recipes shall not be used for copying, reproducing or any commercial use. Such unauthorized dissemination, by whatsoever means, may lead to court proceedings.

Photographs and films

Chomp! authorizes Customers to take photographs only at the end of the class. These pictures must be for personal use only. For any planned publication, the Customer shall firstly obtain written consent from Chomp!, which reserves the right to refuse such authorization and shall validate each published photo.
It is strictly prohibited to film the courses without the prior written consent of Chomp! Such filming shall also require consent from all the participants and the chef in attendance.

Confidentiality

All of your client information is confidential and will not be sold or given to any third party for any purpose.

GENERAL & PRODUCT TERMS OF USE

Authorized Users.

You affirm that you are 13 years of age or older. Indeed, in order to make a purchase through the Chomp! By Chef Heather (“Chomp!”) Store linked to the Sites, subsequent pages and any social networking platforms, you must be 18 and have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use the Chomp! Store if you are unable to form a legal binding agreement with Chomp!  You agree that you are only authorized to visit or use the Chomp! Store for your own personal use and not for any business purposes without a separate agreement in writing with Chomp!

Accounts and Passwords.

 

You may establish an account to use or access certain features of the Chomp! Store through an account. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your Chomp! Store account. By logging into the Chomp! Store, you represent and warrant that: (a) you are the customer who registered for the Chomp! Store; and (b) that you are using the Chomp! Store only for permitted purposes. You will immediately notify FTD by providing notice to Chomp! By Chef Heather at chompbychefheather@gmail.com of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session.

 

If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Chomp! By Chef Heather in its sole discretion deems offensive.

Legal Notices

Chomp! posts legal notices on pages of the Chomp! Store. The Chomp! Store may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of Chomp! or other parties. Except as expressly provided in these Terms, no license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights is granted to or conferred upon you.

Sweepstakes and Contests; Social Media Campaigns

Chomp! may conduct campaigns, contests and sweepstakes through Chomp!’s various social media channels and, as part of those campaigns, contests and sweepstakes, Chomp! may solicit responses and submissions from you using various popular social media mechanisms used to indicate that you are responding to Chomp! For example, you may respond on Facebook, Twitter or Instagram with a #yesChomp or direct your reply to @chompbychefheather. By directing those responses and submissions to Chomp!, such responses and submissions are considered User Content as define under these Terms - and, in addition to the other obligations of the Terms, you agree to grant Chomp! a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television, radio or any other uses or media) such User Content, in whole or in part, including future rights that Chomp! (or its successors) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.

FTD Content

Content on this Chomp! Store that is provided by Chomp!, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans and the compilation of the foregoing ("Chomp! Content") is the property of Chomp! or its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.

 

You are authorized to access and use the Chomp! Store and related Chomp! Content; provided that: (a) your use of the Chomp! Store and Chomp! Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of the Chomp! Store or Chomp! Content on any media without Chomp’s prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of the Chomp! Store or Chomp! Content other than as may be reasonably necessary to use that part of the Chomp! Store or Chomp! Content for its intended purpose; and (d) you will otherwise comply in full with these Terms.

 

Chomp! Use of User Content.

 

Chomp! reserves the right to display advertisements in connection with any content provided by you to FTD ("User Content") and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of Chomp!’s distribution partners and third-party service providers (including their downstream users).

 

Third Party Content

 

Chomp! has no control over and is not responsible and assumes no liability for: (i) any third party content contained within the Chomp! Store; or (ii) the applicable third parties.

 

No Infringing Use

 

Chomp! respects the intellectual property of others, and Chomp! expects its users to do the same. It is Chomp!’s policy, in appropriate circumstances and at Chomp!’s discretion, to disable or terminate users of the Chomp! Store who infringe or repeatedly infringe the copyrights or other intellectual property rights of Chomp! or other rights owners.

 

DMCA Notice

 

If you are a copyright owner or an agent thereof and believe any User Content or other Chomp! Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to Chomp! By Chef Heather at chompbychefheather@gmail.com and include the following information:

 

(a)   Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Chomp! to locate the material; 

(c) Information reasonably sufficient to permit Chomp! to contact you, such as an address, telephone number and, if available, an electronic mail address; 

(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; 

(e) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and 

(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and Chomp! may not be able to remove infringing content.

