Terms of Use

A The Gather Company chef will collaborate with you, the client, on a custom-curated menu proposal based on the information provided in your client profile. Please request proposals and confirm the menu with your chef on an agreed upon date(s). Clients are charged for 1 hour of menu planning and correspondence. The client will be charged for additional time needed for correspondence at the chef's regular hourly rate. For quality control purposes, we ask that the client/chef correspondence be in writing via email.

Please provide two weeks of written advanced notice if you need to cancel a cook-date. We realize that not everything always goes to plan, therefore The Gather Company allows for two "free passes" quarterly for weekly clients, and one "free pass' every six weeks for bi-weekly clients. If you fail to give proper notice to your chef, a $300 cancellation fee will be automatically charged on the expected cancelled cook-date.

Your chef will shop for and transport the groceries for the agreed upon meals. Clients are charged for 1 hour at the chef's regular rate for shopping and travel fees. The Gather Company uses fresh high quality ingredients, and strives to source as much local, seasonal and organic product as possible. Because of our high standards to procure the highest quality product available, all of the agreed upon menu items are subject to change slightly due to ingredient availability, quality, or other unforeseeable factors from the initial menu.

Your chef will promptly arrive to your home at the agreed-upon time on the agreed-upon dates. Your meals will be packaged, labeled and supplied with complete heating and serving instructions for your convenience. The Gather Company chefs take great pride in their work and promise to respect you, your home and your equipment. Your chef will leave his or her work space as clean as they found it, remove their personal equipment, and put away all left over groceries.

Please make sure your kitchen area is clean and ready for your chef on their scheduled cook-date(s) and that your meal containers are ready for use. If chefs arrive to an unsuitable work space, they will document the area with a photo(s), and a cleaning fee will automatically be charged to your credit card. Additionally, depending on the severity of the situation, you may also be billed over-time (1.5x the chef's hourly rate) for the time spent to create a suitable work space for the chef.

Chefs will need access to the cooking area for an estimated 3-5 hours. Please make your home accessible to your chef on on the scheduled cook-date. If for some reason, your chef cannot access your home (locks were changed, tricky pets, etc..) you will be charged a cancellation fee and will be expected to reimburse for the cost of your groceries. The client will be charged the chef's regular hourly rate for all in-person meetings aside from the initial orientation and/or walk through.  Clients, children, pets and other distractions should be out of the kitchen area on all scheduled cook-dates. We respectfully request that the client allow the chef to perform their professional services without interruption.

The Gather Company holds client credit card information at the time of sign-up to cover grocery deposits, cancellation fees, and/or additional charges described in this agreement.

You may choose to use this as your regular form of payment.  If you choose to do this, expect this form of payment to be charged the day after services are rendered along with a credit card processing fee. You will be sent a formal invoice for services via email. A deposit of $300 per cook-date to reserve the date and cover the cost of groceries will be charged to the card on file within 72 hours of the scheduled cook-date. Upon receiving the invoice for services rendered by The Gather Company, the client will be reimbursed  the unused portion of the deposit, or billed for the balance.

By clicking the "I agree" button below you are acknowledging that you have read the Client Service Agreement in its' entirety, and that you agree with the terms written in this form.  


Terms of Use

1) Introduction

The following agreement describes the terms on which Out of the Box Collective, Inc (“OTB”) offers you access to and use of our Chef Services. By using Chef Services provided by OTB as defined in “Description of Services” below, you confirm acceptance of and adherence to this Terms of Use agreement (“TOU”) in its entirety. The TOU, which constitutes a legally binding agreement between you and OTB, is effective upon your acceptance of the agreement and for the entire duration of your use of OTB chef services.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of OTB chef services, in which case any continuing access or use of OTB chef services is unauthorized.

The TOU grants you a limited, revocable, non-exclusive license to use our chef services for personal use. You may not use the chef services beyond the scope of access granted to users by the TOU.

2) Description of Services

OTB provides chef services through outoftheboxcollective.com and its related pages (together the “Site”). Through the Site, OTB provides a platform whereby website visitors (“Users”) may schedule meal preparation completed by independent chefs (“Chefs”) of OTB’s choosing.  The Users will pay OTB for the chef services.Together, this set of opportunities allowing a User to dictate and schedule meal preparation is known as the “Chef Services” provided by OTB.

