Thank you for using Cuisine Crafters! These Terms of Service ("Terms") cover your rights and obligations relating to your access and use of the Cuisine Crafters website, mobile application, and any other related services provided by us (collectively, the "Service"). All references in these Terms to "we", "us", "our", or "Cuisine Crafters" refer to Nove Markets Inc. dba Cuisine Crafters. The Service is an online marketplace dedicated to
Lastly, all users of the Service, whether a Chef or a Customer, are referred to in these Terms collectively as "you", "your", or "users" (unless it is made clear from the language that these terms are referring to either Chefs or Customers).
You hereby represent that you have the full right, power, and authority to enter into these Terms and to fully perform all of your obligations hereunder and that you are under no legal disability or contractual restriction that prevents you from entering into these Terms.
Do not hesitate to contact us at [email protected] if you have any questions.
We do not intend that the Service be used by anyone under 18 years old. If we learn or have reason to suspect that a user is under 18 years of age, we will promptly revoke the user's access to the Service and delete any personally identifiable information submitted by that user.
You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service. Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.
Cuisine Crafters' Role
The Service fundamentally provides a marketplace for Chefs and Customers to connect, and enables Chefs to be hired by Customers to provide their culinary services. Cuisine Crafters is not directly involved in a transaction between a Chef and a Customer. As between Cuisine Crafters and you, Cuisine Crafters' role is solely (a) to facilitate the availability of the Service for Chefs and Customers, and (b) to collect payment from Customers.
Chefs are solely responsible for the Food Services they offer through the Service, including but not limited to ensuring that any foods are prepared pursuant to the directions provided by the Customers, if any, and that the food and the preparation of such food is otherwise compliant with all laws (federal, state, and local), rules, regulations, local ordinances, rental agreements, fire codes, zoning laws, tax laws (including, but not limited to, collection, remittance and reporting obligations with respect to sales, use, meal and similar taxes). As a Chef, you represent and warrant that any Food Services you offer will not breach any agreements you have entered into with any third parties, and will not conflict with the rights of any third parties.
To use the Service, you must create an account on the Service. To create an account, you may be asked to provide your first and last name, ZIP Code, phone number, and e-mail address, and you will be prompted to create a confidential password to access your account. Customers may also be asked about any dietary preferences and restrictions. To become a chef on the service, in addition to the foregoing, you may be asked provide your physical address, how far you are willing to travel to service Customers, information regarding your culinary skills and background, your general schedule and availability, and your pricing, among other relevant information. In addition, the Service may prompt prospective Chefs to become a verified Chefs. To become a verified Chef, the Chef will be required to pay for a background check, and will have to provide certain information, including but not limited to a Social Security number and credit card information. Although becoming verified is not required, it is strongly encouraged. The background check will be conducted by a third-party vendor. The Service's Chef functions are designed and intended for use only by persons with experience (including experienced home cooks with no formal training) and/or training in the culinary industry. If you do not have appropriate experience and/or training, you should not register as Chef, and you are not licensed to use the Service as a Chef.
No matter whether you are registering an account as a Customer or a Chef, you agree to provide accurate, current, and complete information during the account registration process. You further agree to update any information to keep it accurate, current and complete. We reserve the right to suspend or terminate your account if any information provided by you proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to, or share your account with any third party. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
Customers will be able to place orders on the Service by selecting the Food Service desired on a Chef's page. Customers will be prompted to select their desired date and time for the Food Service order to begin ("Food Service Appointment"). Chefs will have the option to reject any Food Service order placed, and Customers understand and agree that Cuisine Crafters is not involved in a Chef's decision whether to approve or reject a Food Service order. Customers will also be prompted to provide additional information regarding their Food Service order, including but not limited to the cooking equipment that Customers will make available to the Chef, if any. After a Food Service order is accepted by a Chef, Cuisine Crafters will place a hold on the credit card the Customer has on file. Cuisine Crafters will release payments made by Customers to the Chefs upon the earlier of (1) both the Customer and the Chef indicating on the Service that the Food Services have been completed or (2) twenty-four (24) hours after the Food Service Appointment.
