TERMS OF USE
Terms of Use
1. Agreement and Scope
These Terms of Use (“Terms”) are a binding agreement between you and Corazon de Limon, LLC, doing business as Chef Nourish (“Chef Nourish,” “Company,” “we,” “us,” or “our”). They govern your access to and use of www.chefnourish.com and any Company-controlled website, mobile experience, ordering portal, account, form, message, social-media feature, digital content or technology that links to these Terms (collectively, the “Site”), and your purchase, receipt or use of prepared meals, beverages, snacks, ingredients, meal plans, delivery, consultations of a culinary or general wellness nature, and related products and services (collectively, the “Services” and “Products”).
By clicking an acceptance box, creating an account, placing an order online or over the phone with a representative, enrolling in a recurring plan, or accessing or using the Site or Services after receiving reasonable notice of these Terms, you agree to them. If you do not agree, do not use the Site or Services. Additional written terms presented for a particular offer, promotion, corporate order or service are incorporated by reference; if they conflict, the more specific terms control for that subject.
You represent that you are at least 18 years old, have legal capacity to contract, are located in the United States when using the Services, and will use the Products only for lawful personal, household or authorized business purposes. If you act for another person or organization, you represent that you have authority to bind them.
2. Company Identity; No Personal Contract
Your contract is with Corazon de Limon, LLC dba Chef Nourish. Company founders, members, managers, officers, employees, contractors, chefs, nutrition personnel, spokespersons, spokespersons brands, delivery providers, licensors and vendors are not parties in their individual capacities merely because they perform services, appear in content, communicate with you or are identified with the brand. Nothing in this section limits liability that applicable law does not permit to be limited.
3. Accounts, Credentials and Authorized Users
You must provide accurate, complete and current information and promptly update your account, delivery instructions, dietary profile and payment method. You are responsible for safeguarding credentials and for activity performed through your account by you or anyone you authorize. Notify us promptly at chefnourish@gmail.com if you suspect unauthorized access. We may require identity, address or payment verification; restrict, suspend or close an account; refuse an order; or require another payment method when reasonably necessary to prevent fraud, protect safety, enforce these Terms or comply with law.
4. Orders; Availability; Substitutions
An order is an offer to purchase and is accepted only when we confirm it or begin preparation. We may reject or limit orders, correct errors, discontinue items, adjust menus, or substitute reasonably comparable ingredients because of seasonality, supply, safety, quality or operational needs. Photographs are illustrative; natural products vary. We will not knowingly substitute an ingredient identified in your active profile as an allergy without attempting to contact you, but you remain responsible for inspecting labels and the delivered Products before consumption.
Customized requests are preferences, not guarantees, unless we expressly confirm them in writing. A substitution, omission, portion adjustment or menu change that does not materially deprive you of the purchased meal is not non-delivery. If we cannot provide a material part of an accepted order, our remedy may be a replacement, account credit or refund for the affected item, subject to applicable law.
5. Prices, Taxes and Variable Billing
Prices, delivery charges, minimums, special-request fees, bag fees, taxes and other charges are disclosed at checkout, in your order confirmation, in your plan disclosure, or in another written communication you approve. Estimates are not fixed guarantees when you request additions, substitutions, schedule changes, delivery changes or other modifications.
For variable plans, the amount charged may change based on the Products actually selected, authorized, prepared and delivered. Before enrollment, we will disclose the recurring amount or a good-faith range or method of calculation, the frequency of charges, any minimum purchase obligation, and how to cancel, as required by law. Upon reasonable request, we will provide an itemized account reconciliation showing delivered Products, applicable prices, payments, credits and the balance.
6. Recurring Plans and Payment Authorization
If you enroll in a recurring or continuous meal plan, the plan continues and your selected payment method will be charged at the disclosed frequency until you cancel. Before charging, Chef Nourish will obtain your express affirmative consent to the recurring terms and provide a retainable acknowledgment stating the plan, charge or range/method, frequency, cancellation policy and cancellation method. We will maintain consent records as required by law.
