Terms and Conditions

Changes to the terms of use:

 

We may revise and update these Terms of Use from time to time, in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

 

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Eligibility

 

If you are using this Site or the Services on behalf of a legal entity, you represent that you are authorized to accept these Terms on behalf of such entity. You acknowledge that you are 18 years of age or older, and, if under the age of 18, are using this Site or the Services under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Site or the Services or transmit or otherwise submit personally identifiable information to the Company.

 

Registration

 

You may be required to register with Tangy Chef in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended users of the Service (both Customers and Sellers). If you do not qualify, please do not use the Service. Additionally, Tangy Chef reserves the right to refuse access to, or use of the Service to, anyone who breaches these Terms of Service or for the reasons related to the safety of the Chef Community including Chef Users, employees or prospective Users. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

 

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Tangy Chef of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Tangy Chef will not be liable for any loss or damage arising from your failure to comply with this Section.

 

Modifications to Service: Tangy Chef reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Tangy Chef shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

Proprietary Rights

 

The information, logos, images and materials available through the Sites or Services, are the property of the Company and are protected by copyright and other intellectual property rights and laws. You may not use, copy, print, display, reproduce, publish, license, post, transmit, modify, distribute, or create derivative works of, the Site, Services or information or images posted thereon, without the express prior written authorization of the Company.

 

Warranties

 

THE TANGY CHEF OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED STATUTORY OR OTHERWISE, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TANGY CHEF MAKES NO WARRANTY THAT THE TANGY CHEF OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE TANGY CHEF OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TANGY CHEF WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE NETWORK CONNECTION ASSOCIATED WITH THE TANGY CHEF OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TANGY CHEF OR OTHERWISE THROUGH OR FROM THE TANGY CHEF OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, TANGY CHEF DOES NOT ENDORSE USER CONTENT OR FEEDBACK AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY FEEDBACK.

 

Tangy Chef makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site and/or the App. Tangy Chef cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Tangy Chef cannot and does not guarantee or warrant that files available for downloading from the Site and/or the App will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Tangy Chef cannot and does not guarantee or warrant that any content you post on the Site and/or the App will remain on the Site and/or the App. Tangy Chef does not warrant or guarantee that the functions or services performed on the Site and/or the App will be uninterrupted or error-free or that defects in the Site and/or the App will be corrected.

Tangy Chef may disable all or any social media features and any links at any time without notice in our discretion.

 

Limitation of Liability

 

TO THE EXTENT ALLOWED BY LAW, WE, Tangy Chef WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:

 

• DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
• MODIFYING OR DISCONTINUING, TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
• IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
• THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR
• ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE.

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IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS, THE WEBSITE, OR INFORMATION WE PROVIDE YOU, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE, OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.

 

Indemnification

 

You agree to indemnify, defend, and hold Tangy Chef, its officers, directors, employees, shareholders, affiliates agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your use of the Tangy Chef Offerings or your use of any information obtained from the Tangy Chef Offerings.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

 

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Tangy Chef, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Tangy Chef are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

For Sellers, or Seller registrants, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in Tangy Chef’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with Tangy Chef. Except as specified in this arbitration agreement, if you are a Seller, you may opt out of the Arbitration Agreement by notifying Tangy Chef in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to 9450 SW Gemini Dr, PMB 92716, Beaverton, Oregon 97008-7105 Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement.

 

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND TANGY CHEF AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TANGY CHEF AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

 

c. Pre-Arbitration Dispute Resolution

 

Tangy Chef is always interested in resolving disputes amicably and efficiently, and most customer concerns be resolved quickly and to the customer’s satisfaction by emailing customer support at support@tangychef.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Tangy Chef should be sent to 9450 SW Gemini Dr, PMB 92716, Beaverton, Oregon 97008-7105. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Tangy Chef and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Tangy Chef may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tangy Chef or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Tangy Chef is entitled.

 

d. Arbitration Procedures

 

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator award the same damages and relief on an individual basis that a court award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

Unless Tangy Chef and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Tangy Chef agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

 

e. Costs of Arbitration

 

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Tangy Chef will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Tangy Chef will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Tangy Chef will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

 

f. Confidentiality

 

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

g. Severability

 

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

 

h. Future Changes to Arbitration Agreement

 

Notwithstanding any provision in this Terms of Service to the contrary, Tangy Chef agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Tangy Chef written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

 

Platform for Transaction and Communication

 

The Website is a platform for Users to meet and interact with one another for their transactions. Tangy Chef is not and cannot be a party to or control in any manner any transaction between the Website’s Users.

 

1. All commercial/contractual terms are offered by and agreed to between User/Buyer and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Tangy Chef does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the User/Buyer and Sellers.

2. Tangy Chef does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Tangy Chef does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Tangy Chef accepts no liability for any errors or omissions, whether on behalf of itself or Registered Seller.

3. Tangy Chef is not responsible for any non-performance or breach of any contract entered into between User/Buyers and Sellers. Tangy Chef shall not and is not required to mediate or resolve any dispute or disagreement between User/Buyers and Sellers.