3) Use of Services

Users understand that the Services provided by OTB are limited to those detailed in the “Description of Services” above.

Chef Services

Users understand that Chefs are independent contractors of OTB. OTB has no responsibility for or control over Chefs’ conduct, quality of service, adherence to laws and regulations or any and all other forms of output, consequences of output or responsibilities borne by the Chefs. Under no circumstances is OTB liable in any manner for any loss or damage of any kind (personal, property, financial, or otherwise) incurred.

Reservation Process

Users understand that the process to reserve a Chef is performed as follows. First, a User purchases meal preparation for a particular week, and a food box, or other ingredients using the Site’s functionality. The meal preparation, also known as the service fee, is paid online, at the time of the weekly order deadline on Tuesday at 12 noon.  OTB will provide ingredients for the Event, which will also be charged for at the same time.

Payment Process

Users understand that the process to pay is performed as follows. OTB collects Users’ service fee and food payments at the time of the weekly ordering deadline, through their website, using a third-party online payment processing system.  Users agree that under no circumstances is OTB liable in any manner for any loss or damage of any kind incurred as a result of Users’ use of the third-party online payment processing system.

Payment and Cancellation Policy

Users understand that OTB requires full service payment from Users.  If the Event is cancelled by the User after the order deadline, 50% of the food and service cost will be credited.  

 

4) Modification

OTB reserves the right, at its sole discretion, to modify the Site or Services or to modify these TOU, at any time and without prior notice. If we modify these TOU, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these TOU. By continuing to access or use the Site or Chef Services after we have posted a modification of the TOU on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOU. If the modified TOU are not acceptable to you, your only recourse is to cease using the Site and Chef Services.

5) Moderation

Users agree that OTB has the right, but not the obligation, to terminate a User’s access to the Site and Chef Services by deleting a User’s account or blocking an e-mail or IP address immediately and without notice, for any reason deemed by OTB to be inconsistent with the TOU. Users agree that Users will not hold OTB liable for any such termination by OTB.

Users understand that any such measures, actions or inactions taken by OTB and any of its members or officers that fall under the “Moderation” section are undertaken voluntarily and in good faith.

6) Eligibility

The Chef Services are intended solely for persons who are 18 or older. Any access to or use of the Chef Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.

7) User Conduct

In connection with your use of the Site and Services, you may not and you agree that you will not:

  • use the Site or Services to find a Chef for transactions, either now or in the future, that will not utilize the Site for payment processing and/or that are meant to circumvent the obligation to pay any fees related to OTB’s provision of the Services;

  • once an event is complete, contact the Chef you engaged with regarding future Chef Services (you must use the Site to connect with the Chef and use the Site’s payment system if you are to engage with this Chef again. Contacting this Chef for subsequent Chef Services without the use of the Site is an explicit violation of this agreement);

  • contact a Chef for any purpose other than asking a question related to an Event;

  • “stalk”, harass or harm any Chef or collect or store any personally identifiable information

  • copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by these TOU;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • access non-public areas of the Site;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, either as an individual or in conjunction with a third party;

OTB will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

8) Proprietary Rights

The Site, including all of its content created by OTB, and Chef Services are protected by copyright, trademark and other laws of the United States. Users acknowledge and agree that the Site and Services are the exclusive property of OTB. Users agree to not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Site or Services. When used on the Site or for other commercial purposes, the phrase or logo “Out of the Box Collective” is a trademark of Out of the Box Collective, Inc.

9) Fees

Signing up as a User is free. When an Event is reserved with a Chef and in consideration for providing the Services surrounding such an Event, OTB collects a Chef Service fee from Users that is processed on the Site, as well as the ingredients, also charged for on the Site.  Regardless of the User’s level of satisfaction with Chef Services provided, OTB will retain its fee in consideration of the provision of the Site and Services.

10) Disclaimers

YOUR ACCESS TO, USE OF AND RELIANCE ON OTB IS ENTIRELY AT YOUR OWN RISK. USERS AGREE THAT USERS WILL INDEPENDENTLY PERFORM ANY INVESTIGATION USERS BELIEVE ARE NECESSARY BEFORE ENGAGING IN ANY COMMUNICATION OR TRANSACTION. USERS ACKNOWLEDGE AND AGREE THAT OTB DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY CHEF, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.

