Terms and Conditions | chefentproduction

Welcome to www.ChefEntProduction.com. This website (“Site”) is owned and operated by Chef ENT Production LLC (“CHEF ENT PRODUCTION®”) in Tennessee, and its third-party licensees and its affiliates. By visiting or shopping at www.chefentproduction.com you accept these terms and conditions, so please read them carefully.

Of course, we reserve the right at our discretion to revise these Terms and Conditions from time to time. To that end, please check these Terms and Conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you have actually reviewed them. If you do not agree to abide by these Terms and Conditions, please do not enter or make any use of the Site.

PRIVACY

Subscription Benefits

This privacy statement covers the site at www.flavorgod.com. Because CHEF ENT, LLC (hereafter “CE”) wants to demonstrate its commitment to our users’ privacy, it is disclosing its information practices policy and invites public comment on this policy. The statement explains the following:

What personally identifiable information CE collects.
1. How CE uses the information.
2. That CE does not share user information except in limited circumstances.
3. What choices are available to users regarding collection, use and distribution of the information.
4. How users can correct any inaccuracies in the information.

What information do we collect?

We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on our site, as deemed appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.

What do we use your information for?

Log Files
Like most standard web sites, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. We use a tracking utility that collates data from log files to analyze user movement.

Communicate Special Offers and Updates

We send all new members a welcoming email to verify the desire to receive email from us. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice/opt Out section below.

Email Newsletter

If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our user’s privacy we provide a way for the user to opt out of these communications. Please see the Choice/opt Out section below.

Provide Service Announcements

On rare occasions, it is necessary to send out a strictly service related announcement. For instance, if our service is suspended for maintenance we might send users an e-mail. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Customer Service

We communicate with users on a regular basis to provide requested services and regarding issues relating to their account, we may reply via e-mail or phone.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

Our website incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer (“SSL”) for all financial transactions through the Site. We use SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to your personal information. Finally, we rely on third-party service providers for the physical security of some of our computer hardware. We believe that their security procedures are adequate. For example, when you visit the Site, you access servers that are kept in a secure physical environment, behind a locked cage and a hardware firewall.

While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

SHARING

Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our web site. Where possible, we will notify affected users before disclosing information in response to a subpoena.

Business Transitions

In the event CE goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.

Links

This web site contains links to other sites. Please be aware that we, CE, are not responsible for the privacy practices of any other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.

Security

This web site takes every precaution to protect our users’ information. When users submit sensitive information via the web site, their information is protected both online and off-line.

When our order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry — SSL. While on a secure page, such as our order form, the lock icon on the bottom of web browsers such as Google Chrome, Mozilla Firefox, Safari, and Microsoft Internet Explorer, among others, becomes locked, as opposed to un-locked, or open, when users are just ‘surfing’.

While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. All our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.

Choice/opt Out

Users who no longer wish to receive our newsletter or promotional communications may opt out of receiving these communications by sending email to: chefbeats@gmail.com

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Your Consent

By using our site, you consent to our privacy policy.

TAKE NOTICE that we will periodically make updates to this privacy policy so please visit it regularly to keep updated.

Contact Information

If users have any questions or suggestions regarding our privacy policy, please contact us at: chefentproduction.com

Return Policies
We strongly believe in our products and want every customer to be satisfied. This is the reason for the CHEF ENT Customer Service Guarantee. Due to inevitable fraudulent activity CHEF ENT will only accept returns of merchandise purchased directly from CHEF ENT and in accordance with the following:

1. Shipping costs are non-refundable.

2. eBook purchases are non-refundable.

3. Refunds may take at least one week to process.

4. Seasoning – Must be unopened and in the original packaging to be considered for a refund.

5. To be considered for a refund, CHEF ENT must receive the respective item within fourteen (14) days of the item’s purchase date. In all cases, refunds will be made ONLY to the credit card / Paypal used for the original purchase. It may take up to two (2) billing cycles for the refund credit to appear on your statement.

6. Returns that originate from outside the continental United States will not have return slips sent for the respective merchandise. Purchaser is responsible procuring shipment and for the merchandise arriving at CHEF ENT facilities.

The original packing slip is required for merchandise to be considered for reimbursement.

Please note that we do not have the ability to track your return nor are we responsible for the amount of time it takes for the item to be returned.

