Terms of Service


Effective Date: December 4, 2015

These Terms of Service (the “Terms”) constitute a legally binding agreement between you and SideChef, Inc. (“SideChef”) governing your access and use of shop.sidechef.com (the “Site”) and the software, services and products made available through the Site (collectively the “Services”).

By clicking the “I Agree to the Terms of Service” button or (i) accessing or using any part of the Site or (ii) initiating any transaction on the Site, you agree to be bound by these Terms of Service.

Internet technology, and the applicable laws, rules and regulations change frequently. SideChef reserves the right to make changes to these Terms of Service at any time.

1. SideChef’s Service

In SideChef’s efforts to inspire everyone to lead better lives through cooking, SideChef offers exclusive products chosen by our team of passionate food enthusiasts to compliment the SideChef Mobile Application.

2. General Rules About Creating Accounts

Eligibility: To be eligible to create an account, you must be at least 18 years of age.

Account Creation: To establish an account through the online registration process, you must provide your name, a valid email address, and password and accept these Terms of Service.

Account Security: You are responsible for safeguarding your password and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. SideChef shall not be liable for any loss or damage arising from your failure to keep your password or account secure.

3. Product & Order Information

    Product Descriptions: SideChef does its best to describe offered products, including their colors, as accurately as possible; however, the appearance of those colors may vary as a result of the quality of your monitor and for other reasons. We cannot guarantee that your monitor's display of any color will be accurate.

    Product Availability: SideChef offers unique products chosen by our team of passionate food enthusiasts. Quantities of some products may be limited and stock cannot always be guaranteed. When an item is out of stock and cannot be replenished we will attempt to remove the item from the Site as soon as commercially reasonable and notify you of the unavailability of the item(s) and potential alternative products available for your consideration.

    Pricing: Products offered for sale on this website are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this website. If a product's correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

    Shipping & Sales Tax: All applicable shipping and sales tax charges are calculated at checkout.

    Purchases: All offers to purchase goods are accepted by SideChef only upon shipment of the goods ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or for any other reason. The risk of loss and title for all products purchased on this Site passes to you upon delivery of the product to a common carrier. You are solely responsible for filing any claims with common carriers for damaged and/or lost shipments and agree to hold us harmless for the same.

    Payment Authorization: When you place an order for certain products, you authorize the purchase and delivery of those products to you at the shipping address provided by you during the checkout process. You agree to provide the Site with all relevant payment information prior to placing an order and you expressly authorize us to process all charges through the payment method selected by you on the Site.

    Returns and Refunds: Returns and Refunds shall be made in accordance with our Refunds & Returns Policy.

    Product Disclaimer: SideChef does not create, manufacture, produce or label any of the products available for purchase on the Site and does not control the practices of third party suppliers of products offered for sale on the Site. SideChef shall not be liable for any illness, health problem or other damages that may result from your purchase or use of any products on the Site.

    4. License to Use the Services

      In accessing and using SideChef’s Services, SideChef hereby grants a limited, non-transferable, non-exclusive, revocable license (“License”) to access and use the Site and Services during the term of this Agreement.

      5. Termination by SideChef

        SideChef may temporarily suspend or terminate your account and the Services at any time, if SideChef:

        • Suspects a breach of these Terms of Service;
        • Is unable to verify or authenticate account information;
        • Believes that you are acting inconsistently with the letter or spirit of SideChef's policies, have engaged in improper or fraudulent activity in connection with the Site or that your actions may cause legal liability or financial loss to SideChef;
        • Is unable to process any payments for purchases made on the Site; or
        • Believes you are infringing the rights of third parties.

        Effect of Termination: If your account is suspended or terminated for any reason, you shall remain liable for all charges incurred through the date of termination.

        Survival: The following Sections survive termination of these Terms of Service: Idea Submissions License, Individual Arbitration, Consumer Responsibility, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.

        6. Prohibited Conduct

          In your use of the Site, you may not: 

          • Post false, inaccurate, misleading, defamatory or harassing content;
          • Violate any law, statute, ordinance or regulation;
          • Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
          • Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
          • Post obscene or sexually explicit content;
          • Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Site or its users;
          • Modify, adapt or hack the Site or modify another Site so as to falsely imply that it is associated with SideChef;
          • Distribute or post spam, unsolicited or bulk electronic communications to Site users;
          • Use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever;
          • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site’s infrastructure;
          • Interfere or attempt to interfere with the proper working of the Site, its services or tools; or
          • Bypass the Site’s robot exclusion headers or other measures SideChef may use to prevent or restrict access to SideChef.