OTB (INCLUDING, BUT NOT LIMITED TO, THE SITE, SERVICES, AND CONTENT ACCESSED THROUGH THE SITE AND SERVICES) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, OTB ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES, AND CHEF SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE SITE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SITE.

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Users also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply to Users.

11) Limitations of Liability

OTB AND EACH OF ITS MEMBERS AND OFFICERS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE, SERVICES OR CONTENT ACCESSED THROUGH OTB BY YOU OR ANYONE ELSE, OR FOR ANY COMMUNICATIONS, INTERACTIONS, TRANSACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND OTHER PERSONS ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT ACCESSED THROUGH SALTED CHEF, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF OTB OR ANY OF ITS MEMBERS OR OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH SALTED CHEF; ANY INABILITY TO ACCESS OR USE THE SITE, SERVICES OR CONTENT ACCESSED THROUGH OTB; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH SALTED CHEF.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH OTB (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SITE AND LINKS IN CONTENT ACCESSED THROUGH THE SITE).

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

12) Indemnity

You will indemnify and hold OTB and its members and officers harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this TOU agreement, your improper use of the Site and Services, and/or your violation of any law or the rights of a third party.

13) General

This TOU constitutes the entire and exclusive understanding and agreement between OTB and you regarding the Site and Services, and this TOU supersedes and replaces any and all prior oral or written understandings or agreements between OTB and you regarding the use of the Site and Services. This TOU will be interpreted in accordance with the laws of the State of California and the United States of America.

Unless stated otherwise in this TOU, if any of the provisions in this TOU shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of OTB to enforce any right or provision of this TOU will not constitute a waiver of future enforcement of that right or provision.


1) Introduction

The following agreement describes the terms on which Out of the Box Collective, Inc (“OTB”) offers you access to and use of our Chef Services. By using Chef Services provided by OTB as defined in “Description of Services” below, you confirm acceptance of and adherence to this Terms of Use agreement (“TOU”) in its entirety. The TOU, which constitutes a legally binding agreement between you and OTB, is effective upon your acceptance of the agreement and for the entire duration of your use of OTB chef services.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of OTB chef services, in which case any continuing access or use of OTB chef services is unauthorized.

The TOU grants you a limited, revocable, non-exclusive license to use our chef services for personal use. You may not use the chef services beyond the scope of access granted to users by the TOU.

2) Description of Services

OTB provides chef services through outoftheboxcollective.com and its related pages (together the “Site”). Through the Site, OTB provides a platform whereby website visitors (“Users”) may schedule meal preparation completed by independent chefs (“Chefs”) of OTB’s choosing.  The Users will pay OTB for the chef services.Together, this set of opportunities allowing a User to dictate and schedule meal preparation is known as the “Chef Services” provided by OTB.

3) Use of Services

Users understand that the Services provided by OTB are limited to those detailed in the “Description of Services” above.

Chef Services

Users understand that Chefs are independent contractors of OTB. OTB has no responsibility for or control over Chefs’ conduct, quality of service, adherence to laws and regulations or any and all other forms of output, consequences of output or responsibilities borne by the Chefs. Under no circumstances is OTB liable in any manner for any loss or damage of any kind (personal, property, financial, or otherwise) incurred.

Reservation Process

Users understand that the process to reserve a Chef is performed as follows. First, a User purchases meal preparation for a particular week, and a food box, or other ingredients using the Site’s functionality. The meal preparation, also known as the service fee, is paid online, at the time of the weekly order deadline on Tuesday at 12 noon.  OTB will provide ingredients for the Event, which will also be charged for at the same time.

Payment Process

Users understand that the process to pay is performed as follows. OTB collects Users’ service fee and food payments at the time of the weekly ordering deadline, through their website, using a third-party online payment processing system.  Users agree that under no circumstances is OTB liable in any manner for any loss or damage of any kind incurred as a result of Users’ use of the third-party online payment processing system.

Payment and Cancellation Policy

Users understand that OTB requires full service payment from Users.  If the Event is cancelled by the User after the order deadline, 50% of the food and service cost will be credited.  

 

4) Modification

OTB reserves the right, at its sole discretion, to modify the Site or Services or to modify these TOU, at any time and without prior notice. If we modify these TOU, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these TOU. By continuing to access or use the Site or Chef Services after we have posted a modification of the TOU on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOU. If the modified TOU are not acceptable to you, your only recourse is to cease using the Site and Chef Services.