4. Tangy Chef does not at any point of time during any transaction between User/Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to User/Buyer.

5. At no time shall Tangy Chef hold any right, title or interest over the products nor shall Tangy Chef have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Tangy Chef is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

6. The Website is only a platform that can be used by you to reach a larger base to buy products or services from Registered Sellers. The Website is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be strictly a contract between you and the Seller. At no time shall Tangy Chef hold any right, title or interest over the products nor shall Tangy Chef has any obligations or liabilities in respect of such contract.

 

Returns Policy

 

Tangy Chef follows a “no questions asked” Return and Refund policy, which entitles all our members to return the product at the time of delivery if due to some reason they are dissatisfied or have issues with the quality or freshness of the product. If the invoice amount has been paid prior to the delivery, we shall issue a credit note for the sum equivalent to the value of the items returned, which will then be credited to the User’s account on the Site. This amount may be used against future purchases on the Site.

 

Replacement

 

Replacement is the action or process of providing something in place of another. You can request a replacement whenever you are not happy with the item, for the following reasons: Damaged in shipping, Defective item, Item(s) missing, Freshness, Unsatisfactory quality of the product, or Wrong item shipped.

 

Specific Disclaimers 

 

Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

We do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 

Intellectual Property Rights  

 

The Website, the App, and the Services’ entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

These Terms of Use permit you to use the Services for your sole, personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

 

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• Your computer or other device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other Apps for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such Apps.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not:

 

• Modify copies of any materials from our Services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, and without authorization from the Company.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services.

 

You must not access or use for any unauthorized commercial purposes any part of the Website or App or any services or materials available through the Website or App. 

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks  

 

The Company name, Tangy Chef, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

 

Prohibited Uses  

 

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

 

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• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using names and email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

 

Additionally, you agree not to:

 

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• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

 

User Contributions  

 

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

 

You represent and warrant that:

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• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

Monitoring and Enforcement; Termination  

 

Tangy Chef has the right to:

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• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, Tangy Chef has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS TANGY CHEF AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TANGY CHEF/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Copyright Infringement 

 

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to privacy@tangychef.com . It is the policy of Tangy Chef to terminate the user accounts of repeat infringers.

 

Reliance on Information Posted 

 

The information presented on or through the Services is made available solely for general information purposes. Tangy Chef does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Tangy Chef disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

 

These Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Tangy Chef, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Tangy Chef. Tangy Chef is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Services 

 

Tangy Chef may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and Tangy Chef is under no obligation to update such material.

 

Information About You and Your Visits to the Website  

 

All information Tangy Chef collects on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by Tangy Chef with respect to your information in compliance with the Privacy Policy.

 

Linking to the Website and Social Media Features 

 

You may link to Tangy Chef homepage, provided you do so in a way that is fair and legal and does not damage Tangy Chef reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Tangy Chef part without Tangy Chef expresses written consent.

 

The Website may provide certain social media features that enable you to:

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• Link from your own or certain third-party websites to certain content on the Website.
• Send emails or other communications with certain content, or links to certain content, on the Website.
• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by tangy Chef, solely with respect to the content they are displayed with. Subject to the foregoing, you must NOT:

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• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

You agree to cooperate with Tangy Chef in causing any unauthorized framing or linking immediately to stop. Tangy Chef reserves the right to withdraw linking permission without notice.

 

Tangy Chef may disable all or any social media features and any links at any time without notice in our discretion.

 

Waiver and Severability

 

No waiver by Tangy Chef of any of the terms and conditions set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tangy Chef to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

 

Notice

 

Tangy Chef may deliver notice to you under this Agreement by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Tangy Chef account. You may give notice to Tangy Chef at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Tangy Chef, need some address, Attn: Legal Department.

 

Telephone Calls and SMS Text Messages

 

Upon registration for an account, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Tangy Chef can reach you with informational calls related to your transactions. The frequency of text messages that we send to you depends on your transactions with us and you consent to receive text messages sent through an automatic telephone dialing system. All calls to and from Tangy Chef may be monitored or recorded for quality and training purposes.

 

If you elect to receive text messages about your account, we may also send you promotional text messages and you consent to receive recurring SMS text messages sent through an automatic telephone dialing system. This service is optional, and is not a condition of purchase. You can opt out of receiving SMS messages at any time by texting STOP in response. Message and data rates may apply. We will treat data collected through text messages in accordance with our privacy policy.

 

All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. If you wish to opt out of such text messages, you may do so by following the “opt-out” instructions in the text message, or by editing your account settings. Message and data rates may apply. We will treat data collected through text messages in accordance with our Privacy Policy.

 

Miscellaneous

 

These Terms and any Additional Terms contain the entire agreement between you and Tangy Chef with respect to the Site and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site or Services. Any failure to enforce any provision of these Terms or such Additional Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such Additional Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such Additional Terms and will not affect the validity and enforceability of any remaining provision.