Terms and Conditions

Effective Date: January 1, 2024

Thank you for visiting our website, owned and operated by Chef Bobo Brands, Inc. (referred to as “Chef Bobo,” “us,” “our,” “we”). These Terms of Use (these “Terms”) constitute a legal agreement between you and Chef Bobo in respect of your use of our websites at friendlygrains.com, avaorganicsfoods.com, wowzasnacks.com and chefbobo.com (each a “Site” and collectively the “Sites”), and the products advertised therein, whether directly or indirectly purchased from us (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST PROMPTLY CEASE USING IT.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described in Section 19 below. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

Your Access to the Service
Permitted Use and Restrictions
Privacy
User Accounts and Security
Terms of Sale and Payments
Subscriptions
Your Reviews
DMCA Notice
Idea Submissions
Intellectual Property Rights
Third Party Sites and Services
Your Promises to Us
Indemnity
Warranty Disclaimer
Limitation of Liability
Termination
Communication Between Us
Governing Law
Dispute Resolution
Notice for California Residents
Notice for New Jersey Residents
Other Important Terms
Changes to These Terms
Contact Us

1. YOUR ACCESS TO THE SERVICE

1.1 Internet Access. When using the Service on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.

1.2 Your Device. Chef Bobo is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.

1.3 No Guarantee. Access to the Service may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.

2. PERMITTED USE AND RESTRICTIONS

2.1 License Grant. Subject to the terms and conditions of these Terms, Chef Bobo hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.

2.2 Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (a) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (b) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (c) use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by Chef Bobo in its sole discretion.

2.3 Eligibility. In order to access and use the Service or register an Account you must be an individual at least 18 years of age or a duly organized, validly existing business, organization, or other legal entity in good standing under any and all applicable laws and able to enter into legally binding contracts. Individuals under the age of 18 are not permitted to utilize the Service.

2.4 Investigations. We may, but are not obligated to, monitor, or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 16 below.

2.5 Violation of these Terms. You must not use (or permit a Third Party to use) the Service: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (c) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service, (d) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service, (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (f) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Chef Bobo has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

3. PRIVACY

These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy, and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

4. USER ACCOUNTS AND SECURITY

4.1 User Accounts. To use certain features of the Service, you may be required to create an account and provide us with a username, password, email, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete account information may result in your inability to access or use our Service.

4.2 Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify Chef Bobo immediately if you become aware of any unauthorized use of your password or your account.

4.3 Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.

4.4 Fees. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

4.5 Account Deletion by You. You may delete your account at any time by contacting us at the information in Section 24 (Contact Us) below.

4.6 Account Deletion by Us. Chef Bobo may terminate your account at any time for any reason or no reason, including if: (a) Chef Bobo determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Chef Bobo; (b) Chef Bobo determines it is required by law to terminate your account; or (c) Chef Bobo decides to stop providing the Service or critical portions of the Service. When terminating your account, Chef Bobo may delete your account and the information in it. You have no ownership rights to your account.

5. TERMS OF SALE AND PAYMENTS

5.1 Billing Policies. If you choose, at your sole discretion, to purchase goods, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. Chef Bobo uses authorized third-parties for the purpose of processing your transactions, credit card authorizations, order fulfillment, and shipping. By submitting Payment Method details to us or our Third Party processors, you grant (or otherwise authorize) Chef Bobo the right to store and process your information with such third-parties. You agree that Chef Bobo is not responsible for any failures of such third-parties to adequately protect your information.

5.2 Currency. Our products can be ordered and delivered only within the U.S., Canada, Mexico, South Korea, Japan, Taiwan and Europe. Chef Bobo is not responsible for any exchange rates or fees incurred by you from your chosen Payment Method.

5.3 Product Availability. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings through the Service, without notice, at any time. All prices displayed through the Service are exclusive of taxes and shipping charges. All orders are subject to acceptance and availability. In certain circumstances, products may become unavailable after an order has been placed. In such a case, we will either notify you that we are unable to process your order, or a refund will be issued to your original Payment Method for the amount paid. It may take three (3) to eight (8) business days for the refund to appear on your bank or credit card statement.

5.4 Order Processing. Product orders are typically processed within three (3) business days. Once an order has been placed, a confirmation email will be sent to you and the order cannot be modified or cancelled. Once your order has been processed and shipped, you will receive a shipping confirmation email. Orders may experience shipping delays for reasons outside our control or during special releases, major holidays, and markdown periods. In the event of a shipping delay, we will notify you as soon as possible and work to get your order processed as soon as we can. Chef Bobo is not responsible or liable to you for any delays to your order.

5.5 Personal Use. All products sold by or received from Chef Bobo are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from Chef Bobo. Chef Bobo reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Chef Bobo in its sole discretion.

5.6 Sale Items. Chef Bobo reserves the right to extend or modify markdowns or discount codes at any time with or without notice.