          7. Privacy

            SideChef respects your privacy. SideChef will only use personal information in accordance with SideChef's Privacy Policy.

            8. Idea Submissions

              SideChef welcomes all suggestions to improve our Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to SideChef in accordance with the following:

              Non-Proprietary: SideChef considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary. SideChef shall not be liable for the disclosure, use or exploitation of such Material.

              License: You hereby grant and agree to grant SideChef, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

              9. Notice of Claimed Infringement

                If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to SideChef’s Designated Agent. 

                10. Customer Support

                  SideChef is available by email at contact@sidechef.com to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.

                  11. Individual Arbitration

                    EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with SideChef arising out of or relating to the Site, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16).

                    ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.

                    The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org.   When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: SideChef, Inc., 1514 17th #206 Street Santa Monica, CA, 90404.

                    Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: Los Angeles County, California.

                    ExceptionSmall Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.

                    12. SideChef's Intellectual Property

                      Copyright: The Site and its logos, design, text, graphics, images and other files, and the selection, arrangement and organization thereof, are owned by SideChef. You may not use such materials without permission. © 2014 SideChef, Inc. ALL RIGHTS RESERVED

                      Trademarks: SideChef and its logos are trademarks owned by SideChef. All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of SideChef.

                      Ownership and Use: Unless otherwise stated herein, nothing in these Terms of Service or your use of the Site gives you a right or license to use any of SideChef’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.

                      13. Consumer Responsibility

                        Products Purchased on the Site Are Not Guaranteed to Be Free from Potential Allergens. Certain foods or materials may cause allergic reactions in some people – it is your responsibility to (1) read all labels, (2) store, prepare and consume food products appropriately, and (3) utilize products in the manner in which they are intended.   SideChef shall not be liable under for any illness, health problem or other damages that may result from your use or consumption of any products purchased on the Site.

                        14. Disclaimers and Exclusions

                          DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIDECHEF, THE SITE, SERVICES AND ALL INFORMATION, CONTENT, OR MATERIALS OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIDECHEF DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.   EXCEPT WHERE PROHIBITED BY LAW, SIDECHEF EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE SITE, SERVICES, INFORMATION, CONTENT, OR MATERIALS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.

                          SIDECHEF DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. SIDECHEF DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIDECHEF MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION.

                          AGGREGATE LIABILITY: IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SIDECHEF, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS SITE, INFORMATION, CONTENT, MATERIALS, OR SERVICES, EXCEED $500.00.

                          LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIDECHEF WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, INFORMATION, CONTENT, SERVICES, OR MATERIALS, EVEN IF SIDECHEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

                          15. Release

                            If you have a dispute arising from, related to, or connected with your use of the Site, Services, information, content, or materials, you hereby release SideChef, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

                            16. Indemnification

                              To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless SideChef, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, or (ii) arising from, related to, or connected with your use of the Site or Services.

                              17. Severability

                                If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.

                                18. Modifications

                                  Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of SideChef or posted on this Site by SideChef.

                                  19. No Agency

                                    The parties to this Term of Service are independent contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

                                    20. Assignment

                                      You shall not assign any of the rights or obligations under this Term of Service without the prior written consent of SideChef. SideChef may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms without your consent.

                                      21. Successors and Assigns

                                        These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

                                        22. Governing Law

                                        These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of Los Angeles, with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.

                                        23. No Waiver

                                          The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.

                                          24. Interpretation

                                            Headings are for reference purposes only and do not limit the scope or extent of such section.

                                            25. Force Majeure

                                              SideChef will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.

                                              26. Notices

                                                All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: SideChef, Inc., 1514 17th #206 Street Santa Monica, CA, 90404 and/or contact@sidechef.com. All notices by SideChef will be sent to you by email or will be conspicuously posted on the Site.

                                                27. Complaints - California Residents

                                                  If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.

                                                  28. Entire Agreement

                                                    These Terms of Service comprise the entire agreement between you and SideChef and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.


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