Terms & Conditions: Users

CHEFDAZZER LLC TERMS OF USE (USERS) Last Revised: ebruary 2, 2018 IMPORTANT: THIS AGREEMENT OF USE (HEREINAFTER “AGREEMENT”) CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) ("YOU". "YOUR", “CUSTOMER MEMBER” AND/OR “CUSTOMER MEMBERS”) AND CHEFDAZZER LLC (HEREINAFTER “CHEFDAZZER,” “WE”, “US” OR “OUR”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF WWW.CHEFDAZZER.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY CHEFDAZZER (THE “WEBSITE(S)” OR “SITE(S)”) AND ANY CHEFDAZZER SOFTWARE, INCLUDING ANY CHEFDAZZER MOBILE APPLICATIONS (THE “APPLICATIONS” OR “APP(S)”) OR OTHER SERVICES OFFERED BY CHEFDAZZER, ITS SUBSIDIARIES AND/OR AFFILIATES, FROM TIME TO TIME (COLLECTIVELY, THE WEBSITE(S), APP(S) AND OUR ERVICES ARE REFERRED TO AS “PLATFORM”). PLEASE ALSO NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS AS DETAILED BELOW. PLEASE READ THIS AGREEMENT CAREFULLY AND FULLY.

Acceptance of Agreement

By using the Platform, you agree to be bound by this Agreement. If you do not agree to this Agreement, then you may not access or use the Platform.

Changes to Agreement

ChefDazzer reserves the right, in its sole discretion, to modify this Agreement, and any other documents incorporated by reference herein, at any time and without prior notice. Any changes to this Agreement will be effective immediately upon posting and will be indicated by a change to the “Last Revised” date at the top of this Agreement. Please note that your continued use of the Platform after such changes will constitute acceptance and agreement to such changes. Please review this Agreement each time to determine if this Agreement has changed.

Consent

You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with this Agreement. If you are accessing and using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement. In that situation, "you". "your", “Customer Member” and/or “Customer Members” will refer to both you and that entity.

You acknowledge and agree that ChefDazzer is a technology services provider that does not provide Personal Cooking Services.

Key Terms

“Allergy Acknowledgement” means the certification completed by the Customer Member on the Platform whereby Customer Member acknowledges and agrees that it assumes sole and exclusive responsibility to obtain any and all food allergy information from himself/herself and Authorized Guests and communicate that food allergy information to Chef prior to Chef’s determination of the Fee due for Personal Cooking Services.

“Application” means the mobile and/or other software application, processes, code, software, and any other medium through which ChefDazzer provides Services on a mobile device to you or on your behalf.

“Authorized Guest” means any individual granted permission at Customer Member’s discretion and consent of Chef, subject to the terms and conditions of this Agreement, to receive Personal Cooking Services of Chef.

“Chef” means an individual with culinary experience who has registered on the Platform to receive Service Requests through the Platform and is registered to advertise Personal Cooking Services, advertises Personal Cooking Services, and uses the Platform to offer or provide Personal Cooking Services to Customer Members.

“Customer Member” or “Customer” means you, an individual or business, and/or person who acts on your behalf, who has a registered account on the Platform for the purpose of purchasing Personal Cooking Services.

“Limited Payment Collection Agent” means the designation of ChefDazzer as the party to whom Customer pays the fees for the Personal Cooking Services of a Chef.

“Negotiable Terms” means certain details of the Personal Cooking Services requested by a Customer Member in a Service Request that are subject to permissible alteration to fit the Customer Member’s needs and preferences, Service Site limitations, and the Chef’s experience, limitations and/or restrictions. Negotiable Terms are limited to: style of cuisine, number of courses, specific food items, specific ingredients or types of ingredients (e.g. no GMO, organize, locally sourced), type of meal preparation (e.g. kosher, halal), travel distance to Service Site, date and time of performance of the Personal Cooking Services, number of consuming guests (i.e. Authorized Guests), and pricing. The Personal Cooking Services, including, but not limited to, the Negotiable Terms, may not be altered in any way that violates this Agreement, the agreement between ChefDazzer and Chef, or that requires the Chef or Customer Member to violate this Agreement or any other agreement between ChefDazzer and Chef and/or Customer Member.

“Personal Cooking Services” means the preparation and cooking of food, cleaning services that are directly related to and arise solely out of the preparation and cooking of food. Personal Cooking Services include the Negotiable Terms. Personal Cooking Services do not include (i) cleaning of the Services Site, food preparation areas, food cooking areas, food consumption areas, dishes, cooking equipment and utensils, appliances, ducts, vents, sinks that is necessary for Chef to prepare and cook food at the Service Site, (ii) the cleaning of any appliances, ducts, or vents.

“Platform” means the Application, Site and any other application, website, or method through which we provide Services to you.

“Services” means the access to and use of the Platform and ChefDazzer’s collection of payment as Limited Payment Collection Agent.

“Service Request” means a request for Personal Cooking Services received through the Platform from a Customer Member. Submission of a Service Request by Customer Member does not guarantee that the selected Chef or any Chef will perform the Personal Cooking Services requested.

“Service Site” means the location a Customer Member identifies in a Service Request for the performance of the Personal Cooking Services.

“Site” means the website www.ChefDazzer.com and any other website through which we provide Services to you.

“Territory” means the legal or governmental jurisdiction in which the Service Site is located.

“User” means any person who uses the Platform including, but not limited to, Customer Members and Chefs.

1. ChefDazzer, Customer Members, and Chefs

 1.1. ChefDazzer Services. The Platform connects Customer Members and Chefs for Personal Cooking Services. The Platform helps Customers locate and identify Chefs for the performance of Personal Cooking Services and helps Chefs showcase their culinary experience, knowledge and skills.

The Platform may provide one or more Chefs with certain information you provide to us including, but not limited to, your first name, contact information, photo, phone number, residential address, business address, Service Site, and your Service Request. You agree to only communicate with Chefs through the Platform, and you agree not to use any Chef data or information for any reason other than the purchase of Personal Cooking Services through the Platform.

1.2. Relationship with Chef. You acknowledge and agree that your purchase of Personal Cooking Services through the Platform creates a direct business relationship between you and the Chef you select and/or the Chef who performs the Personal Cooking Services.

You acknowledge and agree that the Service Site is your residence or place of business or is a residence or place of business that you are authorized to access and use, and which is 3 suitable for the performance of the Personal Cooking Services. You warrant and represent that you have all necessary and required permissions and authority to access, use and occupy the Service Site for the entire time necessary to perform the Personal Cooking Services. You further warrant and represent that you have all necessary and required permissions and authority to permit the Chef to access and occupy the Service Site for the purpose of providing Personal Cooking Services pursuant to the Service Request.

You acknowledge and agree that Chef is obligated only to provide the Personal Cooking Services as ultimately negotiated between you and Chef and that Chef is under no obligation to provide Personal Cooking Services beyond the scope of the Service Request and the Negotiatable Terms.

 1.3. Relationship with ChefDazzer. You acknowledge and agree that ChefDazzer is the Limited Payment Collection Agent only and does not provide Personal Cooking Services. You acknowledge and agree that ChefDazzer does not have, and does not warrant or represent that it has, any control over Chef’s provision of Personal Cooking Services nor does ChefDazzer direct or instruct the performance of the Personal Cooking Services performed by Chef. The relationship between you and ChefDazzer is limited to ChefDazzer’s provision of the Platform and as Limited Payment Collection Agent and is in all respects subject to the terms and conditions of this Agreement.

2. ChefDazzer Platform: Customer Member Account and Use

2.1. Services Request. Customer Members use the Platform to locate Chefs available to perform Personal Cooking Services for them in their residence or place of business. Customer Members have access to the profile information created by Chefs to advertise and showcase Chef’s culinary experience, knowledge and skills. When a Customer Member submits a Service Request, ChefDazzer sends that Service Request to the selected Chef or, if not Chef is selected, ChefDazzer may send the Service Request to Chefs located in the nearest applicable Territory. The Service Request will include information about the Customer Member, as well as the details of the Personal Cooking Services requested.

Submission of a Service Request does not guarantee acceptance by the selected Chef or any Chef. Customer Member and Chef shall communicate through the Platform to agree upon certain Negotiable Terms of the Service Request. Chef may choose to accept, reject or modify any Service Request. If rejected, Customer Member may select another available Chef. If Chef accepts the Service Request, with or without further negotiation of the Negotiated Terms, Chef and Customer Member shall use the Platform to communicate to confirm Service Site and scheduling.

