Terms and Conditions
TERMS OF USE
ChefsJoy.com
Welcome to ChefsJoy.com (Chef’s Joy), a dba of Blaze Networks LLC. Chef’s Joy maintains this website to give you the opportunity to purchase Chef’s Joy products, as well as to provide relevant information about our company, our products, and educational material. If you continue to browse and use this website, you are agreeing to comply with and be bound by following terms and conditions of use, which together with our private policy govern Chef’s Joy’s relationship with you in relation to this website.
BINDING EFFECT. This is a binding agreement. By using the Internet site located at ChefsJoy.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by Chef’s Joy ("Company") from time to time in its sole discretion. Chef’s Joy will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. Chef’s Joy may send registered users an email notifying them of any changes to these Terms, but is not obligated to do so. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
REGISTRATION. If you open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of someone else at any time. You agree to notify Chef’s Joy immediately of any unauthorized use of your account, user name, or password. Chef’s Joy shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Chef’s Joy, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
FEES; PAYMENT. Some products and services available through or in connection with this Site require that you purchase a subscription or otherwise pay a fee. You hereby authorize the Company and its merchant provider to charge your credit card in advance for all applicable fees and charges incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. The Company reserves the right to change the amount of, or basis for determining, any fees or charges for products and services it provides, and to institute new fees, charges, or terms without notice. . Customer's right to use the Service is subject to any expenditure limits established by the Company or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card, or Customer's charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of Company hereunder. If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit, or charge card number stored), notify the Company of the problem to avoid possible liability for any unauthorized charges to Customer's account. It is your responsibility to notify the Company if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.
SALES TAXES. Chef’s Joy will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. PRIVACY POLICY. Chef’s Joy respects your privacy and permits you to control the treatment of your personal information. A complete statement of Chef’s Joy's current privacy policy can be found by clicking here. Chef’s Joy's privacy policy is expressly incorporated into this Agreement by this reference.
TYPOGRAPHICAL ERRORS: ACCURACY OF INFORMATION. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Company shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Chef’s Joy shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Company shall immediately issue a credit to your credit card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed. The availability of products and other items on the Site may change at any time, without notice.
NO WARRANTIES. CHEF’S JOY HEREBY DISCLAIMS ALL WARRANTIES. CHEF’S JOY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CHEF’S JOY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. CHEF’S JOY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
AFFILIATED AND THIRD PARTY SITES. Chef’s Joy has no control over, and no liability for any third party websites or materials. Chef’s Joy may work with a number of partners, affiliates, and advertisers whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these third party sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. .
PROHIBITED USES. Chef’s Joy imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
COPYRIGHT; TRADEMARK. All contents of Site or Service are: Copyright © 2010 Blaze Networks LLC, 638 Lindero Canyon 412, Oak Park, CA 91377. All rights reserved. No material can be downloaded, except for your own personal use provided you have retained any relevant copyright and other proprietary notices which may be contained on the images. You may not reuse, distribute, modify, repost any content of this site for public or commercial uses such as logos, text, images, without the express written permission of Blaze Networks LLC. “Chef’s Joy,” “ChefsJoy.com” and the logo below, as well as all logos and similar images and text found on ChefsJoy.com or any other sites controlled or operated by Chef’s Joy, are trademarks of Blaze Networks LLC.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of Ventura, California, USA in all disputes arising out of or related to the use of the Site or Service.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
MODIFICATIONS. Chef’s Joy may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Chef’s Joy shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Amended January 15, 2010
