Our Lawyer Asked Us to Let You Know …
Disclaimers, Indemnification and Limitation of Liability: The California Chef meal programs are provided by TMT Enterprises, LLC on an “as is” and “as available” basis. TMT Enterprises, LLC makes no warranties or representations of any kind, express or implied, as to the California Chef programs. You agree to defend, indemnify and hold harmless TMT Enterprises, LLC from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the California Chef programs. Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, will TMT Enterprises, LLC or any of its employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of the California Chef programs, even if an authorized representative of TMT Enterprises, LLC has been advised of or should have known of the possibility of such damages.
Limitation of Liability: Meal programs are provided on an “AS IS” basis. We do not warrant the accuracy, truth or validity of the information contained in the meal programs. You acknowledge and agree that, due to possible human or mechanical error as well as other factors, we shall not be responsible for mistakes or omissions in the information provided along with the meal programs or any supporting ingredient lists or meal guides. IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE] OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE MEAL PROGRAMS.
Severability: Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof, and the remainder of this Agreement shall continue in full force and effect.
Governing Law: This Agreement shall be construed and governed in accordance with the laws of the United States and the State of California. Disputes: Any dispute relating in any way to the use of our meal programs or to products you purchase from California Chef shall be submitted to confidential arbitration in Los Angeles, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, or as necessary to collect unpaid amounts payable, we may seek relief (including injunctive or other appropriate relief) in any state or federal court in California. You consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of Century City Mediation and Arbitration – ADR Services, Inc. (www.ADRServices.org). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
No Waiver: The failure of either party to enforce any rights granted hereunder or to take any action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Complete Agreement: This Agreement constitutes the entire understanding between you and TMT Enterprises, LLC with respect to the use of the meal programs and other services offered on this website, or otherwise through California Chef and its associated and affiliated offices, businesses, service providers, and it supersedes any prior or contemporaneous proposal, representation, or understanding between the parties, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of TMT Enterprises.