Upon Acceptance of a Service Request, Customer Member will use the Platform to pay for the Personal Cooking Services by submitting payment to ChefDazzer as Limited Payment Collection Agent for the selected Chef.

2.2. Account Creation. Customer Members must create a profile with ChefDazzer (“ChefDazzer Account”) to submit a Service Request and/or access and use certain features of the Platform.

You must provide accurate, current and complete information during the registration process and keep your ChefDazzer Account and public ChefDazzer Account profile page information up-to-date at all times.

ChefDazzer may make access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, including, but in no way limited to, completion of a verification process, satisfaction of specific quality or eligibility criteria, payment of a deposit, ratings or reviews thresholds, payment history, or reservation and cancellation history.

2.3. Account Verification. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Chef’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Chefs to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Chefs, (ii) screen Chefs against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Chef, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). To the extent ChefDazzer performs any verification of Chefs, and although ChefDazzer disclaims any obligation to do so, you acknowledge and agree that no verification process is 100% accurate or complete. To extent ChefDazzer provides you any Chef verification information, you understand and agree that the information may not be accurate or complete, and ChefDazzer does not warrant the accuracy or completeness of any verification information.

3. Provision of Services

3.1. Personal Cooking Services. Chef is solely responsible for determining the most effective, efficient and safe manner to provide Personal Cooking Services, the applicable guidelines in this agreement, and all food safety laws and regulations in the Commonwealth of Massachusetts.

You are responsible for providing reasonably necessary cooking equipment such as pots, plans, utensils, tableware, and cooking appliances. You are responsible for providing ovens, stoves, or other heat-sources as necessary for the cooking services. Additionally, you are required to provide water and water-sources such as faucets, sinks, drains, or other kitchen fixtures as reasonably required for the provision of the Personal Cooking Services. You acknowledge that it is your responsibility to ensure that the Service Site has all necessary appliances and equipment for Chef to perform the Personal Cooking Services. You acknowledge and agree that you will not use Platform to request food delivery service. Any delivery or acceptance of pre-cooked meals is considered a breach of this Agreement and may result in Customer Member’s and Chef’s denial of use of, and access to, the ChefDazzer platform.

Chef is authorized to reject any Service Request that exceeds Chef’s skills, experience, or other limitations including, but not limited to, travel distance, number of guests, style of cuisine, and/or Service Site limitations.

3.2. Authorized Guests. Customer Member who submits a Service Request may permit, at Customer Member’s discretion and consent of Chef, a certain number of Authorized Guests to receive the Personal Cooking Services along with Customer Member at the Service Site. Chef will not be obligated to provide Personal Cooking Services to any individual other than Customer Member without Chef’s consent. Customer Member is responsible for the acts or omissions of its guests, whether or not Authorized Guests.

3.3. Food Preparation and Safety. You acknowledge and agree that ChefDazzer has no control or authority over Chef’s food maintenance, handling, preparation and performance of the Personal Cooking Services. You acknowledge and agree that it is Chef’s responsibility to source, purchase, and prepare food in accordance with the Service Request. It is Chef’s responsibility to exercise reasonable care and to comply with USDA food safety guidelines and all applicable local and state food safety regulations. ChefDazzer is not liable for any and all disputes, demands, claims, losses, injuries or damages of any kind that may arise from Chef’s sourcing, purchase, maintenance, handling, preparation and service of food or performance of the Personal Cooking Services.

3.4. Allergy Safety. You acknowledge and agree that you are solely and exclusively responsible for obtaining and communicating to Chef any and all food allergies of yourself and all guests, whether or not Authorized Guests, and that you will confirm the Allergy Acknowledgement through the Platform prior to the commencement of the Personal Cooking Services. ChefDazzer disclaims any and all responsibility for ensuring that food complies with any Customer Member’s and/or Authorized Guest’s allergy requirements. The health and safety of Customer Members and Authorized Guests is a top priority and any failure to comply with these allergy requirements is a breach of this Agreement. that may result in your denial of access to, and use of, the Platform. You agree to indemnify and hold harmless ChefDazzer from any and all liability, disputes, demands, claims, losses, injuries or damages of any kind that arise out of or are related to your failure to comply with this section.

3.5. Dietary and Religious Compliance. You acknowledge and agree that you are solely and exclusively responsible for ensuring any dietary and/or religious compliance for yourself and all Authorized Guests. Chef and ChefDazzer disclaim any and all responsibility for ensuring that food meets the dietary and/or religious concerns of Customer Member and Authorized Guests. You agree to indemnify and hold harmless ChefDazzer from any and all liability, disputes, demands, claims, losses, injuries or damages of any kind that arise out of or are related to any dietary and/or religious non-compliance of food.

3.6. Conduct. You acknowledge and agree that the scope of the Personal Cooking Services will be determined by the Service Request and Negotiable Terms. You agree and acknowledge that your use of the Platform is exclusively for finding an independent contractor to provide Personal Cooking Services.

You acknowledge and agree that Chefs reserve the right to cancel your Personal Cooking Services request at any time if they determine that your behavior constitutes harassment against persons because of race, religion, creed, national origin, ancestry, sex (including pregnancy), gender (including gender nonconformity and status as a transgender or transsexual individual), age, physical or mental disability, citizenship, genetic information, past, current, or prospective service in the uniformed services.

4. Fees/Charges

4.1. Fees for Personal Cooking Services. You acknowledge and agree that the Chef will determine the fees to be charged to you by us for the Personal Cooking Services (“Fees”). A Fee is charged for each performance of Personal Cooking Services. The Fee is a fixed fee determined by the Service Request and Negotiable Terms accepted by Chef. You acknowledge and agree that the Fee agreed upon by you and Chef does not include any gratuity. Any gratuity should be paid directly to Chef at the conclusion of the Personal Cooking Services.

4.2. Limited Payment Collection Agent. You appoint ChefDazzer as the Limited Payment Collection Agent solely for the purpose of collecting the Fee from you via the payment processing functionality facilitated by the Platform. You agree that payment made to ChefDazzer is equivalent to payment made directly to Chef. You acknowledge and agree that, in accepting appointment as the Limited Payment Collection Agent, ChefDazzer does not assume any liability for any acts or omissions of the Chef, Customer Member and/or Customer Member’s guests (whether or not an Authorized Guest). You acknowledge and agree that ChefDazzer shall deduct a Service charge equal to fifteen (15%) (“Service Charge”) from the Fee. You agree that this Service Charge is not a gratuity.

4.3. Cancellation Charges. If you cancel a Service Request (i) at least seven (7) full days prior to the scheduled date of performance of the Personal Cooking Services, you will be charged a cancellation fee in an amount equal to fifteen percent (15%) of the Fee; or (ii) at least three (3) full days prior to the scheduled date of performance of the Personal Cooking Services, you will be charged a cancellation fee in an amount equal to fifty percent (50%) of the Fee. The cancellation fee shall be deducted from any refund paid to you. If you cancel a Service Request less than three (3) days prior to the performance of the Personal Cooking Services, the cancellation fee shall be equal to the Fee paid, and no refund shall be paid.

In the event Chef cancels any Service Request after payment of the Fee, Customer Member will be refunded the full amount of the Fee.

5. Platform: Licenses/Content/Property

5.1. License Grant. We hereby grant you a non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with this Agreement. As a condition of your use of the Platform, you warrant that you will not use the Platform for any purpose that is not contemplated by this Agreement, unlawful or prohibited by this Agreement. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform (“Content”), is the exclusive property of ChefDazzer or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Platform. The Content is not for resale. You agree to use all protected Content solely for your personal use, and will make no other use of the Content without the express written permission of ChefDazzer and the copyright owner, if different.

You agree that you do not acquire any ownership rights in any of the Content. We do not grant you any licenses, express or implied, to the intellectual property of ChefDazzer or our licensors except as expressly authorized by this Agreement.

