Shef

TERMS OF SERVICE

Welcome to the website of Shef, Inc. (“Shef”, “we” or “us”) located at www.MyShef.com and/or a subdomain thereof (“Site”). Please read these Terms of Service (“Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of our Site and all services accessible via our Site. To make these Terms easier to read, the Site and our services are collectively called the “Services” or the “Platform". 

By using our Services, you agree to be bound by these Terms. These Terms constitute a legally binding agreement between you (the “Customer,” “Individual,” “user,” “you” or “your”) and Shef. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES AND EXIT IMMEDIATELY. 

Additional terms and conditions may apply to Your use of specific Services. By using the Services, you agree to such terms and conditions. This is a legal agreement between You and Shef that states the material terms and conditions that govern Your use of the Services. This Agreement, together with all updates, supplements, additional terms, and all of Shef’s rules and policies collectively constitute this agreement between You and Shef (“Terms” or “Agreement”).

THESE TERMS CONTAIN A MANDATORY AND BINDING CUSTOMER ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON A CUSTOMER BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

WHO CAN USE THE SERVICES? 

The Services are offered to Customers and available only if you are 18 years of age of older and have the legal capacity to enter into a binding legal contract. All Customers must set up an account profile to facilitate order delivery and payment. We reserve the right, in its sole discretion to terminate access to the Services to any Customer in our sole discretion.

CHANGES TO THE TERMS OF SERVICE 

We may revise and update these Terms from time to time in our sole discretion. When we make a revision, we will let you know by posting the revised Terms on the website, or through other communications. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any material changes to these Terms or changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. We further reserve the right to discontinue all or any part of the Services at any time and without notice in our sole discretion. 

ORDER, SHIPPING AND REFUND

All Customer orders will be processed in accordance with Subscription terms published on the Platform at the time Customer places their order. The risk of loss and title for such items pass to you upon completion of delivery to you.

In the event that you are unhappy with any part of your order, or a specific item in your order, you can reach out to us at support@ordershef.com within seven (7) days of the date you received the item. If related to the condition of a meal, we may, in our sole discretion, give you either a credit or a refund for the individual meal at issue. We reserve the right, however, to require either the return of the unsatisfactory meal or a photograph of such, before any partial/full refund or credit will be issued. 

 

Other Refund Requests. Cancellation of an order after the order cutoff is not eligible for a refund. Where possible, we may credit your money to your account which can be applied to your future purchases. However, we reserve the right, in our sole discretion, to provide such credits on a case by case basis. 

PRODUCT AND PRICING DISCLAIMER

Shef has made every effort to display the prepared meals, products, colors, and other attributes you see on the platform as accurately as possible. However, the final prepared meals and products delivered may vary from the images viewed on the Platform due to a number of factors that are not within our control, including, without limitation, system capabilities and constraints of your computer, manufacturing process issues, and the availability and variability of product and raw materials. Although we will exercise commercially reasonable efforts to help ensure that the prepared meals and products conform to your expectations, variations sometimes occur.

All prepared meal and product pricing, specifications, and offerings are subject to change without notice. The Platform may contain information on prepared meals, services, and products that are not available in every location. A reference to a prepared meal, service, or product on the Platform does not imply that it is or will be available in your location.

FOOD SAFETY – CUSTOMER RESPONSIBILITY 

Proper Handling Of Food Is Essential To Ensure That Food Is Safe To Eat. It is Customer’s responsibility to ensure that the food delivered to them is safe to eat, by (1) using a thermometer to verify that the internal temperature of any meat, poultry or seafood is 40° F or below, and (2) refrigerating all perishable foods as soon as possible at a temperature of 40° F or below. Customers may refer to the Food Safety Guidelines and other Instructions on Food Safety and Refrigeration published by the U.S. Department of Agriculture (“USDA”) for more information on best practices or other questions on food safety. Shef may occasionally provide instructions to Customer regarding how best to reheat food; however, these are merely suggestions and Shef claims no responsibility over Customer’s handling of the food. Please refer to the aforementioned guidelines to ensure safe handling. 

All questions or concerns regarding your order should be sent to support@ordershef.com.

