TERMS OF SERVICE

RJ Brands, LLC d/b/a Chefman® (“Chefman”,“us”, “we”, or “our”) is a U.S. company and subject to U.S. laws and its jurisdiction. The original version of these Terms of Service is written in English. To the extent that any translation of these Terms of Service that conflict with the English version, the English version controls.

ACCEPTING THE TERMS OF SERVICE

Please read these Terms of Service as well as our Privacy Policy (collectively the “Agreement”) carefully before using the Chefman® websites, including but not limited to www.chefman.com, www.chefiq.com, www.chefmansousvide.com, and www.clubchefman.com, ChefIQ™ application, the Chefman Sous Vide application, and other services (collectively, the “Services”) or content provided by us (a New Jersey Corporation). By clicking “I Agree” and/or using or accessing the Services, you agree to be bound by all of the terms and conditions contained in this Agreement. If, for any reason, you do not agree with the terms and conditions of this Agreement, you shouldn’t, and aren’t permitted to, use the Services. Our Services cannot be provided and the terms of this Agreement cannot be performed without us processing information about you and other users.

MODIFICATION TO TERMS OF SERVICE

We reserve the right to modify these Terms of Service by posting a revised version of the Terms and/or through the Services. We will provide notice of any change to these Terms, either through e-mail where practicable, or otherwise through the Services as a notification. Any modification of the Terms will become effective within 3 days of posting and notification of the modifications has been given. Your continued use of the Services following that time constitutes your acceptance of the terms and conditions of this Agreement as modified.

As we continue to grow and improve, we might have to make changes to our Terms of Service to keep up with the improvements. Whenever this happens, we will keep you updated.

USING THE SERVICES

You may not use the Services, provide any personal information to us, or submit any kind of personal information to us if you are below the age of eighteen (18) (including, but not limited to, name, address, telephone number, e-mail address, etc.) (“Minimum Age”). If you are below the age of eighteen (18), you may not form a legally binding contract with us and may not legally use the Services provided by us.

AGE

You must be the Minimum Age to use our Services. While cooking is a practical, interesting, and enjoyable activity, there are some potential dangers with extreme heat, sharp knives, and other cooking utensils. We encourage parents to supervise their children when teaching them with our products until the children are old and responsible enough to handle the equipment with proper care.

Our Services change frequently, and their form and functionality may change without prior notice to you. We retain the right to create limits on and related to the use of the Services in its sole discretion at any time or without notice. We may also impose limits on certain Services or aspects of those Services or restrict your access to part of or all of the Services without notice or liability. We may change, suspend, or discontinue any or all of the Services at any time. We do not tolerate any inappropriate or hateful language when using our services and hold the right to immediately terminate a user’s account for any violation of this.

AUTOMATED USE

Without any express prior written permission, you may not do any of the following while using the Services: (1) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Chefman and/or its service providers; (2) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach, harm, or circumvent any security or authentication measures; (3) scrape the Services, particularly any content from the Services; (4) use the Services to send altered, deceptive, false-source, or harmful information, including without limitation by forging TCP-IP packet headers or email headers; or (5) interfere with, or disrupt (or attempt to do so) the access of any user, host, or network, including but not limited to, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create undue burden on the Services.

REGISTRATION

As a condition of using certain Services and in order for us to provide them for you, you may be required to make an account. This account will require you to provide your age and an email address and select a password and username.

You agree to provide Chefman with accurate, complete, and updated registration information, particularly your email address. You are also responsible for maintaining the confidentiality of your account and password for the security of your account. You must notify Chefman immediately if you have a suspected loss, theft, or unauthorized use of your account or account password.

PRIVACY

For information about how Chefman collects, uses, and shares your information, please review our Privacy Policy. By using the Services you agree you have read the Privacy Policy, which describes our collection, use, and sharing of any information provided by the users.

CONTENT AND USER CONTENT

For purposes of this Agreement, all content is defined as the creative expression and includes, but is not limited to, the recipes, steps, information, data, texts, software, graphics, replies, comments, video, audio, logos, or any other potential features that are generated, provided, or otherwise made accessible on or through the Services.

Users retain any ownership and/or other applicable rights in their own content, as do any other third parties. You retain ownership you have over any intellectual property that is posted on any Chefman forums. Whenever you upload any content onto the Chefman Services, you’re giving us permission to make them available in all the ways you would expect us to, i.e. us promoting or sharing uploaded recipes. Any revenue, reimbursement, or royalties you obtain from these recipes are yours and yours alone.

While we will respect yours, you must respect the intellectual property rights of others when using the Services. You will also represent and warrant that you have all of the necessary rights to grant us this license for all content you transfer to us.

WARRANTY DISCLAIMER

Using our Services and content is at your risk and your risk alone. To the fullest extent permitted by the law, Chefman disclaims all warranties, express or implied, or merchantability, fitness for a particular purpose, or non-infringement. Chefman makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the Services will (a) never be interrupted or error-free, (b) meet your expectations or requirements, (c) be free from all errors or that all defects will be corrected, (d) be free of viruses and harmful components, or (e) be entirely secure or anything that you share will be entirely secure. No advice or information, written or oral, will create any warranty expressly made herein.

TIME LIMITATIONS ON CLAIMS AND RELEASES FROM LIABILITY

You agree that any claim or dispute that you may have arising out of or relating to this Agreement or your relationship with Chefman and its Services must be filed within one year after such a claim arose. Failure to do so will permanently bar your claim.

You further release, to the fullest extent permitted by law, Chefman and its employees, agents, consultants, directors, shareholders, and any other person or entity directly or indirectly controlling, is under common control with, or is directly or indirectly controlled by Chefman from responsibility, liability, claims, demands, and/or damages, both actual and consequential, of every kind and nature, known and unknown, arising out of or related to the following:

Disputes between users, including you and other users; the acts of third parties generally, including third party sites and services; disputes concerning any use of or action taken using your account by you or a third party; claims relating to the unauthorized access to any data communication relating to or content stored under or relating to your account, including but not limited to unauthorized interception, use, or alteration of such communications or your content (claims related to the security of your account credentials); claims regarding any face-to-face meetings in any way, shape, or form related to Chefman at any venues.

Depending on your jurisdiction, these or certain warranties or the exclusion/limitation of liability may not apply to you.

CHOICE OF LAW AND VENUE

You and other Chefman Service users agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services as described in this section. We strongly encourage users to contact us before you seek any resolution.

This Agreement shall be governed in all respects by the laws of the State of New Jersey as they apply to agreements entered into and shall be performed entirely within New Jersey between New Jersey residents, without regard to conflict of law provisions. You agree that any and all claims or disputes you may have against Chefman and its Services must be resolved and/or adjudicated exclusively by a state or federal court located in Bergen County, New Jersey, unless otherwise agreed upon by the parties. Agreeing to these terms of services subjects you to personal jurisdiction of all of the courts located within Bergen County, New Jersey for the purpose of resolving all claims or disputes.