5.2. User Content. Through the Platform, Users may submit, upload, post, publish or otherwise make available to us, Chefs or others, content, including requests for support assistance, communication between Chefs and Customer Members and personal, biographical, and information for purposes of requesting Personal Cooking Services (“User Content”). Any User Content provided by you remains your property. However, by voluntarily posting User Content, you hereby grant us a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us, our users, or anyone else, through direct communication with us or the use of features contained within or ancillary to the Platform. Further, you hereby grant us the right to incorporate any User Content in other works in any form, media, or technology now known or later developed. We will not be required to treat any User Content as private and may use any User Content in our business, to include advertising and marketing, without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations. You acknowledge that we have complete discretion on whether to provide attribution to User Content and that such User Content may be shared with our subsidiaries, affiliates, or business partners. You also grant us the right to pursue legal action against any person that violates your or our rights in the User Content by a breach of any of the provisions of this Agreement.

With regard to any User Content that you submit or otherwise make available, whether to us solely, or to any other persons, you represent that:

(i) you are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases required to grant us the license to the User Content as set forth above; and,

(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to submit, post, or provide, or to allow the furnishing of, User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, willfully false or misleading, or otherwise offensive, as determined by us in our sole and absolute discretion, whether or not such material may be protected by law. We may, but shall not be obligated to review, monitor or remove User Content at our sole and absolute discretion and at any time and for any reason, without notice to you.

5.3. Communication Service. The Platform contains a Communication Service by which Chefs and Customer Members can communicate to discuss and negotiate the Negotiable Terms. The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication applications designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper, comply with the terms and conditions of this Agreement and our Privacy Policy and which are related to the particular Communication Service.

You agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; and/or violate any applicable laws or regulations.

ChefDazzer has no obligation to monitor the Communication Services. However, ChefDazzer reserves the right to review materials posted to any Communication Service and to remove any materials in its sole and exclusive discretion. ChefDazzer reserves the right to terminate your use of and access to any or all of the Communication Services and/or Platform at any time without notice and for any reason whatsoever.

ChefDazzer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ChefDazzer's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your business in any Communication Service and/or the Platform. ChefDazzer does not control or endorse the content, messages or information found in any Communication Service and, therefore, ChefDazzer specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Account managers, sales representatives, customer support representatives, and support staff and other staff of ChefDazzer are not authorized ChefDazzer spokespersons, and their views do not necessarily reflect those of ChefDazzer.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload such materials.

5.4. Copyright Infringement. We respect the intellectual property rights of others and we ask our users to do the same. If you believe that your copyright or other intellectual property contained within the Platform has been infringed, please submit a written notification pursuant to the Digital Millennium Copyright Act (DMCA). In the notification, please include: (i) a description of the alleged infringing work; (ii) a description of where the work is located on the Platform (including website URL, if applicable); (iii) your contact information (name, address, telephone, and email). You must also state that you are the owner of the alleged copyrighted material or are acting on behalf of the rightful owner of the alleged copyrighted material that has been infringed.

We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected content or material so that he or she can make a counter-notification. We strongly encourage you to seek legal advice before filing a notice. Any misrepresentations in your notice regarding allegations that material or activity is infringing may expose you to liability for damages, including costs and attorneys’ fees.

Notification pursuant to the DMCA should be submitted to:

CHEFDAZZER LLC

198 Tremont St

Suite 273

Boston, MA 02116

6. Liability

6.1. LIABILITY DISCLAIMERS. PLEASE READ THIS SECTION CAREFULLY. It limits our liability and or related entities, including our parents, subsidiaries, affiliates, related companies, suppliers, licensors, vendors and partners and our officers, directors, members, employees, agents, and representatives and each of them. Each paragraph below applies to the maximum extent permitted under applicable law. Nothing herein is intended to limit any of your rights which may not be lawfully limited.

YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, WITH THE EXPRESS UNDERSTANDING THAT WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR TRUTH OF ANY REPRESENTATIONS RELATED TO USERS OF THE PLATFORM, INCLUDING CUSTOMER MEMBERS OR OTHER OUTSIDE ENTITIES. WE MAKE NO CLAIMS OR GUARANTEES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE PLATFORM, THE INFORMATION CONTAINED THEREIN OR THEREON, OR ITS SAFETY OR SECURITY. AS SUCH, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, INCLUDING THE PLATFORM’S UNAVAILABILITY, SECURITY VULNERABILITIES, OR INOPERABILITY OR INCORRECT OR INACCURATE INFORMATION OR RESULTS TO BE OBTAINED FROM USE OF INFORMATION ON THE PLATFORM. WE FURTHER DISCLAIM ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE THROUGH ANY ACT OR OMISSION OF ANY USER AND/OR CHEF, INCLUDING CUSTOMER MEMBER LOCATED USING THE PLATFORM, OR CONNECTED TO YOU THROUGH THE PLATFORM OR A THIRD-PARTY CONTAINED ON THE PLATFORM THAT WE LINK TO OR THAT LINKS TO US. THE INCLUSION OR OFFERING OF ANY INFORMATION, SERVICES OR PRODUCTS ON THE PLATFORM DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES.

WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES AS TO ANY PRODUCT OR SERVICE OFFERED AND/OR PROVIDED BY A CHEF, CUSTOMER MEMBER, BUSINESSES OR ANY OTHER THIRD PARTIES, EVEN IF LISTED ON THE PLATFORM, AND ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO INFORMATION PROVIDED TO YOU OR ADVICE BY OUR REPRESENTATIVES, SHALL CREATE A REPRESENTATION OR WARRANTY. WE MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY CHEF, CUSTOMER MEMBER, THIRD-PARTY, INCLUDING, BUT NOT LMITED TO, BUSINESSES, SERVICE PROVIDERS, ADVERTISERS OR ANY OTHER THIRD-PARTY LISTED ON THE PLATFORM. THEREFORE, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTS, OMISSIONS OR INACCURATE INFORMATION PROVIDED BY OTHERS. ALL ACTIONS YOU TAKE REGARDING SERVICES OR PRODUCTS OR PROMISES FROM ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO, CHEFS AND/OR CUSTOMER MEMBERS, THROUGH INDIRECT OR DIRECT COMMUNICATIONS, INCLUDING PURCHASES, IS AT YOUR OWN RISK AND DISCRETION.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, LOSS OF CONSORTIUM, DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES, ARISING OUT OF YOUR OR ANY USER’S, CUSTOMER MEMBER’S AND/OR CHEF’S CONDUCT RELATED TO THE USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POSSIBILITY. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US TO ANY PARTY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $1,000.00 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THIS AGREEMENT.

THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO OUR BENEFIT.

Any content or material downloaded or otherwise obtained through the use of the Platform is obtained at your own risk and discretion. You will be solely responsible for and hereby waive any and all claims and causes of action related to any damage or injury to your mobile device, computer (desktop and laptop), tablets, network, or other download or display device, or the loss or corruption of data resulting from the download of any such material.

If you do not accept this limitation, you are not authorized to access, download, USE, or obtain material OR PERSONAL COOKING SERVICES through the PLATFORM.

6.2. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL CONTENT FOUND ON THE PLATFORM, YOUR OFFERING OR PROVIDING PERSONAL COOKING SERVICES (IF ANY) OR REQUESTING OR RECEIVING PERSONAL COOKING SERVICES THROUGH THE PLATFORM (IF ANY), AND ANY CONTACT YOU MAY HAVE WITH OTHER USERS OF THE PLATFORM, CHEFS, CUSTOMER MEMBERS, AND/OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PARTY INVOLVED WITH FURNISHING OR MAINTAINING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY) FOR: (A) INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES; (B) THE COST OF SUBSTITUTE SERVICES OR GOODS; (C) ANY INTERRUPTION IN SERVICE OF THE PLATFORM OR COMPUTER SYSTEM FAILURE; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL HARM ARISING OUT OF, IN CONNECTION WITH OR RELATED TO THIS AGREEMENT; (E) THE INABILITY TO USE OR ENJOY THE PLATFORM AND/OR PERSONAL COOKING SERVICES FURNISHED BY THIRD-PARTY PROVIDERS AND/OR CHEFS; (F) ANY COMMUNICATIONS, MEETINGS OR CONDUCT WITH OTHER PLATFORM USERS, CHEFS, CUSTOMER MEMBERS, INCLUDING BUT NOT LIMITED TO THIRD-PARTY PROVIDERS; OR (G) YOUR OFFERING OR PROVIDING ANY SERVICES OR REQUESTING OR RECEIVING ANY SERVICES.