You authorize Chef Nourish and its payment processors to charge the payment method you provide for accepted orders, recurring plan charges, taxes, delivery, authorized changes, add-ons, special requests, replacement cooler bags not returned under a separately disclosed bag policy, and valid past-due balances. You represent that you are authorized to use the payment method. Authorization continues until revoked or the plan is cancelled, but revocation does not erase amounts already due or cancel Products already committed to production.
We may place a temporary authorization hold and may retry a declined payment. If payment fails, we may pause preparation or delivery, suspend the account, request another method, or collect an undisputed past-due amount to the extent allowed by law. We will provide legally required notices of material plan changes and fee changes.
7. Cancelling a Recurring Plan; Skips and Meal-Production Cutoff
Cancellation of renewal. You may cancel the automatic renewal or continuous portion of a plan at any time through the same medium used to enroll or the medium you customarily use with us, including an immediate online method for plans accepted online and email at chefnourish@gmail.com. Cancellation stops future renewals after it is processed. We will not obstruct or unreasonably delay cancellation and will send confirmation in a form you can retain.
Already committed orders. Cancelling the recurring plan is different from cancelling Products already ordered or committed to production. To avoid a charge for a scheduled delivery, your cancellation, skip or change must be received no later than 11:59 p.m. Pacific Time three (3) calendar days before that delivery (the “Production Cutoff”). After the Production Cutoff, ingredients may have been purchased and customized Products may have entered production; those Products remain chargeable and will be delivered unless we agree otherwise or law requires a different result.
Program cancellations before the first delivery. Unless a specific offer states a more favorable policy: (a) a written cancellation received at least seven (7) calendar days before the first scheduled delivery is eligible for a refund of prepaid, undelivered amounts; (b) one received at least four (4) but fewer than seven days before the first delivery is eligible for a 50% refund of prepaid program charges; and (c) one received fewer than four days before the first delivery is nonrefundable to the extent Products are customized, perishable or committed to production. This paragraph does not restrict your right to terminate future automatic renewal immediately; it governs only prepaid or committed Products.
A refusal at the door, failure to retrieve, payment-method cancellation or charge dispute is not notice cancelling a plan. Discounts may be recalculated on partial program cancellation only if the offer clearly disclosed that condition before purchase; any recalculation will not exceed the reasonable value of Products and delivery actually provided at the disclosed nondiscounted rate.
8. Delivery; Proof; Risk After Delivery
You must provide a complete, accurate and safely accessible delivery address, unit number, gate code and instructions. Unless we expressly agree otherwise, delivery is unattended. Delivery is complete when the Products are left at the address or location you designated or made reasonably available there, including a door, gate, reception, concierge, security desk, lobby or mailroom. A timestamped delivery photograph, electronic scan, courier record, geolocation record or similar business record may establish delivery, subject to contrary evidence.
Title and risk of loss pass upon completed delivery, except to the extent applicable law provides otherwise. You are responsible for prompt retrieval and refrigeration. We are not responsible for theft, animals, pests, weather exposure, building restrictions, inaccessible premises, incorrect instructions, or delay in retrieval after completed delivery. If access is unavailable, we may leave the order at a reasonably safe available location, return it, or treat a documented reasonable delivery attempt as completed when your address or access failure caused non-delivery, to the extent permitted by law.
Delivery windows are estimates. Weather, traffic, emergencies, courier failures, power outages, government action, labor or supply disruption and other events beyond reasonable control may delay or prevent delivery. If we cancel an order we accepted and do not provide a reasonable substitute or rescheduled delivery, we will credit or refund the affected Product as required by law.
9. Cooler Bags and Reusable Property
Reusable cooler bags, ice packs, racks, containers or other property identified as returnable remain Company property unless sold to you. You authorize a replacement fee only when the amount and return rules were clearly disclosed before the applicable delivery or in a separately accepted bag policy. Records of bag assignment, scan, delivery and pickup may be used to determine possession. Contact us promptly to dispute a bag record before a fee is assessed. No fee will be imposed where prohibited by law.
10. Food Safety, Storage, Reheating and Consumption
Inspect immediately. Retrieve the delivery promptly. Before consuming anything, inspect the bag, packaging, seals, labels, use-by information, temperature condition and food. Do not consume a Product that is leaking, visibly damaged, unusually warm, spoiled, mislabeled, or otherwise reasonably appears unsafe. Photograph the condition, keep the label and packaging, refrigerate the item if safe to do so, and contact us promptly.