ALLERGEN INFORMATION

Prepared meals and related items offered through the Platform are manufactured, prepared and packaged by home cooks. Shef is not responsible for the accuracy of the information and labeling of prepared meals delivered to Customer. Customers should be advised that prepared meals may be prepared in facilities using the same equipment that’s used to prepare other allergens and contaminants even if the allergen is marked as being absent from the food. Shef shall not be liable for any illness, health problem, or other damages that may result from your order or the consumption of any prepared meals and related items purchased through the Platform.

SUBSCRIPTION FEES AND TERM 

Shef offers its Customers a weekly subscription to our home-cooked meal service (“Subscription”). You can choose any combination of items offered in that week’s menu, subject to the number of items in your chosen Subscription plan. 

The term of the Subscription will commence on the date the Subscription is purchased and shall continue on a weekly basis (“Subscription Term”). The Subscription will automatically renew each week unless cancelled or paused by Customer. In addition, Shef enables its Customers to temporarily pause the Subscription delivery service and restart, at no charge, for the subsequent Subscription Term, at any time. 

Subscriptions are quoted in U.S. dollars. You expressly authorize us to charge the applicable Subscription fees for the weekly Subscription plan chosen by you, plus applicable taxes and delivery fees, and process such payment pursuant to the authorized payment method designated by you on the Platform. Customer shall be responsible for all fees for the entire Subscription Term. Fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are nonrefundable.

We reserve the right to adjust Subscription plan prices at any time in our sole and absolute discretion.

Subscriptions are for personal use only and you are strictly prohibited from reselling any prepared meals and related items purchased through the Platform at any time.

PAYMENT AUTHORIZATION – RECURRING SUBSCRIPTION CHARGES

THE SUBSCRIPTION CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES IN ACCORDANCE WITH THE SUBSCRIPTION PLAN SELECTED BY YOU ON THE PLATFORM. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.

PERIODIC CHARGES CONSISTENT WITH YOUR PURCHASED SUBSCRIPTION SHALL BE CHARGED WITHOUT FURTHER NOTICE OR ADDITIONAL AUTHORIZATION FROM YOU, UNTIL YOU CANCEL OR PAUSE YOUR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. 

TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR ACCOUNT AND FOLLOW THE CANELLATION STEPS OR EMAIL SHEF AT SUPPORT@ORDERSHEF.COM. THESE CHANGES WILL BE IN EFFECT ONLY IF YOU COMPLETE CANCELLATION BY THE CUT-OFF TIME DEFINED IN YOUR SUBSCRIPTION PLAN.

BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL CANCELLED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THE SUBSCRIPTION SELECTED BY YOU ON THE PLATFORM.

FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU CAN LOG ON TO YOUR ACCOUNT TO CANCEL YOUR SUBSCRIPTION OR EMAIL SHEF AT SUPPORT@ORDERSHEF.COM

SUBSCRIPTION FEES WILL BE CHARGED AT THE BEGINNING OF YOUR SUBSCRIPTION OR EXPIRATION OF YOUR FREE TRIAL PERIOD, IF ANY. TO AVOID BEING CHARGED AT THE END OF YOUR FREE TRIAL PERIOD,YOU MAY CANCEL PRIOR TO ITS EXPIRATION BY LOGGING ON TO YOUR ACCOUNT TO CANCEL OR BY CONTACTING US VIA EMAIL AT SUPPORT@ORDERSHEF.COM. YOU MUST COMPLETE THESE STEPS BY THE CUT-OFF TIME DEFINED IN YOUR SUBSCRIPTION PLAN.

IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. FEES WILL NOT BE PRORATED UPON CANCELLATION AND/OR TERMINATION AND ALL FEES PAID THROUGH THE DATE OF TERMINATION ARE NONREFUNDABLE.

ACCESSING THE SERVICES AND ACCOUNT SECURITY

To access the Services you will be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current and complete.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.

LICENSES

Shef grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services or the information solely for their intended purpose and not to modify all or any portion of the Services. This license does not include any right to authorize third party use of the Services or their contents; any collection and use of any information, descriptions, or any derivative use of the Services or their contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. The Services may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Shef’s express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Shef, its content providers or its affiliates without express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

INTELLECTUAL PROPERTY RIGHTS 

The Services, including our Platform and the Services’ entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Shef, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You have no ownership whatsoever with respect to the items set forth herein.