6.3. Indemnification. You agree to release, defend, indemnify and hold us, and our respective parents, subsidiaries, and affiliates and any of our officers, directors, employees and agents (collectively the “Indemnified Parties”) harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of, in any way connected with, or in any way related to (a) any breach of this Agreement by you, including, but not limited to, any use of Content, other than as expressly authorized in this Agreement; (b) any content provided by you; (c) any communications you have with any Chef and/or Customer Member; and (d) any service or transaction made by you through the Platform and/or with a Chef, including but not limited to any injuries, losses, or damages, whether incidental, special, consequential, exemplary, direct or otherwise, of any kind arising out of, in connection with, or related to such provision of services, the Services we provide, the Personal Cooking Services provided by a Chef, travel to or from food sources, travel to or from Service Site, and/or the provision of any Personal Cooking Services to a Customer Member and/or Authorized Guests.

Notwithstanding the foregoing paragraph, any resident of New Jersey only agrees to release, defend, indemnify and hold the Indemnified Parties harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with your violation of this Agreement.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute or common law principle that is similar to Section 1542, which governs your rights in the jurisdiction of your residence.

7. Dispute Resolution

7.1. BINDING MANDATORY ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You acknowledge and agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF, CONNECTED TO AND/OR RELATING TO THIS AGREEMENT AND/OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF AND/OR OF THIS ARBITRATION AGREEMENT, AND/OR THE USE OF THE PLATFORM AND/OR PERSONAL COOKING SERVICES (COLLECTIVELY A “DISPUTE”) WILL BE SETTLED BY BINDING ARBITRATION BETWEEN YOU AND US, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AND THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

IN AGREEING TO ARBITRATE ANY AND ALL DISPUTES BETWEEN YOU AND US, YOU EXPRESSLY REPRESENT THAT YOU KNOWINGLY FOREGO THE RIGHT TO LITIGATE OR HAVE A JURY TRIAL ON ANY DISPUTE RELATING TO THIS AGREEMENT, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED BY THE “AAA RULES” (AS DEFINED BELOW) OR THE ARBITRATOR. YOU FURTHER KNOWINGLY WAIVE ANY RIGHT TO JOIN IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION RESPECTIVE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. UNLESS BOTH, YOU AND US, AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IN COURT MAY LIKEWISE NOT BE AVAILABLE IN ARBITRATION.

7.2. Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

7.3. Arbitration Process. A party desiring to initiate an arbitration upon a Dispute must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will either be a retired judge, or an attorney licensed to practice law in the Commonwealth of Massachusetts and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA rules.

Unless the parties to the Dispute agree otherwise, the arbitration shall be conducted in Boston, Suffolk County, Massachusetts. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless either party requests a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusion upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the provisions of this Agreement and may only award declaratory or injunctive relief in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party will be entitled to an award of attorney’s fees and expenses, to the extent provided under applicable law.

7.4. Survival. This Dispute Resolution section shall survive this Agreement, any termination of the Platform or your use of the Platform and Personal Cooking Services.

8. Miscellaneous.

8.1. Termination/Access Restriction. ChefDazzer reserves the right, in its sole discretion, to terminate your use of, and access to, the Platform or any portion thereof, at any time, for any reason or for no reason, and without notice.

8.2. Choice of Law and Venue. This Agreement, as well as any Dispute that might arise between you and us, will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions, except to the limited extent the Federal Arbitration Act applies. You agree that any Dispute you may have against us that is not subject to arbitration must be resolved by a court located in Suffolk County, Massachusetts, or a United States District Court, District of Massachusetts, located in Boston, Massachusetts, except as otherwise agreed by the parties. You further agree to submit to the personal jurisdiction of the courts located within Suffolk County, Massachusetts or the United States District Court, District of Massachusetts, located in Boston, Massachusetts, for the purpose of litigating all such Disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

8.3. Severability and Headings. If any part of this Agreement is found to be invalid, illegal or unenforceable, the remaining provisions will remain enforceable, legal and valid. The 17 headings of sections and subsections hereof are solely for convenience of reference and are not part of this Agreement.

8.4. International User. The Platform and all features contained thereon, are controlled and offered by us from our facilities in the United States of America. We make no representations that the Platform or features thereon are appropriate or available for use in other locations. Those who access or use the Platform from other countries do so at their own risk and are responsible for compliance with all applicable laws.

8.5. Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, terrorism, war, embargos, riots, acts of civil disobedience of military authorities, floods, accidents, fires, labor strikes or shortages of transportation facilities, fuel, energy or labor.

This Agreement constitutes the entire agreement between you and us relating to the subject matter of this Agreement and supersedes all prior or contemporaneous proposals and communications, whether oral, written or electronic between you and use, our representatives, agents or assigns.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in a dispute resolution, judicial, or administrative proceeding based upon or relating to this Agreement to the same extent and subject to the same conditions as any other business record or document originally created and maintained in printed form. We reserve the right to modify, update or discontinue the Platform at our sole discretion, at any time, for any or no reason, and without notice or liability.

Except as otherwise stated, nothing herein is intended, nor will be deemed to confer rights or remedies upon any third party.

Any failure on our part to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provisions.

8.6. Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or services administered or acquired through the Platform against us, must commence with one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitation shall not apply to residents of New Jersey.

Any rights not expressly granted herein are reserved.

© 2018 ChefDazzer, LLC

ChefDazzer reserves the right, in its sole discretion, to change the terms and conditions of this Agreement without notice to you. The most current version of this Agreement will supersede all previous versions. ChefDazzer encourages you to periodically visit the Site and review this Agreement to stay informed of any and all updates. Your use and/or continued use of the Platform, our Services, and/or Personal Cooking Services shall affirm your consent to this Agreement and any revisions and/or amendments hereto.

Contact Us

ChefDazzer welcomes your questions or comments regarding this Agreement: Comments@ChefDazzer.com 

 


Terms & Conditions: Chefs

CHEFDAZZER LLC TERMS AND CONDITIONS

Last Revised: February 2, 2018

IMPORTANT: THIS AGREEMENT OF TERMS AND CONDITIONS (HEREINAFTER “AGREEMENT”) CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU”. “YOUR”, “CHEF” AND/OR “CHEFS”) AND CHEFDAZZER LLC (HEREINAFTER “CHEFDAZZER” “WE,” “US” OR “OUR”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF WWW.CHEFDAZZER.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY CHEFDAZZER (THE “WEBSITE(S)” OR “SITE(S)”) AND ANY CHEFDAZZER SOFTWARE, INCLUDING ANY CHEFDAZZER MOBILE PLATFORMS (THE “APPLICATIONS” OR “APP(S)”) OR OTHER SERVICES OFFERED BY CHEFDAZZER, ITS SUBSIDIARIES AND/OR AFFILIATES, FROM TIME TO TIME (COLLECTIVELY, THE WEBSITE(S), APP(S) AND OUR SERVICES ARE REFERRED TO AS “PLATFORM”). PLEASE ALSO NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS AS DETAILED BELOW. PLEASE READ THIS AGREEMENT CAREFULLY AND FULLY.

Acceptance of Agreement

By using the Platform, you agree to be bound by this Agreement. If you do not agree to this Agreement, then you may not access or use the Platform.

Changes to Agreement

ChefDazzer reserves the right, in its sole discretion, to modify this Agreement, and any other documents incorporated by reference herein, at any time and without prior notice. Any changes to this Agreement will be effective immediately upon posting, and will be indicated by a change to the “Last Revised” date at the top of this Agreement. Please note that your continued use of the Platform after such changes will constitute acceptance and agreement to such changes. Please review this Agreement each time to determine if this Agreement has changed.

Consent

You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with, this Agreement. If you are accessing and using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement. In that situation, "you", "your", “Chef” and/or “Chefs” will refer to both you and that entity.

You acknowledge and agree that ChefDazzer is a technology services provider that does not provide Personal Cooking Services.

Key Terms

“Allergy Acknowledgement” means the certification completed by the Customer Member on the Platform whereby Customer Member acknowledges and agrees that it assumes sole and exclusive responsibility to obtain any and all food allergy information from himself/herself and Authorized Guests and communicate that food allergy information to Chef prior to Chef’s determination of the Fee due for Personal Cooking Services.

“Application” means the mobile and/or other software application, processes, code, software, and any other medium through which ChefDazzer provides Services on a mobile device to you or on your behalf.

“Authorized Guest” means any individual granted permission at Customer Member’s discretion and consent of Chef, subject to the terms of this Agreement, to receive Personal Cooking Services of Chef.