Cold holding. Refrigerate perishable Products immediately at 40°F (4°C) or below, or freeze them if the label permits. Do not rely on a cooler bag as long-term storage. If perishable food has been above 40°F for more than two hours—or more than one hour when ambient temperature exceeds 90°F—discard it. When time or temperature is uncertain, discard it. These consumer instructions are conservative safety guidance and do not replace directions on the Product label.
Use-by and reheating. Follow each label’s use-by, freezing and reheating instructions. Unless a label states otherwise, consume refrigerated prepared meals within three (3) days after delivery and seafood within two (2) days. Reheat applicable meals thoroughly and evenly; stir and allow standing time when microwaving. Use a food thermometer where appropriate. Do not reheat or consume any Product contrary to its label.
After delivery. Chef Nourish is responsible for producing and delivering Products consistent with applicable requirements and its disclosed practices. You assume responsibility for risks caused by your delayed retrieval, improper refrigeration or freezing, cross-contamination, alteration, transfer, reheating, serving, consumption after the use-by period, or failure to follow labels and these instructions. Nothing in these Terms waives claims that cannot lawfully be waived, including claims based on our fraud, gross negligence, willful misconduct or liability that applicable product-safety law makes non-waivable.
Illness reports. If you suspect a foodborne illness or severe allergic reaction, seek appropriate medical care first. Then contact us as soon as reasonably possible with the Product name, delivery date, label/lot information, symptoms and timing, photos, and whether any Product remains. Preserve packaging and remaining Product safely if advised. We may report or cooperate with health authorities and insurers as required or appropriate.
11. Allergies, Cross-Contact and Dietary Preferences
Our facility stores, prepares, portions and packages foods containing major allergens, including milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soy and sesame, and may handle other ingredients that cause sensitivities. Shared kitchens, equipment, storage, suppliers and delivery environments create cross-contact risk. We do not represent that any Product is allergen-free, and we cannot guarantee the absence of trace allergens.
You must disclose allergies and medically significant dietary restrictions accurately, keep them current, review every label and delivered meal, and decide with your licensed medical professional whether our Products are appropriate. “Gluten-free,” “dairy-free,” “keto,” “diabetic,” “heart healthy,” “low sodium,” “low FODMAP,” “vegan,” “paleo,” “Whole30” and similar descriptions identify intended menu characteristics; they are not medical guarantees, certifications or promises of zero cross-contact unless expressly stated.
Do not order for or serve Products to another person without communicating these warnings and confirming their allergies and restrictions. If you have a severe or life-threatening allergy or require a medically controlled diet that cannot tolerate cross-contact, our Products may not be suitable for you.
12. Nutrition Information; No Medical Services
Chef Nourish provides culinary services and general nutrition and wellness information. We are not a medical provider, pharmacy, laboratory or emergency service; we do not diagnose, treat, cure or prevent disease; and no physician-patient, dietitian-patient or other healthcare-provider relationship arises from the Site, a profile, menu, session or communication. Credentials held by individual team members do not transform the Services into medical care.
Ingredient, calorie, macro- and micronutrient information may be estimated from recipes, supplier data and standard databases. Natural variation, substitutions, preparation and portioning can change actual values. Consult your physician or other qualified clinician about conditions, pregnancy, allergies, medications, supplements, surgery, eating disorders and therapeutic diets. Never delay medical care or change medication based on our content.
13. Quality Concerns, Credits and Refunds
Because Products are perishable and often customized, returns generally cannot be accepted. Report an incorrect, missing, damaged or quality-affected Product within forty-eight (48) hours after delivery. Include the order information, affected item and reasonable supporting photographs when available. Failure to report promptly may impair our ability to verify the issue, but does not eliminate rights that cannot be waived by law.
After reasonable review, we may replace the affected item, issue an account credit, or refund the amount paid for that item. The remedy will be proportionate to the verified issue. We do not require return of unsafe food; we may ask you to preserve a label, packaging or sample safely. A freshness or quality statement does not create a warranty beyond the express remedy in this section, except where law requires otherwise.