CHEF ENT IS NOT RESPONSIBLE FOR LOST OR STOLEN MERCHANDISE.

Please contact CHEF0724@icloud.com with any inquiries or issues regarding your order. We’d happy to connect with you, there, and find a solution.

DISCLAIMERS

You acknowledge and agree that: Chef ENT makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. Chef ENT hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non- infringement. In no event shall Chef ENT be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this web site, regardless of whether Chef ENT has been advised as to the possibility of such damages. Chef ENT is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this web site, Chef ENT will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its web site; such information should, therefore, be considered as suspect and is not endorsed by Chef ENT.

This Web site may contain forward-looking statements that reflect Chef ENT’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Chef ENT intends to update this site on a regular basis but assumes no obligation to update any of the content.

All content included on this Site, including, but not limited to, text, graphics, photographs, images, button icons, page headers, moving images, sound, illustrations and software (“Content”), is owned by Chef ENT and/or its third-party providers and is protected by United States and international copyright laws. Chef ENT Production, LLC. ALL RIGHTS RESERVED. You may not modify, remove, delete, augment, add to, publish, display, transmit, retransmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may download or make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content displayed on this Site without obtaining the prior written permission of Chef ENT.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site, the Content, or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of Chef ENT or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

Subscription Policy

Subscription Benefits

This site offers the opportunity to subscribe to several benefits depending on the subscription option, including, but not limited to, seasonings and the like. For example, customers have the option to choose a monthly subscription of a seasoning supply. We reserve the right to modify, enhance, terminate or otherwise change particular subscription benefits or benefit providers from time to time at our sole discretion.

Subscription Term and Renewal

If you sign up for the subscription option, you hereby agree to purchase at least two months of the CHEF ENT products you originally purchased. The subscription amount is billed on a monthly basis. There is an automatic renewal of the subscription, unless cancelled prior to seven (7) business days of a subscription cycle end date.

Subscription Information Storage

Only your name, address, e-mail address, phone number and subscription type is retained by CHEF ENT. The payment information is stored a third party service such as PayPal®. We do not provide any warranties whatsoever on what third-parties such as PayPal® do with respect to the retention and security of your personal and payment information.

Cancellation

You have the right to cancel your subscription, after at least two months of the subscription, such that subsequent payments are not made. Such a cancellation has to be made via PayPal® as they manage the subscription payments. Please refer to our Subscription Cancellation Policy for more information.

Use of Subscription

Your subscription is non-transferable. You agree that only you will have access to the subscription benefits. Benefits are not for resale. You are entirely responsible for maintaining the confidentiality of your subscriber user account information and password. You agree to promptly notify us if you become aware of any unauthorized use of your subscription number.

Payment

You agree to honor your payment obligations. You should be advised that we only accept payment via PayPal® at this time. Also, there may be fees and taxes that are added to our prices. We do not guarantee refunds.

If you purchase any of our subscription options, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription.

Further, note that:

1. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
2. You authorize us to store your name, address, subscription level purchased and e-mail address on file.
3. You must pay us for applicable fees and taxes unless you cancel the Subscription Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
4. Taxes are calculated based on the billing information that you provide us at the time of purchase.

Subscription Cancellation Policy

You have the right to cancel your subscription such that subsequent payments are not made. Such a cancellation has to be made via PayPal® as they manage the subscription payments.

In order to cancel your subscription, please follow the following steps:

1. Log in to your PayPal account
2. Click “Profile” towards the top of the page.
3. Click “My money”.
4. Click “Update” in the “My Pre-approved Payments” section.
5. Locate the subscription for Flavor God, hit cancel, and finalize any pending steps PayPal presents you with

TRADEMARKS

All trademarks, service marks and trade names of Chef ENT are trademarks or registered trademarks of Chef ENT or its affiliates and third-party licensors, including, but not limited to: Chef ENT. Nothing contained in or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks or other intellectual property rights displayed in or on the Site unless the prior written consent of Chef ENT has been obtained. Other than as expressly provided by these Terms and Conditions, your use of the trademarks or any other intellectual property rights or any Content in or on the Site in any way whatsoever is strictly prohibited. Chef ENT operates a worldwide program to enforce its intellectual property rights to the fullest extent of the law.