“Chef” means an individual with culinary experience who has registered on the Platform to receive Service Requests through the Platform and is registered to advertise Personal Cooking Services, advertises Personal Cooking Services, and uses the Platform to offer and provide Personal Cooking Services to Customer Members.

“Customer Member” or “Customer” means an individual or business and/or person who acts on his/her/its behalf, who has a registered account on the Platform for the purpose of purchasing Personal Cooking Services.

“Limited Payment Collection Agent” means the designation of ChefDazzer as the party to whom Customer pays the fees for the Personal Cooking Services of a Chef.

“Negotiable Terms” means certain details of the Personal Cooking Services requested by a Customer Member in a Service Request that are subject to permissible alteration to fit the Customer Member’s needs and preferences, Service Site limitations, and the Chef’s experience, limitations and/or restrictions. Negotiable Terms are limited to: style of cuisine, number of courses, specific food items, specific ingredients or types of ingredients (e.g. no GMO, organize, locally sourced), type of meal preparation (e.g. kosher, halal), travel distance to Service Site, date and time of performance of the Personal Cooking Services, number of consuming guests (i.e. Authorized Guests), and pricing. The Personal Cooking Services, including, but not limited to, the Negotiable Terms, may not be altered in any way that violates this Agreement, the agreement between ChefDazzer and Chef, or that requires the Chef or Customer Member to violate this Agreement or any other agreement between ChefDazzer and Chef and/or Customer Member.

“Personal Cooking Services” means the preparation and cooking of food, cleaning services that are directly related to and arise solely out of the preparation and cooking of food. Personal Cooking Services include the Negotiable Terms. Personal Cooking Services do not include (i) cleaning of the Services Site, food preparation areas, food cooking areas, food consumption areas, dishes, cooking equipment and utensils, appliances, ducts, vents, sinks that is necessary for Chef to prepare and cook food at the Service Site, (ii) the cleaning of any appliances, ducts, or vents.

“Platform” means the Application, Site and any other application, website, or method through which we provide Services to you.

“Services” means the access to and use of the Platform and ChefDazzer’s generation of Service Requests and collection and processing of payment as Limited Payment Collection Agent.

“Service Request” means a request for Personal Cooking Services received through the Platform from a Customer Member. Submission of a Service Request by Customer Member does not guarantee that the Customer Member will purchase and pay for the Personal Cooking Services requested.

“Service Request Generation and Processing Fee” means the fee deducted from a Customer Member’s payment by ChefDazzer as the Limited Payment Collection Agent for the Services provided pursuant to this Agreement.

“Service Site” means the location a Customer Member identifies in a Service Request for the performance of the Personal Cooking Services.

“Site” means the website www.ChefDazzer.com and any other website through which we provide Services to you. “Territory” means the legal or governmental jurisdiction in which the Service Site is located.

“User” means any person who uses the Platform including, but not limited to, Customer Members and Chefs.

1. ChefDazzer, Customer Members, and Chefs

1.1. ChefDazzer Services. The Platform connects Customer Members and Chefs for Personal Cooking Services. The Platform helps Customers locate and identify Chefs for the performance of Personal Cooking Services and helps Chefs showcase their culinary experience, knowledge and skills.

The Platform may provide Customer Members with certain information you provide to us, including your first name, contact information, photo, location, and food-specific offerings you select, your culinary education and experience, biographical and Personal Cooking Services-related information. You agree to only communicate with Customer Members through the Platform, and you agree not to use any Customer Member data for any reason other than the provision of Personal Cooking Services through the Platform. Chefs shall not contact any Customer Members or use Customer Member data for any reason other than to provide Personal Cooking Services.

You shall not supply any Customer Member or guest (Authorized Guest or otherwise) any items that are (a) obtained illegally or in violation of any federal, state or local law or regulation, (b) illegal to possess, consume or sell, (c) not approved in the Territory for human consumption, (d) beverages (including but not limited to alcoholic beverages), and/or (e) subject to legal age restrictions.

1.2. Relationship with Customer Members. You acknowledge and agree that your provision of Personal Cooking Services to Customer Members creates a direct business relationship between you and the Customer Member. You shall have the sole and exclusive responsibility for any obligations or liabilities to Customer Members that arise from the Personal Cooking Services. You acknowledge and agree that you are solely and exclusively responsible for taking such precautions as may be reasonable and proper. You will ensure that the Personal Cooking Services complies with all applicable federal, state and local laws and regulations including, but not limited to, food safety and consumption laws and regulations.

You acknowledge and agree that the Personal Cooking Services will occur at the Service Site. You acknowledge and agree that your permission to enter the Service Site is strictly limited to the performance of the Personal Cooking Services. You are solely and exclusively responsible for any damages caused by you to the Service Site and/or appliances, equipment and materials. You are solely and exclusively responsible for any bodily injury sustained by any Customer Member or Authorized Guest as a result of the Personal Cooking Services. You acknowledge and agree that you may not enter, or otherwise disturb any part of the Service Site without the express consent of the Customer Member.

You acknowledge and agree that you will be the sole and exclusive provider of the Personal Cooking Services and will not permit any other unauthorized individual to accompany you to the Service Site.

1.3. Relationship with ChefDazzer. You acknowledge and agree that ChefDazzer is the Limited Payment Collection Agent and is entitled to a Service Request Generation and Processing Fee for each purchase of Personal Cooking Services by a Customer Member. ChefDazzer does not and shall not be deemed to direct or control you generally or in your performance under this Agreement specifically, including but in not way limited to your performance of the Personal Cooking Services. You retain the sole right to determine when, where and for how long you will use the Platform and/or perform Personal Cooking Services. You retain the option and right to accept or decline a Service Request and/or to cancel any scheduled performance of Personal Cooking Services. ChefDazzer will not require you to display ChefDazzer’s name or logo, wear a uniform or any other clothing with ChefDazzer’s name or logo.

You acknowledge and agree that the relationship between the parties under this Agreement is solely that of independent contracting parties. This Agreement does not create an employment relationship between you and ChefDazzer, and no joint venture, partnership, or agency relationship exists between you and ChefDazzer.

You agree that you do not provide culinary services exclusively for ChefDazzer, and you retain the right to engage in any other occupation or business. ChefDazzer maintains the right to deactivate your account or otherwise restrict you from accessing and/or using the Platform in the event of a breach of this Agreement or any act or omission that causes harm to any Customer Member, Authorized Guest, and/or ChefDazzer’s brand, reputation, or business as determined by ChefDazzer in its sole and exclusive discretion.

2. Provision of Services

2.1. Personal Cooking Services. You shall be solely and exclusively responsible for determining the most effective, efficient and safe manner to perform the Personal Cooking Services in accordance with the Service Request, this Agreement, and all applicable laws and regulations. You shall be solely and exclusively responsible for providing all necessary food, food ingredients and condiments to perform the Personal Cooking Services, including the Negotiated Terms, agreed upon between you and Customer Member.

Customer Members are responsible for providing reasonably necessary cooking equipment such as pots, pans, utensils, tableware, and cooking appliances. You will not be expected to provide cooking appliances such as ovens, stoves or other heat-sources. You will not be expected to provide water or water-sources such as faucets, sinks, drains or other kitchen fixtures. You will not be expected to provide any non-food materials or supplies.

You agree not to use the Platform for any purpose other than as expressly authorized by this Agreement. You acknowledge and agree that the Personal Cooking Services include the essential service of menu creation, food sourcing and acquisition, Service Site food preparation and Service Site cleaning. Service Site cleaning is limited to cleaning the surfaces, equipment and appliances you use and only to the extent your use thereof gave rise to the need to clean such items. You acknowledge and agree that you will use fresh food ingredients and perform all food preparation at the Service Site. You acknowledge and agree that you will not use the Platform to advertise or otherwise promote a delivery service and the foods advertised as part of your Personal Cooking Services will be prepared and cooked exclusively at the Service Site. Any delivery of pre-cooked meals is considered a breach of this Agreement and may result in your denial of access to, and use of, the Platform.

You agree that you, and you alone, will perform the Personal Cooking Services. You are not permitted to sub-contract, refer, assign or otherwise delegate performance of the Personal Cooking Services to any other party. You are also prohibited from bringing guests or assistants to the Service Site. A Chef’s failure to strictly comply with the terms and conditions of this Agreement may result in immediate termination of Chef’s access and use of the Platform.