Mobile Capabilities

The Chomp! Store may include certain services available via your mobile phone, including, without limitation: (a) the ability to upload to Chomp! Sites or applications via your mobile phone; (b) the ability to receive and reply to messages and to send content and messages using text messaging or push notifications; and (c) the ability to access the Chomp! Store from your mobile phone ("Mobile Services").Chomp! does not charge for Mobile Services unless otherwise noted; however, your carrier's normal messaging, data and other rates and fees may still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that Chomp!  may communicate with you regarding the Chomp! Store and Chomp! partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to Chomp!. You agree that in connection with the Mobile Services for which you are registered, Chomp! may send communications to your mobile device regarding Chomp! or other parties. Further, Chomp! may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify Chomp! of any changes to your mobile number and update your account(s) through the Chomp! Store to reflect this change.

Security

You shall not violate or attempt to violate the security of the Chomp! Store. Violations of system or network security may result in civil or criminal liability. Chomp! reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.

Communications

With respect to all communications with Chomp!, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and Chomp! shall have no obligation to protect your communications from disclosure; (b) Chomp! shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Chomp! shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.

Privacy Policy

Your privacy is important to Chomp! Chomp! By Chef Heather’s Privacy Policy is incorporated into, subject to and made part of these Terms.

Binding Arbitration / Class Waiver

 

(a) You and Chomp! By Chef Heather agree that all disputes, controversies and claims related to these Terms (including the Privacy Policy, Chomp! Store, Chomp! Services and Chomp! Content and any order for any material and promotional product from Chomp!) (each a "Claim"), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. 

(b) YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND CHOMP! ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE CHOMP! SERVICES AND CHOMP! STORE, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OR CHOMP!’S PRIVACY POLICY AND PRACTICES (COLLECTIVELY "DISPUTES"), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY "RULES AND PROCEDURES"). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. 

(c) Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Chomp! will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Chomp! also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses. 

(d) The arbitration may be conducted in El Paso County, Colorado or, upon the defendant's request, within 100 miles of defendant's location, unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction. 

 

(e) Notwithstanding anything to the contrary herein, to the extent the Dispute arises from:

 

  1. a violation of your or Chomp!’s intellectual property rights in any manner; 

    (ii) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and 

    (iii) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the "Governing Law" section below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

 

(f) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. 

(g) YOU AND CHOMP! BY CHEF HEATHER AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

 

Indemnity

 

By using any of the Chomp! Store, you agree to indemnify and hold Chomp!, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your use of such Chomp! Store and/or Chomp! Services; (b) any User Content provided or used by you; or (c) your violation of these Terms.

 

Warranty Disclaimer

YOUR USE OF THE CHOMP! SERVICES AND/OR CHOMP! STORE IS AT YOUR SOLE RISK. CHOMP! MAKES NO WARRANTY THAT THE CHOMP! SERVICES AND/OR CHOMP! STORE WILL MEET YOUR REQUIREMENTS. ALL CHOMP! SERVICES AND/OR CHOMP! STORE INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. CHOMP! DOES NOT WARRANT THAT THE CHOMP! SERVICES AND/OR CHOMP! STORE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

 

Participant Agreement Release and Acknowledgment of Risk

Waiver and Release of Liability

In consideration of Chomp! By Chef Heather services listed entirely in this Terms of Use to enable me to participate in one of its programs, I agree as follows:

I fully understand and acknowledge that culinary and travel activities have: (a) inherent risks, dangers and hazards and such exists in my participation in Chomp! By Chef Heather sponsored activities; (b) my participation in such activities may result in injury or illness; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Chomp! By Chef Heather, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes; and (d) by my participation in these activities, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Chomp! By Chef Heather or by any other person.

I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Chomp! By Chef Heather and its agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my participation in Chomp! By Chef Heather’s activities. I further agree that I will indemnify and hold Chomp! By Chef Heather harmless in respect of any claims arising in connection with a theft or damages to my personal or any personal items by another User.

I understand that Chomp! By Chef Heather reserves the right to take photographic or film records of any of its programs, and hereby agree that Chomp! By Chef Heather may use any such photographic or film records for promotional and/or commercial purposes without any remuneration to the User. I agree to assign all right, title and interest I may have in or to any media format including all social networking platforms in which my name or likeness might be used to Chomp! By Chef Heather.

The venue of any dispute between the parties that may arise out of this agreement or otherwise shall be El Paso County, Colorado.