SITE ACCESS

You may not download (other than page caching) or modify the Site or any portion of it, without our express prior written consent. This includes: a prohibition on any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, browsers, spiders, avatars or intelligent agents or similar data gathering and extraction tools other than the search engine and search agents available from Chef ENT on this Site and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Safari, Microsoft Explorer). The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Chef ENT without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Chef ENT will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

USER SUBMISSION

A. Any photographs or other content submitted by you for consideration for publication on the Chef ENT’s Site, collectively referred to as “User Submissions,” shall be subject to the provisions of these Terms and Conditions. By using this Site and submitting User Submissions, you agree to these Terms and Conditions. You understand that whether or not any User Submissions are published, Chef ENT does not guarantee any confidentiality with respect to the User Submissions, Chef ENT does not promise or agree to publish any User Submissions, and Chef ENT will not return any User Submissions but is free, in its discretion, to destroy the User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of the posting or publishing of them. In connection with User Submissions, you affirm, represent, and warrant that you own and have the right to assign and transfer to Chef ENT, without permission or consent of any third party, all right and interest in the User Submissions and in the intellectual property, and any other proprietary right, contained therein without limitation.
C. By tendering the User Submissions to Chef ENT, you warrant, represent and agree that all intellectual property rights contained in the User Submissions, including all copyright, trademark, trade secret, and any other proprietary rights are thereby assigned and transferred to Chef ENT without any further documentation and that Chef ENT shall thereafter be the sole and exclusive owner of the User Submissions and of all intellectual property rights and proprietary rights contained there without exception or limitation. By tendering the User Submissions, you warrant, represent and agree that Chef ENT shall have the sole and exclusive right of use of any and all patent, trademark, trade secret, copyright or other proprietary rights in and to the User Submissions without limitation.
D. In connection with User Submissions, you warrant, represent and agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights. Further, you warrant, represent and agree that all User Submissions will comply with Chef ENT’s privacy policy as established from time to time.
E. You warrant, represent and agree that, in connection with User Submissions, you will not submit material that is contrary to the Chef ENT guidelines that may exist from time to time, or contrary to applicable local, national, and international laws and regulations. Further, as to any User Submissions invited by Chef ENT to be submitted for consideration of publishing on its Site, you warrant, represent and agree that no law was violated and no right of any person was harmed in obtaining, procuring, creating or developing the material included within the User Submissions, it being clearly understood that Chef ENT does not authorize, approve or encourage any violation of the law or harm to any person’s legal rights with respect to the User Submissions.
F. You warrant, represent and agree that Chef ENT has the sole right to elect to publish or not to publish the User Submissions, and if published it has the right to terminate publication in its sole discretion without liability to you or to any third party.
G. You warrant, represent and agree that your User Submissions:
1. Shall not misrepresent any person or product; shall not falsely impersonate any person or product; shall not contain any false, misleading or deceptive trademarks, devices or symbols that could tend to confuse or could likely confuse any person as to the source, sponsorship, affiliation, membership, quality, characteristics, or features of the person or product represented in the User Submissions;
2. Shall not depict a minor person under the age of 18 years without consent of the parent or guardian of the minor person; 3. Shall not depict any person or product in a false light, or in a disparaging or tarnishing manner;
3. Shall not be copied by you or anyone else under your instruction or control; shall not be submitted for publication to any other person, publisher, website or source; and
4. Shall not have been published previously on any website or other medium prior to submission to Chef ENT shall not be liable to you or to any third party for any royalty, payment, use fee or any other consideration for or pertaining to the publishing, copying, distribution or any other use of the User Submissions without limitation. You acknowledge and agree that your submission of the User Submissions to Chef ENT for publishing consideration shall, together with your use of the Site, represent and constitute the sole and exclusive consideration for your obligations under these Terms and Conditions.

DIGITAL MILLENIUM COPYRIGHT ACT

Written DMCA Notice. If you are a copyright owner, or an agent of a copyright owner, and believe that a User Submission or other content displayed on this Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Chef ENT’ Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; ,
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Chef ENT’s designated Copyright Agent to receive notifications of claimed infringement is: [name] [address] [phone numbers]. Only DMCA notices should go to the Copyright Agent. If you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. B. Written DMCA Counter- Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to have your User Submission posted and used on this Site, then you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Chef ENT ® Copyright Agent, then Chef ENT ® may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Chef ENT’s sole discretion.