2.2. Authorized Guests. Customer Member who submits a Service Request may permit, at Customer Member’s discretion and consent of Chef, a certain number of Authorized Guests to receive the Personal Cooking Services along with Customer Member at the Service Site. Chef will not be obligated to provide Personal Cooking Services to any individual other than Customer Member without Chef’s consent. Customer Member is responsible for the acts or omissions of its guests, whether or not Authorized Guests.

2.3. Food Preparation and Safety. You acknowledge and agree that ChefDazzer has no control or authority over your food maintenance, handling, preparation and performance of the Personal Cooking Services. You acknowledge and agree that it is your responsibility to source, purchase, and prepare food in accordance with the Service Request. It is your responsibility to exercise reasonable care and to comply with USDA food safety guidelines and all applicable local and state food safety regulations. ChefDazzer is not liable for any and all disputes, demands, claims, losses, injuries or damages of any kind that may arise from your sourcing, purchase, maintenance, handling, preparation and service of food or performance of the Personal Cooking Services.

2.4. Allergy Safety. Customer Member is solely and exclusively responsible for obtaining and communicating to you any and all food allergies of Customer Member and all guests, whether or not Authorized Guests. You acknowledge and agree that it is your sole and exclusive responsibility to review the Allergy Acknowledgement submitted by Customer Member through the Platform prior to the commencement of the Personal Cooking Services. ChefDazzer disclaims any and all responsibility for ensuring that food complies with any Customer Member’s and/or Authorized Guest’s allergy requirements. The health and safety of Customer Members and Authorized Guests is a top priority and any failure to comply with these allergy requirements is a breach of this Agreement. that may result in your denial of access to, and use of, the Platform. You agree to indemnify and hold harmless ChefDazzer from any and all liability, disputes, demands, claims, losses, injuries or damages of any kind that arise out of or are related to your failure to comply with this section. You acknowledge and agree that you will not provide Personal Cooking Services if Customer Member did not confirm the Allergy Acknowledgement.

2.5. Conduct. You acknowledge and agree that the scope of the Personal Cooking Services will be determined by the Service Request and Negotiable Terms. You agree not to perform any services outside the scope of the Personal Cooking Services. You acknowledge and agree that you will provide Personal Cooking Services in a workmanlike manner.

Customer Members reserve the right to cancel Personal Cooking Services at any time if they determine that your behavior constitutes harassment against persons because of race, religion, creed, national origin, ancestry, sex (including pregnancy), gender (including gender nonconformity and status as a transgender or transsexual individual), age, physical or mental disability, citizenship, genetic information, past, current or prospective service in the uniformed services.

3. Fees/Charges

3.1. Personal Cooking Charge. You are entitled to charge a fee for each performance of Personal Cooking Services (“Fee”). You agree to calculate a reasonable fixed fee based on the Service Request and Negotiable Terms accepted by you. You acknowledge and agree that the Fee, less amounts due and deducted by ChefDazzer, is the only payment you will receive in connection with your performance of the Personal Cooking Services, and that this fee does not include any gratuity. You agree that the Service Request Generation and Processing Fee shall be deducted by ChefDazzer in exchange for our Services.

3.2. Limited Payment Collection Agent. You appoint ChefDazzer as the sole and exclusive Limited Payment Collection Agent for the purpose of collecting the Fee from Customer Members via the payment processing functionality facilitated by the Platform and paying the net amounts due you for performance of the Personal Cooking Services. You acknowledge and agree that, in accepting appointment as the Limited Payment Collection Agent, ChefDazzer does not assume any liability for any acts or omissions of Chef, Customer Member and/or Customer Member’s guests (whether or not an Authorized Guest).

3.3. Remittance of Payment. ChefDazzer agrees to remit or cause to be remitted to you on at least a weekly basis: the Fee less any transaction processing fees, state, federal or local taxes and the applicable Service Request Generation and Processing Fee.

3.4. Service Request Generation and Processing Fee: In exchange for the Services we provide to you, you acknowledge and agree that ChefDazzer shall deduct a Service Request Generation and Processing Fee equal to fifteen (15%) from the Fee. You agree that this Service Charge is not a gratuity and is the fee paid to ChefDazzer in exchange for our Services.

ChefDazzer reserves the right to change the Service Request Generation and Processing Fee at any time in our sole and exclusive discretion. ChefDazzer will provide you with no less than ten (10) business days prior notice of any change in the amount or percentage of the Service Request Generation and Processing Fee. Such notice shall be sent to the email address you provide us in your ChefDazzer Account. In any event, continued use of the Platform after any change in the Service Request Generation and Processing Fee shall constitute your consent to such change.

3.5. Cancellation Charges. Customer Members may elect to cancel your performance of Personal Cooking Services. If a Customer Member cancels, ChefDazzer may charge Customer Member a cancellation fee on your behalf. If Customer Member cancels a Service Request (i) at least seven (7) full days prior to the scheduled date of performance of the Personal Cooking Services, Customer Member will be charged a cancellation fee in an amount equal to fifteen percent (15%) of the Fee; or (ii) at least three (3) full days prior to the scheduled date of performance of the Personal Cooking Services, Customer Member will be charged a cancellation fee in an amount equal to fifty percent (50%) of the Fee. The cancellation fee shall be deducted from any refund paid to Customer Member. If Customer Member cancels a Service Request less than three (3) days prior to the performance of the Personal Cooking Services, the cancellation fee shall be equal to the Fee paid, and no refund shall be paid. In the event of a cancellation that requires ChefDazzer to refund any portion of a Fee to the Customer Member, ChefDazzer shall deduct a Cancellation Processing Fee equal to thirty percent (30%) from the cancellation fee charged to the Customer Member and remit the balance to the Chef. If no refund is due Customer Member, ChefDazzer shall deduct the Service Request Generation and Processing Fee equal to fifteen (15%) from the cancellation fee charged to the Customer Member and remit the balance to the Chef.

If Chef cancels any Service Request after payment of the Fee, ChefDazzer will refund the entire Fee to the Customer Member and assess a five percent (5%) processing fee to Chef.

3.6. Taxes. You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Personal Cooking Services as required by applicable law; and (b) provide ChefDazzer with all relevant tax information. You shall complete and sign an IRS 1099 Form and provide a copy of same to ChefDazzer at the time of account registration. You further acknowledge and agree that you are responsible for taxes on your own income arising from your performance of Personal Cooking Services. Notwithstanding anything to the contrary in this Agreement, Company may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes arising from the Personal Cooking Services and/or provide any of the relevant tax information you have provided pursuant to the foregoing requirements in this Section directly to the applicable governmental tax authorities on your behalf or otherwise.

4. ChefDazzer Platform: Chef Account and Use

4.1. Services Requests. The Platform provides Chefs with lead generation for Personal Cooking Services in the form of Service Requests from Customer Members. Customer Members have access to the profile information created by Chefs to advertise and showcase Chef’s culinary experience, knowledge and skills.

When a Customer Member submits a Service Request, ChefDazzer sends that Service Request to the selected Chef or, if not Chef is selected by Customer Member, to Chefs in the nearest applicable Territory. The Service Request will include information about the Customer Member, as well as the details of the Personal Cooking Services requested.

Receipt of a Service Request from a Customer Member is not a guaranteed sale. Customer Member and Chef shall communicate through the Platform to agree upon certain Negotiable Terms of the Service Request. Chef may choose to accept, reject or modify any Service Request. If rejected, Customer Member may select another available Chef. If Chef accepts the Service Request, with or without further negotiation of the Negotiated Terms, Chef and Customer Member shall use the Platform to communicate to confirm Service Site and scheduling. Upon Acceptance of a Service Request, Customer Member will use the Platform to pay for the Personal Cooking Services by submitting payment to ChefDazzer as Limited Payment Collection Agent for the selected Chef.

4.2. Account Creation. Chefs must create a profile with ChefDazzer (“ChefDazzer Account”) to receive Service Requests and access and/or use certain features of the Platform.

You must provide accurate, current and complete information during the registration process and keep your ChefDazzer Account and public ChefDazzer Account profile page information up-to-date at all times.

ChefDazzer may make access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, including, but in no way limited to, completion of a verification process, satisfaction of specific quality or eligibility criteria, ratings or reviews thresholds, Customer Member feedback and cancellation history.