5.7 Returns. To return unopened items, or if there is a problem with your order, you can contact us at the information in Section 24 (Contact Us) below. If you have purchased our products via Amazon.com or one of our other e-commerce or retail partners, please see the section, Third Party Sites and Services below, and we encourage you to read their Terms of Use and other policies (if any).

6. SUBSCRIPTIONS

6.1 Subscription. The Service allows you to enroll in auto shipments of your desired products (the “Subscription”) through your user account. If you enroll in a Subscription, you will be charged the current price of the item(s) enrolled in your auto ship, plus any applicable taxes and other charges (the “Subscription Fee”) at the beginning of the Subscription and each Subscription period (e.g., monthly) thereafter. Product prices, shipping fees, or other charges are subject to change with or without notice and may affect your Subscription Fee between Subscription periods.

6.2 Payment Method. To enroll in a Subscription, you may be required to provide a current, valid, accepted method of payment (“Payment Method”). You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment. You remain responsible for any uncollected amounts. Chef Bobo uses authorized third-parties for the purpose of processing your transactions and credit card authorization. By submitting Payment Method details to us or our Third Party processors, you grant (or otherwise authorize) Chef Bobo the right to store and process your information with such third-parties. You agree that Chef Bobo will not be responsible for any failures of such third-parties to adequately protect your information. If a payment is not successfully settled—for example, due to expiration of a credit card, insufficient funds, or otherwise—we may suspend your Subscription until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees. Check with your Payment Method service provider for details.

WHEN YOU ENROLL IN A SUBSCRIPTION PLAN, WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD (AS DESCRIBED BELOW). SUCH NOTICE WILL NOT AFFECT ANY CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT TO TERMINATE YOUR AUTHORIZATION OR TO CHANGE YOUR PAYMENT METHOD OR THE SUBSCRIPTION.

6.3 Updating Your Payment Method. You can update your Payment Method by logging into your account or you may contact us at the details in Section 24 (Contact Us). We may also update your Payment Method using information provided by Payment Method service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

6.4 Cancellation. You can cancel or make changes to your Subscription at any time by logging into your account. You may also cancel your subscription by contacting us at the contact details in Section 24_ (Contact Us). Subscriptions may be canceled at any time, however auto shipments that have already been processed may not be canceled.

6.5 Changes to the Subscription Plan or Price. We reserve the right to change the Subscription or adjust the Subscription Fees or discounts for the Subscription or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any Subscription Fee changes will take effect following notice to you.

7. YOUR REVIEWS

Chef Bobo may display reviews of our products left by you either on our Service or from the websites of Third Parties (as governed by our UGC Terms of Use). Chef Bobo is not the source of, does not verify or endorse, and takes no responsibility for the content of reviews made available through the Service (the “Submitted Content”). Submitted Content is entirely the responsibility of the person from whom such content originated.

Chef Bobo does not claim ownership over the Submitted Content displayed on our Service. You acknowledge that Chef Bobo has the right to pre-screen Submitted Content but has no obligation to do so. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Chef Bobo may, in its sole discretion, block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its users, or otherwise enforce these Terms.

With respect to all of your Submitted Content, provided directly through the Service you grant Chef Bobo a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Chef Bobo’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels.

You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant, and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section 7 (Your Reviews).

8. DMCA NOTICE

Chef Bobo has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of Chef Bobo or of a Third Party, or otherwise violated any intellectual property laws or regulations. Chef Bobo’s policy is to investigate any allegations of copyright infringement brought to its attention.

8.1 Take-Down Notice. If you have evidence, know, or have a good faith belief that your rights or the rights of a Third Party have been violated and you want Chef Bobo to delete, edit, or disable the material in question, you must provide Chef Bobo with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act) to our designated copyright agent set forth below:

A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
Identification of the copyrighted work (or works) claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Chef Bobo to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
Information reasonably sufficient to permit Chef Bobo to contact you, including your address, telephone number, and e-mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;
A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C 512(c)(3) for further information.

For this notification to be effective, you must provide it to Copyright Manager by email at info@chefbobo.com]. You can also mail your DMCA request to:

Attn: Copyright Manager
Chef Bobo
2901 W. Saner Ave.
Dallas, TX 75233
USA

Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.

If you fail to comply with all of the requirements above, your DMCA notice may not be valid and may not be acknowledged. Once proper notice is received by the Designated Agent, it is Chef Bobo’s policy to investigate the claim and notify the alleged infringer of your claim. If we determine that you have raised a legitimate copyright claim, we will remove or disable access to the infringing material and notify the content provider, member, or user that we have removed or disabled access to the material. In addition, repeat offenders will have the infringing material removed from the system and Chef Bobo will terminate such content provider’s, member’s, or user’s access to the Service.

8.2 Counter-Notice. If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number; and
A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

If a counter-notice is received by the Designated Agent, Chef Bobo may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Chef Bobo’s discretion.

9. IDEA SUBMISSIONS

We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us, and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.