Cuisine Crafters may provide you with interactive opportunities (a) on the platform, including, without limitation, features such as user ratings and reviews, saved favorites, liked items, user profiles and pictures, (b) on social media pages maintained by Cuisine Crafters, as well as (c) through other communications with you, including, without limitation, through text ("SMS") or multimedia ("MMS") messages (collectively, "Interactive Areas"). You are solely responsible for all descriptions, pictures, listings, information, data, text, music, sound, graphics, video, messages, or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use of the Service that is illegal or prohibited by Cuisine Crafters. Cuisine Crafters reserves the right to investigate and take appropriate legal action against anyone who, in Cuisine Crafters' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending, or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
In addition to the foregoing conduct restrictions, to the extent you are a Chef that provides Food Services in California, you represent and warrant that your use of the Services to market, advertise and sell Food Services does not violate any applicable law or regulation, including but not limited to the California Retail Food Code (excerpted from the California Health and Safety Code). For Chefs located in California, you represent and warrant that you prepare and provide all Food Services to Customers using a qualified
For further information on California's regulations regarding microenterprise home kitchens, please review the resources provided by the Cook Alliance at www.cookalliance.org. Cuisine Crafters does not guarantee the accuracy of information or endorse any opinions contained on the Cook Alliance website.
For any particular Food Services and related content posted using the Service, a Chef shall provide a comprehensive list of ingredients contained in or otherwise used to prepare the meal or food item, including any known allergens. Cuisine Crafters is not responsible for the accuracy of the information and labeling of food delivered to Customers. Customers should be advised that meal and food items may be prepared in facilities using the same equipment that is used to prepare meals and food items containing other allergens even if the allergen is marked as being absent from the food. Cuisine Crafters shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any meals and food items and related items purchased through the Service.
Cuisine Crafters maintains insurance for its own business operations, but it does not maintain insurance for the actions of Chefs or Customers. If you are a Chef, Cuisine Crafters recommends that you obtain appropriate insurance to cover the operation of your Food Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers or any third-party service.
To the extent you are a Customer, Cuisine Crafters may allow you to upload content and leave reviews regarding your purchase of Food Services. Cuisine Crafters may accept, reject, or remove reviews and any associated content in its sole discretion. Cuisine Crafters has absolutely no obligation to screen or to delete reviews or associated content, even if anyone considers reviews objectionable or inaccurate. Those Customers posting reviews should comply with the following criteria:
Cuisine Crafters is not affiliated with or endorsed by any Chef, restaurant or other meal preparation service made available through the Service. Beyond its capacity as a marketplace and technology platform, Cuisine Crafters is not a party to or involved in any transaction between Customers and Chefs, and does not act as a Customer, Chef (or affiliate for a Customer or Chef) or broker with respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and all of these risks are borne by you, and not Cuisine Crafters. We encourage you to use the various functionalities of the Service (e.g., Chef profiles, meal options, and user reviews) to help evaluate the user with whom you are dealing.
Software (as defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Customers may cancel a Food Service only in accordance with the cancellation policy and associated fees set forth on the applicable Chef's profile during the booking process.
Chefs who cancel a Food Service order with less than seventy-two (72) hours before the Food Service Appointment will be charged a twenty-five dollar ($25) cancellation fee. Cuisine Crafters reserves the right to remove any Chef who consistently cancels Food Service orders after having accepted the Food Service order.
Processing Fee: Cuisine Crafters will charge Customers a service fee of 5% of the total cost of the Service order.
Cuisine Crafters charges a monthly or annual subscription fee to Chefs, as applicable, as selected and agreed to by the Chef during the account creation process. Cuisine Crafters also charges a transactional fee to Chefs, which is indicated on the applicable subscription fee plan for each Chef. The subscription fees and transactional fees are subject to change at any time and for any reason by Cuisine Crafters in its sole and absolute discretion. Unless otherwise stated, all fees are quoted in U.S. dollars.
Customers may pay for Items using credit cards, debit cards, or other payment methods as may be determined by Cuisine Crafters from time to time. Chefs will be prompted to provide bank account details to us so that we may facilitate transfer of payments received from Customers purchasing Food Services. If you submit your payment information through the Service, then you authorize Cuisine Crafters to store that payment information and charge your payment method for any Food Services that you purchase. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
If you purchase Services on a recurring or subscription basis, you hereby authorize Cuisine Crafters to bill your payment instrument in advance on a periodic basis in accordance with the terms of any particular subscription order until you terminate or pause such order or terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Cuisine Crafters know within fourteen (14) days after the date that Cuisine Crafters charges you.
We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service. Any change will be effective upon posting on the Cuisine Crafter's website unless a different notice period is required by law. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
Cuisine Crafters may from time to time offer users certain promotions, incentives, or credits ("Promotions") towards the purchase of Food Services and/or fees associated with use of the platform, and users may use such Promotions in accordance with their terms. Depending on the type of Promotion used, it may reduce the amount of taxes that apply to a Customer's order. The application of the Promotion will be reflected at the time of checkout and on the receipt of purchase. Promotions are personal to the user that they are sent to and may not be shared or redeemed with anyone else unless it is explicitly permitted by the terms of that Promotion. Chefs may also offer Promotions to their customers through the platform and are solely responsible for any costs associated with redemption of that Promotion.