4.3. Account Verification. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Customer Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Chefs to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Chefs, (ii) screen Chefs against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Chef, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). To the extent ChefDazzer performs any verification of Chefs, and although ChefDazzer disclaims any obligation to do so, you acknowledge and agree that no verification process is 100% accurate or complete. If requested by us, you agree to provide ChefDazzer with all true and accurate information necessary to perform any verification or background check. ChefDazzer does not perform verification or background checks of Customer Members and disclaims any obligation to do so.

5. Insurance

5.1. You agree to maintain during the term of this Agreement commercial general liability insurance that provides general liability protection of no less than USD$500,000 per occurrence and USD$1,000,000.00 in the aggregate for bodily injury and damage to third parties. This coverage must also include any no-fault coverage required by law in the Territory that may not be waived by an insured. Prior to approval of your Chef account by us, you must provide proof of insurance / certificate of insurance of the policy required by this Section with “ChefDazzer LLC” identified as an additional insured. You also agree to provide ChefDazzer and its Affiliates a copy of the insurance policy, policy declarations, identification card and proof of premium payment for the insurance policy required in this Section within five (5) business days of written request from us. You must be a named insured on the insurance policy required in this Section at all times. Furthermore, you must provide ChefDazzer with written notice of cancellation of any insurance policy required hereunder. ChefDazzer shall have no right to control your selection of insurance carrier or maintenance of your policy.

5.2. You agree to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws in the Territory. If permitted by applicable law, you may choose to insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Furthermore, if permitted by applicable law, you may choose not to insure yourself against industrial injuries at all, but do so at your own risk.

5.3. ChefDazzer reserves the right to modify these insurance requirements upon thirty (30) days prior notice to you. 

6. Platform: Licenses/Content/Property

6.1. License Grant. We hereby grant you a non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with this Agreement. As a condition of your use of the Platform, you warrant that you will not use the Platform for any purpose that is not contemplated by this Agreement, unlawful or prohibited by this Agreement. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform (“Content”), is the exclusive property of ChefDazzer or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Platform. The Content is not for resale. You agree to use all protected Content solely for your personal use and will make no other use of the Content without the express written permission of ChefDazzer and the copyright owner, if different.

You agree that you do not acquire any ownership rights in any of the Content. We do not grant you any licenses, express or implied, to the intellectual property of ChefDazzer or our licensors except as expressly authorized by this Agreement.

6.2. User Content. Through the Platform, Chefs may submit, upload, post, publish or otherwise make available to us or others, content, including requests for support assistance, communication with Customer Members and personal, biographical, and food menu information for purposes of advertising Chef’s Personal Cooking Services (“User Content”). Any User Content provided by you remains your property. However, by voluntarily posting User Content, you hereby grant us a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us, our users, or anyone else, through direct communication with us or the use of features contained within or ancillary to the Platform. Further, you hereby grant us the right to incorporate any User Content in other works in any form, media, or technology now known 11 or later developed. We will not be required to treat any User Content as private and may use any User Content in our business, to include advertising and marketing, without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future operations. You acknowledge that we have complete discretion on whether to provide attribution to User Content and that such User Content may be shared with our subsidiaries, affiliates, or business partners. You also grant us the right to pursue legal action against any person that violates your or our rights in the User Content by a breach of any of the provisions of this Agreement.

With regard to any User Content that you submit or otherwise make available, whether to us solely, or to any other persons, you represent that:

(i) you are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases required to grant us the license to the User Content as set forth above; and,

(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to submit, post, or provide, or to allow the furnishing of, User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, willfully false or misleading, or otherwise offensive, as determined by us in our sole and absolute discretion, whether or not such material may be protected by law. We may, but shall not be obligated to review, monitor or remove User Content at our sole and absolute discretion and at any time and for any reason, without notice to you.

6.3. Communication Services. The Platform contains a Communication Service by which Chefs and Customer Members can communicate to discuss and negotiate the Negotiable Terms. The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication applications designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper, comply with the terms of this Agreement and our Privacy Policy and which are related to the particular Communication Service

You agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; and/or violate any applicable laws or regulations.

ChefDazzer has no obligation to monitor the Communication Services. However, ChefDazzer reserves the right to review materials posted to any Communication Service and to remove any materials in its sole and exclusive discretion. ChefDazzer reserves the right to terminate your use of, and access to, any or all of the Communication Services and/or Platform at any time without notice and for any reason whatsoever.

ChefDazzer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ChefDazzer's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your business in any Communication Service and/or the Platform. ChefDazzer does not control or endorse the content, messages or information found in any Communication Service and, therefore, ChefDazzer specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Account managers, sales representatives, customer support representatives, and support staff and other staff of ChefDazzer are not authorized ChefDazzer spokespersons, and their views do not necessarily reflect those of ChefDazzer.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload such materials. 

6.4. Copyright Infringement. We respect the intellectual property rights of others and we ask our users to do the same. If you believe that your copyright or other intellectual property contained within the Platform has been infringed, please submit a written notification pursuant to the Digital Millennium Copyright Act (DMCA). In the notification, please include: (i) a description of the alleged infringing work; (ii) a description of where the work is located on the Platform (including website URL, if applicable); (iii) your contact information (name, address, telephone, and email). You must also state that you are the owner of the alleged copyrighted material or are acting on behalf of the rightful owner of the alleged copyrighted material that has been infringed.

We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected content or material so that he or she can make a counter-notification. We strongly encourage you to seek legal advice before filing a notice. Any misrepresentations in your notice regarding allegations that material or activity is infringing may expose you to liability for damages, including costs and attorneys’ fees.

Notification pursuant to the DMCA should be submitted to:

CHEFDAZZER LLC

198 Tremont St

Suite 273

Boston, MA 02116

7. Liability

7.1. LIABILITY DISCLAIMERS. PLEASE READ THIS SECTION CAREFULLY. It limits our liability and or related entities, including our parents, subsidiaries, affiliates, related companies, suppliers, licensors, vendors and partners and our officers, directors, members, employees, agents, and representatives and each of them. Each paragraph below applies to the maximum extent permitted under applicable law. Nothing herein is intended to limit any of your rights which may not be lawfully limited.

YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, WITH THE EXPRESS UNDERSTANDING THAT WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR TRUTH OF ANY REPRESENTATIONS RELATED TO USERS OF THE PLATFORM, INCLUDING CUSTOMER MEMBERS OR OTHER OUTSIDE ENTITIES. WE MAKE NO CLAIMS OR GUARANTEES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE PLATFORM, THE INFORMATION CONTAINED THEREIN OR THEREON, OR ITS SAFETY OR SECURITY. AS SUCH, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, INCLUDING THE PLATFORM’S UNAVAILABILITY, SECURITY VULNERABILITIES, OR INOPERABILITY OR INCORRECT OR INACCURATE INFORMATION OR RESULTS TO BE OBTAINED FROM USE OF INFORMATION ON THE PLATFORM. WE FURTHER DISCLAIM ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE THROUGH ANY ACT OR OMISSION OF ANY USER, INCLUDING CUSTOMER MEMBER LOCATED USING THE PLATFORM, OR CONNECTED TO YOU THROUGH THE PLATFORM OR A THIRD-PARTY CONTAINED ON THE PLATFORM THAT WE LINK TO OR THAT LINKS TO US. THE INCLUSION OR OFFERING OF ANY INFORMATION, SERVICES OR PRODUCTS ON THE PLATFORM DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES.

WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES AS TO ANY PRODUCT OR SERVICE OFFERED AND/OR PROVIDED BY A CHEF, CUSTOMER MEMBER, BUSINESSES OR ANY OTHER THIRD PARTIES, EVEN IF LISTED ON THE PLATFORM, AND ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO INFORMATION PROVIDED TO YOU OR ADVICE BY OUR REPRESENTATIVES, SHALL CREATE A REPRESENTATION OR WARRANTY. WE MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY CUSTOMER MEMBER, CHEF, THIRD-PARTY, INCLUDING BUT NOT LIMITED TO BUSINESSES, SERVICE PROVIDERS, ADVERTISERS OR ANY OTHER THIRD-PARTY LISTED ON THE PLATFORM. THEREFORE, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTS, OMISSIONS OR INACCURATE INFORMATION PROVIDED BY OTHERS. ALL ACTIONS YOU TAKE REGARDING SERVICES OR PRODUCTS OR PROMISES FROM ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO CUSTOMER MEMBERS THROUGH INDIRECT OR DIRECT COMMUNICATIONS, INCLUDING PURCHASES, IS AT YOUR OWN RISK AND DISCRETION.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, LOSS OF CONSORTIUM, DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES, ARISING OUT OF YOUR OR ANY USER’S, CUSTOMER MEMBER’S AND/OR CHEF’S CONDUCT RELATED TO THE USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POSSIBILITY. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US TO ANY PARTY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $1,000.00 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THIS AGREEMENT.

THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO OUR BENEFIT.

Any content or material downloaded or otherwise obtained through the use of the Platform is obtained at your own risk and discretion. You will be solely and exclusively responsible for and hereby waive any and all claims and causes of action related to any damage or injury to your mobile device, computer (desktop and laptop), tablets, network, or other download or display device, or the loss or corruption of data resulting from the download of any such material. If you do not accept this limitation, you are not authorized to access, download, USE, or obtain material OR PERSONAL COOKING SERVICES through the PLATFORM.

7.2. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL CONTENT FOUND ON THE PLATFORM, YOUR OFFERING OR PROVIDING PERSONAL COOKING SERVICES (IF ANY) OR REQUESTING OR RECEIVING PERSONAL COOKING SERVICES THROUGH THE PLATFORM (IF ANY), AND ANY CONTACT YOU MAY HAVE WITH OTHER USERS OF THE PLATFORM, CHEFS, CUSTOMER MEMBERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PARTY INVOLVED WITH FURNISHING OR MAINTAINING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY) FOR: (A) INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES; (B) THE COST OF SUBSTITUTE SERVICES OR GOODS; (C) ANY INTERRUPTION IN SERVICE OF THE PLATFORM OR COMPUTER SYSTEM FAILURE; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL HARM ARISING OUT OF, IN CONNECTION WITH OR RELATED TO THIS AGREEMENT; (E) THE INABILITY TO USE OR ENJOY THE PLATFORM AND/OR PERSONAL COOKING SERVICES FURNISHED BY THIRD-PARTY PROVIDERS AND/OR CHEFS; (F) ANY COMMUNICATIONS, MEETINGS OR CONDUCT WITH OTHER PLATFORM USERS, CHEFS, CUSTOMER MEMBERS, INCLUDING BUT NOT LIMITED TO THIRD-PARTY PROVIDERS; OR (G) YOUR OFFERING OR PROVIDING ANY SERVICES ON THE PLATFORM OR REQUESTING OR RECEIVING ANY SERVICES THROUGH THE PLATFORM (IF ANY).

7.3. Indemnification. You agree to release, defend, indemnify and hold us, and our respective parents, subsidiaries, and affiliates and any of our officers, directors, employees and agents (collectively the “Indemnified Parties”) harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of, in any way connected with, or in any way related to (a) any breach of this Agreement by you, including but not limited to any use of Content other than as expressly authorized in this Agreement; (b) any content provided by you; (c) any communications you have with any Chef and/or Customer Member; and (d) any service or transaction made by you with a Customer Member, including but not limited to any injuries, losses, or damages, whether incidental, special, consequential, exemplary, direct or otherwise, of any kind arising out of, in connection with, or related to such provision of services, the Services we provide, the Personal Cooking Services provided by a Chef, travel to or from food sources, travel to or from Service Site, and/or the provision of any Personal Cooking Services to a Customer Member and/or Authorized Guests.

Notwithstanding the foregoing paragraph, any resident of New Jersey only agrees to release, defend, indemnify and hold the Indemnified Parties harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with your violation of this Agreement.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute or common law principle that is similar to Section 1542, which governs your rights in the jurisdiction of your residence.

8. Dispute Resolution

8.1. BINDING MANDATORY ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You acknowledge and agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF, CONNECTED TO AND/OR RELATING TO THIS AGREEMENT AND/OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF AND/OR OF THIS ARBITRATION AGREEMENT, AND/OR THE USE OF THE PLATFORM AND/OR PERSONAL COOKING SERVICES (COLLECTIVELY A “DISPUTE”) WILL BE SETTLED BY BINDING ARBITRATION BETWEEN YOU AND US, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AND THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

IN AGREEING TO ARBITRATE ANY AND ALL DISPUTES BETWEEN YOU AND US, YOU EXPRESSLY REPRESENT THAT YOU KNOWINGLY FOREGO THE RIGHT TO LITIGATE OR HAVE A JURY TRIAL ON ANY DISPUTE RELATING TO THIS AGREEMENT, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED BY THE “AAA RULES” (AS DEFINED BELOW) OR THE ARBITRATOR. YOU FURTHER KNOWINGLY WAIVE ANY RIGHT TO JOIN IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION RESPECTIVE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. UNLESS BOTH, YOU AND US, AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IN COURT MAY LIKEWISE NOT BE AVAILABLE IN ARBITRATION.

8.2. Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

8.3. Arbitration Process. A party desiring to initiate an arbitration upon a Dispute must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will either be a retired judge or an attorney licensed to practice law in the Commonwealth of Massachusetts and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA rules.

Unless the parties to the Dispute agree otherwise, the arbitration shall be conducted in Boston, Suffolk County, Massachusetts. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless either party requests a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusion upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the provisions of this Agreement, and may only award declaratory or injunctive relief in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party will be entitled to an award of attorney’s fees and expenses, to the extent provided under applicable law. 

8.4. Survival. This Dispute Resolution section shall survive this Agreement, any termination of the Platform or your use of the Platform.

9. Miscellaneous.

9.1. Termination/Access Restriction. ChefDazzer reserves the right, in its sole discretion, to terminate your use of, and access to, the Platform or any portion thereof, at any time, for any reason or for no reason, and without notice.

9.2. Choice of Law and Venue. This Agreement, as well as any Dispute that might arise between you and us, will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions, except to the limited extent the Federal Arbitration Act applies. You agree that any Dispute you may have against us that is not subject to arbitration must be resolved by a court located in Suffolk County, Massachusetts, or a United States District Court, District of Massachusetts, located in Boston, Massachusetts, except as otherwise agreed by the parties. You further agree to submit to the personal jurisdiction of the courts located within Suffolk County, Massachusetts or the United States District Court, District of Massachusetts, located in Boston, Massachusetts, for the purpose of litigating all such Disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

9.3. Severability and Headings. If any part of this Agreement is found to be invalid, illegal or unenforceable, the remaining provisions will remain enforceable, legal and valid. The headings of sections and subsections hereof are solely for convenience of reference and are not part of this Agreement.

9.4. International Users. The Platform and all features contained thereon, are controlled and offered by us from our facilities in the United States of America. We make no representations that the Platform or features thereon are appropriate or available for use in other locations. Those who access or use the Platform from other countries do so at their own risk and are responsible for compliance with all applicable laws.

9.5. Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, terrorism, war, embargos, riots, acts of civil disobedience of military authorities, floods, accidents, fires, labor strikes or shortages of transportation facilities, fuel, energy or labor.

This Agreement constitutes the entire agreement between you and us relating to the subject matter of this Agreement and supersedes all prior or contemporaneous proposals and communications, whether oral, written or electronic between you and use, our representatives, agents or assigns.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in a dispute resolution, judicial, or administrative proceeding based upon or relating to this Agreement to the same extent and subject to the same conditions as any other business record or document originally created and maintained in printed form.

We reserve the right to modify, update or discontinue the Platform at our sole discretion, at any time, for any or no reason, and without notice or liability.

Except as otherwise stated, nothing herein is intended, nor will be deemed to confer rights or remedies upon any third party.

Any failure on our part to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provisions.

9.6. Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or services administered or acquired through the Platform against us, must commence with one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitation shall not apply to residents of New Jersey.

Any rights not expressly granted herein are reserved.

© 2018 ChefDazzer, LLC

ChefDazzer reserves the right, in its sole discretion, to change the terms and conditions of this Agreement without notice to you. The most current version of this Agreement will supersede all previous versions. ChefDazzer encourages you to periodically visit the Site and review this Agreement to stay informed of any and all updates. Your use and/or continued use of the Platform, our Services, and/or Personal Cooking Services shall affirm your consent to this Agreement and any revisions and/or amendments hereto.

Contact Us

ChefDazzer welcomes your questions or comments regarding this Agreement: Comments@ChefDazzer.com