If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third-parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Trademarks. The Chef Bobo names and logos are trademarks and service marks of Chef Bobo. You do not have the right to use any of our trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

10.2 Ownership. You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Chef Bobo, protected by intellectual property laws. You acknowledge and agree that Chef Bobo or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Chef Bobo has designated as confidential, and you agree not to disclose such information without Chef Bobo prior written consent. Nothing posted on the Service grants a license to any Chef Bobo trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Chef Bobo. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

11. THIRD PARTY SITES AND SERVICES

The Service may contain links to Third Party websites, including but not limited to Facebook, Amazon, and Instagram; you may also be able to purchase our products from Third Party e-commerce or retail partners, including but not limited to Costco, Amazon, or Walmart (collectively, “Third-Parties”). You acknowledge that we have no control over such Third-Parties and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the Third-Parties’ services, which use you acknowledge and agree shall be at your own risk.

These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Parties’ websites, and we have no association with their operators. Your use of the Third-Parties’ websites will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read and comply with Third Party Terms.

12. YOUR PROMISES TO US

You promise to us that (a) you are authorized to agree to these Terms, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list or prohibited or restricted parties, (d) you assume the risk of any information submitted by you, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.

13. INDEMNITY

You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any Third Party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

14. WARRANTY DISCLAIMER

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE (INCLUDING OUR PRODUCTS) WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES WITH RESPECT TO THE SERVICE (INCLUDING OUR PRODUCTS) AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.

No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CHEF BOBO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service (including our products). Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a Third Party or conduct of a Third Party on the Service.

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods purchased through the Service in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHEF BOBO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON CHEF BOBO’S GOVERNING LAW PROVISION SET FORTH BELOW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”.

16. TERMINATION

We may terminate these Terms, deactivate your Account, cancel your order, and/or your permission to use the Service immediately, without prior notice or liability, if: (a) you commit any breach of these Terms; (b) we discontinue the Service, or (c) we are prevented from providing the Service for any reason.

Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the Service and/or your access to it, or your order, at any time with or without notice to you: (a) if required by law or (b) due to an event beyond our control.

On termination of these Terms for any reason: (a) all rights granted to you under these Terms will cease immediately, (b) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (c) you acknowledge that we may restrict your access to the Service. Sections 3, 10, and 13-22 will survive any termination or expiration of these Terms.

17. COMMUNICATION BETWEEN US

If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

If you have purchased our products via Amazon.com, please see the section, Third Party Sites and Services above. All communications which respect to such products should be sent using Amazon’s user portal and resources.

18. GOVERNING LAW

These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of Texas in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of Texas or any other jurisdiction). You and Chef Bobo agree that, except as otherwise provided below, the state and federal courts located in the County and City of Dallas, Texas will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Chef Bobo shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

19. DISPUTE RESOLUTION

19.1 User Concerns. Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in Section 24 (Contact Us) below.

19.2 Disputes. By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.

19.3 Arbitration Procedures. In the event your concern cannot be resolved informally, you and Chef Bobo agree that, except as provided in Section _19.6 below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 19 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

Except as otherwise set forth in Section 19.6 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Chef Bobo will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Chef Bobo may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

19.4 Location. The arbitration will take place in the City and County of Dallas, Texas, United States of America, unless the parties agree to video, phone, or internet connection appearances.

19.5 Limitations. You and Chef Bobo agree that any arbitration shall be limited to the Claim between Chef Bobo and you individually. YOU AND CHEF BOBO AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

19.6 Exceptions to Arbitration. You and Chef Bobo agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

19.7 Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

19.8 Severability. You and Chef Bobo agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 19.6), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 19.6 is found to be illegal or unenforceable then neither you nor Chef Bobo will elect to arbitrate any Claim falling within that portion of Section 19.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the City and County of Dallas, Texas, United States of America, and you and Chef Bobo agree to submit to the personal jurisdiction of that court.

20. NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.

21. NOTICE FOR NEW JERSEY RESIDENTS

If you are a consumer residing in New Jersey, the following provisions of this TOS Agreement do not apply to you: Section 14 (Warranty Disclaimer), Section 15 (Limitation on Liability), and Section 18 (Governing Law) above, the Texas governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

22. OTHER IMPORTANT TERMS

22.1 Assignment. The rights granted to you under these Terms may not be assigned without Chef Bobo’ prior written consent, and any attempted unauthorized assignment by you shall be null and void.

22.2 Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.

22.3 Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 19.8, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

22.4 No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Chef Bobo of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

22.5 Equitable Remedies. You acknowledge and agree that Chef Bobo would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

22.6 Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Chef Bobo with respect to the Service and supersedes any and all prior agreements between you and Chef Bobo relating to the Service.

22.7 Transfer. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

23. CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

24. CONTACT US

If you have any questions or comments relating to these Terms, please contact us at:

Chef Bobo Brands, Inc.
2901 W. Saner Ave.
Dallas, TX 75233
USA

info@chefbobo.com
1-800-977-8912