TRADEMARKS/NO ENDORSEMENT 

All trademarks, service marks and trade names of Shef or its licensors herein (including but not limited to: Shef name, the term “Shef “, the Services’ design and any logos, logo designs and slogans) (collectively “Marks”) are pending trademarks or registered trademarks of Shef or its affiliates, partners, vendors or licensors. You must not use such Marks without the prior written permission of Shef. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners. The use of Shef Marks on any other web site or network computer environment is not allowed. You shall not use Shef’s name or any language, pictures or symbols which could, in Shef’s judgment, imply Shef’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without our prior written consent.

ACCESS AND PROHIBITED USES

You may use our Platform and the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Platform and the Services:

INTELLECTUAL PROPERTY POLICY

Shef respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that certain parts of the content available through our Services constitute an infringement of your copyright, you should notify us promptly and in accordance with the procedures described below. We will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) when the following is sent to us at the address set forth below:

Such DMCA claim(s) should be sent to us via e-mail at legal@ordershef.com.

RELIANCE ON INFORMATION POSTED 

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Services, or by anyone who may be informed of any of its contents.

INFORMATION ABOUT YOU AND YOUR INTERACTION WITH THE SERVICES

All information We collect on the Services is subject Our Privacy Policy. By using the Services, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part without Our express written consent.

The Services may provide certain social media features that enable You to:

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, You must not:

The web site from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in Our discretion.

LINKS FROM THE SERVICES

If the Services contains links to other web sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those web sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party web sites linked to Our Services, You do so entirely at Your own risk and subject to the terms and conditions of use for such web sites.

DATA BACKUP

Shef will make commercially reasonable efforts to back up the Your data hosted by Shef as part of the Services. Shef, however, disclaims any and all responsibility for any loss of data, information or materials from the Services. You acknowledge that data conversion, processing and manipulation may involve human and/or machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage to You.

TEXT MESSAGING AND MOBILE PHONE CONSENT

Shef requests that its Customers provide a mobile phone number to enable Shef to communicate with Customer regarding its Order. You hereby consent to communications via email, text message, or for calls to the mobile phone number you provide on the Site. You acknowledge that You may be charged additional fees from Your wireless provider for these communications, including text message charges and data usage fees, and You acknowledge and agree that You are solely responsible for any such charges and fees.

You may opt-out of receiving promotional or marketing messages and calls from Shef at any time by replying to the text message with the word STOP or emailing Shef at support@ordershef.com.

DISCLAIMERS

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INFORMATION, CONTENT, PRODUCTS, PREPARED MEALS AND RELATED ITEMS SOLD THROUGH THE PLATFORM AND ALL SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER SHEF NOR ANY PERSON ASSOCIATED WITH SHEF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SHEF NOR ANYONE ASSOCIATED WITH SHEF REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, UPDATED, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEB SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS. SHEF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE FOREGOING DOES NOT AFFECT ANY IMPLIED WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR YOUR JURISDICTION SO THE THESE DISCLAIMERS AND EXCLUSIONS MAY THEREFORE NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

Shef does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Services, or your downloading of any information or materials from these Services. IN NO EVENT WILL SHEF, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OFFICERS OR DIRECTORS OR SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY ONE ELSE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, SERVICES, CONTENT, PRODUCTS, AND/OR THE PURCHASE AND/OR CONSUMPTION OF ANY PREPARED MEALS AND RELATED ITEMS PURCHASED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT SHEF SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE PLATFORM, SERVICES, PRODUCTS OR CONTENT RELATED THERETO, YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PREPARED MEALS OR RELATED ITEMS PURCHASED THROUGH THE PLATFORM, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND OF THE MONIES PAID FOR ANY PREPARED MEAL OR RELATED ITEMS PURCHASED ON THE PLATFORM. IN NO EVENT SHALL SHEF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATOR OF (A) FIVE HUNDRED DOLLARS (US $500.00) OR (B) THE MONIES PAID FOR THE PREPARED MEAL AND/OR RELATED ITEMS GIVING RISE TO YOUR CLAIM. 

ASSUMPTION OF RISK, INDEMNIFICATION AND RELEASE

YOU, THE CUSTOMER, AND (IF APPLICABLE) ON BEHALF OF YOUR GUESTS OR OTHER PERSONS, KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.