In some locations, the sale and delivery of alcohol may be permitted through the Services. In such jurisdictions, the Chef must hold a valid liquor license that permits the sale of cocktails for delivery, and it is the responsibility of such Chef and any delivery provider they use to verify identification and age, and to determine whether it is otherwise safe and appropriate to furnish their Customers with alcohol. Chefs may require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time of pick-up or delivery. If a Chef cannot verify a Customer's age or identity, if a Customer appears intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, the Customer is 25 years old but appears to be in the company of only 18 year olds), Chefs may refuse to furnish the Customer with alcohol. Alcohol cannot be left unattended (contactless delivery is not available for alcohol orders) — someone 21 or older must be present to accept and sign for it. If a Chef is unable to deliver your product for this or a similar reason, the Chef may still charge you for the order. If we believe that your order is fraudulent or unlawful, we may suspend your use of the Services.
If you find yourself in a dispute with another user concerning your use of the Service, we encourage you to contact the other user and try to resolve the dispute amicably. If a resolution cannot be reached, you may contact us at [email protected] We will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims.
Customers will be able to use Cuisine Crafters' messaging tool to communicate with Chefs with whom the Customer place Food Service orders with. This messaging tool is a great way for Customers and Chefs to coordinate the Food Service. However, this tool may not be used for the following activities:
Your voluntary provision to Cuisine Crafters of your cell phone number represents your consent that Cuisine Crafters, a Chef (with which you engaged for Food Services), and/or a Customer (with which has hired you for Food Services), as applicable, may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to Cuisine Crafters, you warrant that you are the current subscriber or authorized user of the relevant account. You may unsubscribe from receiving text messages from Cuisine Crafters at any time.
Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages.
As a Chef, you understand and agree that you are solely responsible for the calculation and collection of all taxes and fees associated with any product or service that you sell on the Service. Chefs are solely responsible for collecting, reporting, and/or paying the correct amounts to the appropriate taxing authorities. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend Chefs consult an appropriate tax professional to review tax rates applied to any products or services they sell on the Service. Cuisine Crafters is not responsible for taxes not being correctly calculated on any orders placed on the Service.
You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, taking any of the following actions
Further, you agree not to take any of the following actions when using the Service:
The Service contains important and proprietary property owned by us, including Software that constitutes our intellectual property and trade secrets. The technology and software underlying the Service or distributed in connection therewith are the property of Cuisine Crafters, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service. Any rights not expressly granted herein are reserved by Cuisine Crafters.
Further, you may choose to, or we may invite you to submit comments, suggestions, or ideas about the Service, including how to improve the Service ("Feedback"). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other sources.
Our Service may be integrated with services provided by third parties as part of the functionality of the Service. You understand that we do not have control over third parties and that such third parties are not agents of Cuisine Crafters. You acknowledge and agree that we make no representation or warranty about, do not endorse, and will not be liable for any third party's products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services. We hereby disclaim and you hereby discharge, waive, and release us and our licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.
In addition, Cuisine Crafters is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Cuisine Crafters is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party service. Cuisine Crafters enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
If you are a California resident,
We may, from time to time, develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Service ("Updates"). These may be automatically installed without providing any additional notice or receiving any additional consent. If you do not want such Updates, your remedy is to terminate your account and stop using the Service. If you do not terminate a previously created account, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.
Further, by using the Service, you agree that we may use this information, including your email address, to send you information regarding Updates to the Service, problems with the Service, and any other communications pertaining to the functionality of the Service.
You may not upload, download, display, perform, transmit, or otherwise distribute any information or content (the "Content"), in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to us that you own, or have the right to use, all Content that you provide on or through the Service. If you do not respect a third party's intellectual property or proprietary rights, you are solely responsible for any violations of law. Further, you represent and warrant that:
You are solely responsible for the Content that you upload or post to the Service or any material or information that you transmit to other users.
By posting any Content to any of the public areas of the Service that allows you to interact with other users, you hereby grant to Cuisine Crafters the non-exclusive, fully paid, worldwide license to use, publicly perform, and display such Content on the Service for purposes of sale and license. You grant Cuisine Crafters the right to use and display your Content in online advertisements, online videos, online newsletters, printed marketing materials, and TV commercials for the purpose of promoting Cuisine Crafters.
You shall not make inappropriate Content available on, or through, the Service, including, but not limited to:
If you post this type of inappropriate Content, or use the Service to transmit such Content, as determined in our sole discretion, we may remove such Content from our servers and terminate your account.
While we maintain a policy against the posting of inappropriate Content on the Service, you agree that we do not assume any responsibility for, and we will not be liable for, any inappropriate Content on the Service posted by another user.
THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE." CUISINE CRAFTERS AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
CUISINE CRAFTERS AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.
CUISINE CRAFTERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFOMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND CUISINE CRAFTERS IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.
CUISINE CRAFTERS MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND CUISINE CRAFTERS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.
SPECFIC DISCLAIMER RELATING TO ANY FOODS PURCHASED ON THE SERVICE
YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR THOSE YOU ARE ORDERING FOR MAY HAVE AND FOR VERIFYING THE CONTENT OF THE FOOD SERVICE AND THEIR INGREDIENTS AND THE WAY IN WHICH THE FOOD SERVICES ARE PREPARED BEFORE HANDLING, USING OR CONSUMING SUCH FOOD SERVICE. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT A CHEF MAY STORE AND USE INGREDIENTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS).
CUISINE CRAFTERS IS NOT RESPONSIBLE OR LIABLE FOR ANY ILLESS OR OTHER RESULTS OR DAMAGE CAUSED BY THE CONSUMPTION OF ANY FOOD SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY, OR HEALTH PROBLEMS, OR ANY OTHER NEGATIVE EXPERIENCE WITH ANY CHEF OR ANY FOODS PROVIDED AND ORDERED THROUGH THE SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABLITY IN CONNECTION WITH THE FOREGOING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CUISINE CRAFTERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF CUISINE CRAFTERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CUISINE CRAFTERS' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100. CUISINE CRAFTERS DISCLAIMS ALL LIABILITY OF ANY KIND OF CUISINE CRAFTERS' LICENSORS AND SUPPLIERS.
You agree to defend, indemnify, and hold harmless Cuisine Crafters, its directors, officers, and agents, as well as its licensors and suppliers from any damages, liabilities, claims or demands (including costs and attorneys' fees) made by any third party due to or arising out of
These Terms shall be governed by and construed and interpreted in accordance with the laws of the State of Florida to the exclusion of its conflict of laws provisions.
You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at [email protected]). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation, which shall take place in Tampa, Florida, and the costs of which shall be divided equally between you and Cuisine Crafters. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration, which shall take place in Tampa, Florida.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above. In the event of any lawsuit for injunctive relief as provided in the previous sentence, or in the event that this arbitration provision is held to be invalid, you agree to the exclusive jurisdiction of the courts located in Tampa, Florida as the sole venue to litigate such lawsuit.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys' fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Cuisine Crafters, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms (including, without limitation, with respect to our intellectual property rights, limitation of liability, disclaimer of warranties, your indemnity obligations, and dispute resolution) shall survive the termination.
If you believe that your work has been copied in a way that constitutes copyright and/or trademark infringement, please provide a notice (a "DMCA Notice") with the following information to Cuisine Crafters' Copyright Agent:
We may give notice to our users by means of a general notice on our Service, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright and Trademark Agent. To be effective, the counter-notification must be a written communication that includes the following:
Cuisine Crafters may terminate user accounts that have been the subject of five (5) separate DMCA notices. In the event a user's materials are removed due to a DMCA Notice and then subsequently restored due to the filing of a counter-notification, Cuisine Crafters will treat the underlying DMCA Notice as withdrawn. Cuisine Crafters reserves the right to terminate user accounts that are the subject of fewer than five (5) DMCA Notices in appropriate circumstances - such as where the user has a history of violating or willfully disregarding these Terms.
Users of the Service acting in the capacity of a Chef do so in their personal capacity as an independent business and independent contractor and seller of goods and not as an employee of Cuisine Crafters. As a Chef, you agree that:
Cuisine Crafters does not control the behavior of users of the Service or the information or Content (defined below) provided by other users. As a result, Cuisine Crafters does not guarantee or endorse the legality, authenticity, quality, or safety of any Food Services, the truth or accuracy of any listings, or the ability of Chefs to sell Food Services or of Customers to buy Food Services. We cannot assure that all transactions will be completed. Additionally, Cuisine Crafters does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Cuisine Crafters reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Cuisine Crafters and its users from illegal or wrongful activities or other violations of these Terms.
If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by us without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.
We reserve the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
These Terms constitute the entire agreement between you and Cuisine Crafters and govern your use of the Service, superseding any prior oral and written agreements between you and Cuisine Crafters with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third party software. Notwithstanding the foregoing in this Section 30, Chefs may be referred to the Service by a third-party channel partner or referral source of Cuisine Crafters and hereby agree and acknowledge that such third parties are not legally permitted to make any representations or warranties regarding the Services, and this agreement supersedes any prior oral and written agreements between the Chef and such third party with respect to the Service.