You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is permitted under applicable law.
1. Using the Site
- 1.1. Internet Access – When using the Site on your mobile, laptop or desktop device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining continuous 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 Site, including, but not limited to screen display operation features of your Device.
2. License Grant and Restrictions
- 3.2. No Liability for Termination – You agree that Chef Bobo shall not have any liability whatsoever for any damage, loss or expenses of any kind that you may suffer as a result of any termination of your access to our use of the Site (including, without limitation, damage, loss or expenses), whether or not Chef Bobo is aware of any such damage, loss or expenses.
4. Communications with Chef Bobo
5. Intellectual Property
- 5.1. Trademarks – The Chef Bobo name and logo are trademarks and service marks of Chef Bobo and the Chef Bobo Brands, Crunch Rollers, Wowza, and Ava Organics. You do not have the right to use any of Chef Bobo’ trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
- 5.2. Ownership – You acknowledge and agree that Chef Bobo, or its licensors, owns all right, title and interest in and to the Site, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site is protected by the U.S. and international copyright laws. Further, you acknowledge that the Site 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 Site 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 Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of the Chef Bobo Executive Management Team. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of the intellectual property.
- 5.3. Feedback – You agree that any submission of any ideas, suggestions, and/or proposals to Chef Bobo through its “Contact” page, or similar pages (“Feedback”) is at your own risk and that Chef Bobo has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Chef Bobo a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
6. Links to Third Party Sites
Chef Bobo may link to or be linked from other websites that are not maintained by, or related to, Chef Bobo. Chef Bobo does not endorse and is not responsible for, the content of any of those third-party websites. You acknowledge that Chef Bobo has not reviewed and does not endorse the content of all sites linked to from the Site and is not responsible for the content or actions of any other sites linked to from the Site. We do not promise that the contents of any linked website are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
7. Privacy Notice
Chef Bobo hereby grants to you, subject to these Terms, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site (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 mobile or other devices that you own or control.
The Site is operated by Chef Bobo in the United States. If you choose to access or use the Site from a location outside of the United States, you do so on your own initiative, and you are responsible for compliance with applicable local laws.
10. User Age
11. Disclaimer of Warranties
- 11.1. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, MAY NOT BE FUNCTIONAL ON CERTAIN DEVICES AND/OR IN CERTAIN COMPUTING ENVIRONMENTS AND CHEF BOBO SHALL HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE WEBSITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE WEBSITE.
- 11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHEF BOBO EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
- 11.3. CHEF BOBO MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS OR RELIABILITY OF ANY INFORMATION MADE AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE WEBSITE.
- 11.4. CHEF BOBO DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE WEBSITE WILL BE CORRECTED OR (e) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
12. Limitation of Liability
- 12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHEF BOBO AND ITS AFFILIATES, LICENSEES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF CHEF BOBO OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES; OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA GENERATED, COLLECTED, PROCESSED OR MAINTAINED BY OR THROUGH YOUR USE OF THE WEBSITE.
- 12.2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF CHEF BOBO OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Chef Bobo and the Related Parties shall be limited to the fullest extent permitted by law.
14. Governing Law; Jurisdiction
16. Contact Us
17. Changes to These Terms