PRODUCT AVAILABILITY

Most Chef ENT products displayed at the Site are available in stores in the United States. In some cases, merchandise displayed for sale at the Site may not be available in stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Chef ENT reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

RISK OF LOSS

All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

LINKS

We are not responsible for the content of any sites that may be linked to or from www.ChefEntProduction.com. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from Chef ENT, and Chef ENT has no control over the content of that other website. In addition, a link to any other website does not imply that Chef ENT endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Chef ENT of that third party or of any product or service provided by a third party.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Chef ENT or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Chef ENT logo or other proprietary graphic or trademark as part of the link without our prior express written permission.

DISCLAIMERS OF WARRANTY

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER Chef ENT, NOR ITS CONTENT PROVIDERS, AFFILIATES, SUBSIDIARIES, OR DESIGNEES, NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS MERCHANTS, SPONSORS, LICENSEES OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, RELIABLE, CURRENT OR ERROR-FREE. NEITHER Chef ENT, NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. Chef ENT ® AND ITS ASSOCIATES SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Chef ENT ® SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.

LIMITATONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Chef ENT ® OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, LOSS OF DATA OR PROFITS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF Chef ENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Chef ENT ® RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Chef ENT ® HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, THE LIABILITY OF Chef ENT ® AND ITS ASSOCIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Chef ENT SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF A PRODUCT OFFERED BY Chef ENT IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

Prices, descriptions and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted whether or not the order has been confirmed and your credit card charged).

ONLINE CONDUCT

You agree to use this Site only for lawful purposes. You are prohibited from posting on or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), Chef ENT may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Chef ENT; or (iii) to protect the rights or property of Chef ENT, its Associates and you. Chef ENT reserves the right to prohibit conduct, communication, or Content that Chef ENT deems in its sole discretion to be unlawful or harmful to you, Chef ENT, any rights of Chef ENT, or any third party. Notwithstanding the foregoing, neither Chef ENT nor its Associates can ensure prompt removal of questionable content after online posting. Accordingly, neither Chef ENT, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.

TERMINATION OF USAGE

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, Chef ENT or its Associates.

USAGE BY INDIVIDUALS UNDER THE AGE OF 18

We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. If you are under 18, you may use this Site only with involvement of a parent or guardian.

We require that all purchases be made by adult individuals 18 years of age or older, or (ii) give verifiable permission for such minors to purchase items on the Site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT ON THIS SITE, YOU ARE REPRESENTING TO Chef ENT THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY

IDEMNIFICATION

You agree to defend, indemnify and hold harmless Chef ENT, including its officers, members, subsidiaries, parents, affiliates, successors, assigns, agents, suppliers, licensees, distributors, managers, and employees, from and against any and all claims, damages (actual and statutory), judgments, penalties, fines, costs and expenses, including attorneys’ fees, arising from or related to (a) your use of the Site, (b) your tender of User Submissions, and (c) your warranties, representations or agreements contained in these Terms and Conditions

US SALES ONLY

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Chef ENT products and services available in the United States and select foreign markets. This Site is controlled and operated by Chef ENT from its offices in Tennessee.

APPLICABLE LAW

By visiting the Site, you agree that the laws of the Tennessee, U.S. without regard to principles of conflict of laws and not the 1980 U.N. Convention on contracts for the international sale of goods, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Chef ENT and its Associates.

DISPUTES

Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to mandatory, confidential arbitration. This clause shall be interpreted broadly in favor of arbitration, and any issues of arbitrability shall be governed by the United States Arbitration Act.

Arbitration shall be conducted in Tennessee except that, to the extent you have in any manner violated or threatened to violate Chef ENT ®’s intellectual property rights, Chef ENT may seek injunctive or other appropriate relief in any state or federal court located in Tennessee, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the commercial arbitration rules then prevailing of the American Arbitration Association by a single arbitrator appointed by the AAA. 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. Should either party file an action contrary to this provision, the other party may be awarded its reasonable attorneys fees and costs.

Chef ENT’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.

SITES POLICIES, MODIFICATION AND SEVERABILITY Please review our other policies, such as our Privacy Policy, posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed sever able and shall not affect the validity and enforceability of any remaining condition.

MISCELLANEOUS

Your obligations under these Terms and Conditions shall survive termination, and shall be binding on your heirs, administrators, successors and assigns.