14. Charge Questions, Chargebacks and Collections
Contact-first process. If you do not recognize a charge or believe an amount is wrong, contact us promptly at (323) 909-8933 or chefnourish@gmail.com and provide enough information to identify the transaction. We will review available order, consent, communication, production, delivery and payment records and provide a reasonable response. You agree to make a good-faith effort to resolve merchant-service issues directly before initiating an external payment dispute when practical.
Rights preserved. Nothing in these Terms waives, restricts or penalizes your good-faith exercise of rights under the Fair Credit Billing Act, Electronic Fund Transfer Act, Regulation Z, Regulation E, applicable state law, or card-network or payment-provider rules. You may report genuine fraud, unauthorized use, billing error, non-delivery or another legally valid basis directly to your issuer or provider.
Knowingly false or abusive disputes. You may not knowingly misrepresent an authorized charge, delivered order or material fact to obtain both the Products and a payment reversal. If a chargeback is finally denied, withdrawn, or reversed in our favor, or competent evidence establishes that the dispute was knowingly false or materially misleading, the underlying undisputed amount remains due. To the extent permitted by law, we may suspend future service and recover reasonable, actually incurred processor fees, collection costs and attorneys’ fees only when authorized by applicable law or awarded by the arbitrator or court. We will not collect an amount while it remains subject to a good-faith unresolved dispute where law prohibits collection.
15. Site License, Intellectual Property and Brand Rights
The Site and its text, recipes, menus, photographs, videos, graphics, software, databases, arrangement, trade dress, trademarks, service marks and other materials are owned by or licensed to Chef Nourish and protected by law. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to use the Site for personal, noncommercial ordering and information. No other license is granted.
You may not copy, scrape, harvest, republish, sell, train or improve an artificial-intelligence or machine-learning model using, reverse engineer, frame, mirror, remove notices from, create derivatives of, or commercially exploit the Site or Company content without written permission, except to the extent such restriction is prohibited by law. “Chef Nourish,” “Chef LaLa,” associated logos and trade dress may not be used to imply endorsement or affiliation.
16. Acceptable Use; Cybersecurity and Automated Systems
You may not: access nonpublic systems or data; bypass authentication, rate limits or security controls; probe, scan or test vulnerabilities without written authorization; introduce malware or harmful code; interfere with availability; engage in credential stuffing, phishing, impersonation, fraud or spam; use bots or automated means contrary to posted instructions; scrape personal data; forge headers or identifiers; exploit errors; or assist another person in doing so.
You must use reasonable security measures, maintain supported software, protect credentials and promptly notify us of suspected compromise. We may monitor use, preserve logs, block traffic, reset credentials, suspend access, investigate incidents, notify affected parties or authorities, and cooperate with lawful requests. You must not publicly disclose a suspected vulnerability before giving us a reasonable opportunity to investigate and remediate it, unless applicable law protects or requires the disclosure.
The Site may use algorithms, automation or artificial-intelligence tools for recommendations, support, fraud prevention, accessibility, content or operations. Outputs may be incomplete or inaccurate and must not be treated as medical advice or a substitute for human judgment. You may not submit confidential medical records, payment-card numbers in free-text fields, or content you lack authority to provide.
17. Privacy, Cookies, Communications and Third Parties
Our Privacy Policy, as updated from time to time, describes our collection, use, disclosure, retention and protection of personal information and is incorporated by reference. If these Terms conflict with the Privacy Policy about personal-information practices, the Privacy Policy controls. Privacy rights and choices are governed by applicable law and cannot be waived through these Terms.
The Site may rely on hosting, ordering, payment, analytics, advertising, communications, mapping, delivery and social-media providers. Their services, links and embedded content may be governed by their own terms and privacy practices. We are not responsible for independent third-party services, but nothing here excuses our legal responsibilities for vendors acting on our behalf.
You consent to transactional email, telephone and text communications reasonably related to your account, orders, delivery, safety, payment and support. Promotional communications require any consent mandated by law and may be opted out of using the provided method. Consent to marketing is not a condition of purchase where prohibited.
18. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, SERVICES, PRODUCTS, CONTENT AND TECHNOLOGY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” EXCEPT FOR EXPRESS PROMISES IN THESE TERMS. CHEF NOURISH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; THAT CONTENT OR NUTRITION ESTIMATES WILL BE COMPLETE OR PRECISE; OR THAT PRODUCTS WILL ACHIEVE A PARTICULAR HEALTH, WEIGHT, PERFORMANCE OR MEDICAL OUTCOME.
SOME JURISDICTIONS DO NOT ALLOW PARTICULAR DISCLAIMERS. IN THAT EVENT, THE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED. EXPRESS RIGHTS UNDER APPLICABLE FOOD-SAFETY, PRODUCT-LIABILITY, CONSUMER-PROTECTION AND WARRANTY LAW ARE NOT DISCLAIMED WHERE THEY CANNOT BE DISCLAIMED.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CHEF NOURISH AND ITS PARENTS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPOKESPERSONS, LICENSORS, SUPPLIERS, PAYMENT PROCESSORS, HOSTING PROVIDERS AND DELIVERY PROVIDERS (THE “CHEF NOURISH PARTIES”) WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY; OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE SITE, SERVICES, PRODUCTS OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHEF NOURISH PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM A PARTICULAR ORDER, EVENT OR SERIES OF RELATED EVENTS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID CHEF NOURISH FOR THE AFFECTED PRODUCTS OR SERVICES DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED, INCLUDING TO THE EXTENT APPLICABLE: FRAUD; GROSS NEGLIGENCE; WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT; VIOLATION OF LAW; OR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY A DEFECTIVE PRODUCT. Each limitation is intended to allocate risk and applies regardless of theory and even if a remedy fails of its essential purpose.
20. Dispute Resolution; Individual Arbitration; Class Waiver
20.1 Informal Notice
Before filing arbitration or a lawsuit, the claimant must send an individualized written Notice of Dispute describing the name and account, facts, requested relief and a good-faith calculation of the amount sought. Send notices to: Corazon de Limon, LLC dba Chef Nourish, Attn: Legal Notice, [INSERT PHYSICAL NOTICE ADDRESS], and by email to [INSERT LEGAL NOTICE EMAIL]. Chef Nourish will send its notice to your account email and mailing address. The parties will confer in good faith for at least 30 days after receipt. Any limitations period is tolled during that period to the extent permitted by law.
20.2 Arbitration Agreement
Except for disputes expressly excluded below, you and Chef Nourish agree that every dispute or claim arising out of or relating to these Terms, the Site, Services, Products, communications, privacy, marketing, payment, delivery, or the relationship between you and Chef Nourish—including questions of contract formation, enforceability and scope—will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules and, when applicable, its Mass Arbitration Supplementary Rules. The Federal Arbitration Act governs this arbitration agreement. The arbitrator may award any individual remedy available in court, subject to these Terms and applicable law.
The arbitration may occur by documents, telephone, video or in person as the rules and arbitrator allow. The consumer will not be required to pay more than the consumer share provided by AAA’s applicable rules; Chef Nourish will pay fees it is required to pay by law or AAA rules. Each party bears its own attorneys’ fees unless a statute, these Terms, or the arbitrator authorizes an award. A court of competent jurisdiction may enter judgment on the award.
20.3 Excluded Matters and Public Injunctive Relief
Either party may bring an individual claim in small claims court if it remains within that court’s jurisdiction. Either party may seek temporary or preliminary court relief to protect intellectual property, confidential information, systems, data, food safety or physical safety pending arbitration. Claims for public injunctive relief that applicable law prohibits from being waived may be pursued in the forum the law requires; if such a claim cannot be arbitrated, it will be stayed while arbitrable claims proceed, unless law requires otherwise.
20.4 No Class or Representative Proceedings
YOU AND CHEF NOURISH AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator may not combine claims or preside over a representative proceeding except as expressly permitted by AAA’s applicable Mass Arbitration Supplementary Rules or by a written post-dispute agreement. This waiver does not waive non-waivable public injunctive relief.
20.5 Coordinated Filings
If 25 or more similar demands are filed against the same or related parties and coordinated by the same or coordinated counsel, AAA’s then-current Mass Arbitration Supplementary Rules and fee schedule apply. The parties will cooperate in good faith with AAA’s process arbitrator and any staged, bellwether, mediation or batching procedures AAA orders or the parties agree to. This paragraph does not prevent any claimant from pursuing an individual claim and does not alter rights that cannot be waived.