5) Moderation

Users agree that OTB has the right, but not the obligation, to terminate a User’s access to the Site and Chef Services by deleting a User’s account or blocking an e-mail or IP address immediately and without notice, for any reason deemed by OTB to be inconsistent with the TOU. Users agree that Users will not hold OTB liable for any such termination by OTB.

Users understand that any such measures, actions or inactions taken by OTB and any of its members or officers that fall under the “Moderation” section are undertaken voluntarily and in good faith.

6) Eligibility

The Chef Services are intended solely for persons who are 18 or older. Any access to or use of the Chef Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.

7) User Conduct

In connection with your use of the Site and Services, you may not and you agree that you will not:

  • use the Site or Services to find a Chef for transactions, either now or in the future, that will not utilize the Site for payment processing and/or that are meant to circumvent the obligation to pay any fees related to OTB’s provision of the Services;

  • once an event is complete, contact the Chef you engaged with regarding future Chef Services (you must use the Site to connect with the Chef and use the Site’s payment system if you are to engage with this Chef again. Contacting this Chef for subsequent Chef Services without the use of the Site is an explicit violation of this agreement);

  • contact a Chef for any purpose other than asking a question related to an Event;

  • “stalk”, harass or harm any Chef or collect or store any personally identifiable information

  • copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by these TOU;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • access non-public areas of the Site;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, either as an individual or in conjunction with a third party;

OTB will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

8) Proprietary Rights

The Site, including all of its content created by OTB, and Chef Services are protected by copyright, trademark and other laws of the United States. Users acknowledge and agree that the Site and Services are the exclusive property of OTB. Users agree to not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Site or Services. When used on the Site or for other commercial purposes, the phrase or logo “Out of the Box Collective” is a trademark of Out of the Box Collective, Inc.

9) Fees

Signing up as a User is free. When an Event is reserved with a Chef and in consideration for providing the Services surrounding such an Event, OTB collects a Chef Service fee from Users that is processed on the Site, as well as the ingredients, also charged for on the Site.  Regardless of the User’s level of satisfaction with Chef Services provided, OTB will retain its fee in consideration of the provision of the Site and Services.

10) Disclaimers

YOUR ACCESS TO, USE OF AND RELIANCE ON OTB IS ENTIRELY AT YOUR OWN RISK. USERS AGREE THAT USERS WILL INDEPENDENTLY PERFORM ANY INVESTIGATION USERS BELIEVE ARE NECESSARY BEFORE ENGAGING IN ANY COMMUNICATION OR TRANSACTION. USERS ACKNOWLEDGE AND AGREE THAT OTB DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY CHEF, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.

OTB (INCLUDING, BUT NOT LIMITED TO, THE SITE, SERVICES, AND CONTENT ACCESSED THROUGH THE SITE AND SERVICES) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, OTB ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES, AND CHEF SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE SITE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SITE.

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Users also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply to Users.

11) Limitations of Liability

OTB AND EACH OF ITS MEMBERS AND OFFICERS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE, SERVICES OR CONTENT ACCESSED THROUGH OTB BY YOU OR ANYONE ELSE, OR FOR ANY COMMUNICATIONS, INTERACTIONS, TRANSACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND OTHER PERSONS ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT ACCESSED THROUGH SALTED CHEF, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF OTB OR ANY OF ITS MEMBERS OR OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH SALTED CHEF; ANY INABILITY TO ACCESS OR USE THE SITE, SERVICES OR CONTENT ACCESSED THROUGH OTB; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH SALTED CHEF.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH OTB (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SITE AND LINKS IN CONTENT ACCESSED THROUGH THE SITE).

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

12) Indemnity

You will indemnify and hold OTB and its members and officers harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this TOU agreement, your improper use of the Site and Services, and/or your violation of any law or the rights of a third party.

13) General

This TOU constitutes the entire and exclusive understanding and agreement between OTB and you regarding the Site and Services, and this TOU supersedes and replaces any and all prior oral or written understandings or agreements between OTB and you regarding the use of the Site and Services. This TOU will be interpreted in accordance with the laws of the State of California and the United States of America.

Unless stated otherwise in this TOU, if any of the provisions in this TOU shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of OTB to enforce any right or provision of this TOU will not constitute a waiver of future enforcement of that right or provision.


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