YOU, ON BEHALF OF YOURSELF, AND (IF APPLICABLE) YOUR GUESTS AND OTHER PERSONS, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY SHEF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) ACCESS TO OR USE OF THE SERVICES OR CONTENT OR YOUR USER CONTENT, INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY YOU (II) CONSUMPTION OF THE PREPARED MEALS OR RELATED ITEMS PURCHASED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE SERVICES, (III) VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN AND FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES, (IV) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS, (V) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION, (VIII) YOUR WILLFUL MISCONDUCT; OR (VI) ANY OTHER PARTY’S ACCESS AND USE OF THE SERVICE WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE.

California Civil Code Section 1542. THE RELEASES CONTAINED WITHIN THESE TERMS, INCLUDING IN THIS SECTION AND THE SECTION ENTITLED ‘DISPUTE RESOLUTION’, ARE INTENDED TO APPLY TO ALL CLAIMS NOT NOW KNOWN OR SUSPECTED TO EXIST WITH THE INTENT OF WAIVING THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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.” 

Termination

By Shef: We may suspend or terminate your account or your use of the Services at any time, for any reason or for no reason. You are personally liable for all Subscription Fees incurred through your account prior to termination. We may also block your access to our Services in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

By Customer: To cancel or otherwise modify your Subscription, you may either log-onto your account and follow the cancellation process or email Shef at support@ordershef.com. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE APPLICABLE CUT-OFF NOTICE PERIOD OR CUT-OFF TIME DEFINED IN YOUR PLAN. YOU WILL NOT BE CHARGED FOR ANY CANCELLATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR CANCELLATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU. 

Notwithstanding termination or cancellation, Customer will continue to receive marketing communications from Shef until Customer opts out of such marketing communication through the unsubscribe link in emails received.

GOVERNING LAW AND JURISDICTION

All matters relating to the Platform, Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

BINDING ARBITRATION AGREEMENT

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SHEF.

You and Shef agree that any dispute between You and Shef arising out of or relating to these Terms or the breach, violation, use, non-performance, enforcement, or validity of the Services (collectively “Disputes”) shall be settled by binding arbitration, except that each party reserves the right to seek injunctive or other equitable relief by a court of competent jurisdiction to prevent the actual or threatened infringement or violation of a party’s intellectual property rights. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which We retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

DISPUTE RESOLUTION PROCESS AND ARBITRATION 

For any Dispute with Shef, you agree to first contact us at legal@ordershef.com and attempt to resolve the dispute with Us informally, including by scheduling phone calls and meetings between You and Us. In the unlikely event that Shef has not been able to resolve a dispute it has with You after ninety (90) days, We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The arbitration will be conducted in Santa Clara County, California, unless You and Shef agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Shef from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Our data security, intellectual property rights or other proprietary rights.

All legal notices related to a claim for arbitration may be sent to legal@ordershef.com.

CLASS ACTION/JURY TRIAL WAIVER

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ CUSTOMER CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU, AND (IF APPLICABLE) ON BEHALF OF YOUR GUESTS AND YOUR OTHER PERSONS, AGREE THAT, BY ENTERING INTO THESE TERMS, YOU, AND (IF APPLICABLE) YOUR GUESTS AND YOUR OTHER PERSONS, AND TARO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

CHANGES TO DISPUTE RESOLUTION PROVISIONS

Notwithstanding the provisions of the “Changes to Terms of Service” section above, if Shef changes this “Dispute Resolution” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above by emailing us at legal@ordershef.com. By rejecting any change, you are agreeing that You will arbitrate any Dispute between You and Shef in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).

FORCE MAJEURE

Neither Shef nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power or telecommunications surge or failure, water, acts of God, war, revolution, terrorism, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, food preparation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

ENTIRE AGREEMENT

The Terms and Privacy Policy and constitute the sole and entire agreement between you and Shef with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

GENERAL AND WAIVER AND SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by Shef in Our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.  The following terms shall survive expiration or termination of these Terms:” “Payments,” “Termination”, “Data Backup”, “Limitation of Liability”, “Assumption of Risk and Indemnity and Release,” and “Governing Law and Arbitration.” 

YOUR COMMENTS AND CONCERNS

The Services are operated by Shef, Inc. If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our customer support department by email at support@ordershef.com.

All notices of copyright infringement claims should be sent to the copyright agent designated as discussed above and in the manner and by the means set forth herein. All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@ordershef.com.

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.

PLEASE NOTE THAT BY USING THE PLATFORM AND/OR THE SERVICES YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY WITH THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES AND EXIT IMMEDIATELY.

LAST UPDATED: MARCH 11, 2019