20.6 Opt Out
You may opt out of this arbitration agreement by sending a signed, individualized written notice within 30 days after you first accept these Terms. The notice must state your name, account email, mailing address and an unambiguous request to opt out of arbitration, and must be mailed to the physical Legal Notice address above and emailed to the Legal Notice email above. Opting out will not affect other Terms or service. An opt-out submitted for multiple people, by someone lacking authority, or after the deadline is ineffective, except where law requires otherwise.
20.7 Jury-Trial Waiver and Severability
WHERE A CLAIM IS SUBJECT TO ARBITRATION, YOU AND CHEF NOURISH WAIVE THE RIGHT TO A JURY TRIAL. If any part of this Section is unenforceable, it will be severed or narrowed to the minimum extent necessary, and the remainder will remain effective; however, if the individual-action requirement is finally held unenforceable as to a particular claim, that claim will proceed in court and not class arbitration. The court decides the enforceability of the class waiver and requests for public injunctive relief; the arbitrator decides other arbitrability questions unless law requires otherwise.
21. Your Indemnification Obligations
To the fullest extent permitted by law, you will indemnify, defend and hold harmless the Chef Nourish Parties from third-party claims, demands, proceedings, liabilities, judgments, damages, losses, fines, penalties, costs and reasonable attorneys’ fees arising out of or relating to: (a) your material breach of these Terms; (b) your unlawful, fraudulent or unauthorized use of the Site, Services or Products; (c) content, instructions or information you submit, including a claim that it infringes or violates another person’s rights; (d) your serving, reselling, redistributing, relabeling, altering, storing, reheating or using Products contrary to labels or these Terms; (e) your failure to disclose known allergies or restrictions of a person for whom you order or to pass along applicable warnings; or (f) your intentional misconduct or negligent acts after delivery.
Chef Nourish will provide reasonable notice of an indemnified claim. We may control the defense with counsel of our choosing, and you will reasonably cooperate. You may not settle a claim in a manner that admits wrongdoing by, imposes nonmonetary obligations on, or fails to release a Chef Nourish Party without written consent. This section does not require you to indemnify a Chef Nourish Party for that party’s own fraud, gross negligence, willful misconduct, violation of law, or other liability that cannot legally be shifted to you.
22. Suspension; Termination; Survival
We may suspend or terminate access, decline orders or discontinue Services when reasonably necessary for safety, fraud prevention, nonpayment of undisputed amounts, abuse, legal compliance, operational limitations or material breach. You may stop using the Services and cancel recurring plans as provided above. Provisions that by nature should survive—including accrued payment obligations, intellectual property, disclaimers, liability limits, dispute resolution, indemnification, governing law and general terms—survive termination.
23. Changes to Terms and Services
We may update these Terms prospectively. We will post the revised version and update the “Last Updated” date. For material changes, we will provide notice reasonably calculated to reach affected users and obtain renewed consent when required. Changes do not retroactively alter a dispute that arose before the change without mutual agreement. Continued use after the effective date constitutes acceptance only when permitted by law and after legally sufficient notice.
24. Governing Law and Venue
California law governs these Terms without regard to conflicts principles, except that the Federal Arbitration Act governs Section 20. For disputes not subject to arbitration or small claims jurisdiction, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California, except where consumer law requires another forum.
25. General Terms
These Terms and incorporated offer-specific terms are the entire agreement on their subject and supersede prior or contemporaneous discussions. You may not assign them without our written consent; we may assign them in connection with a merger, reorganization, financing, sale of assets or by operation of law, subject to applicable law. Failure to enforce is not a waiver. Section headings are for convenience. “Including” means “including without limitation.” Electronic records and signatures have the same effect as paper originals. If a provision outside Section 20 is unenforceable, it will be narrowed or severed and the rest remains effective. No agency, partnership, joint venture, fiduciary or employment relationship is created.
Neither party is liable for delay or failure caused by events beyond reasonable control, except for accrued payment obligations and duties that law does not excuse. These Terms do not create third-party beneficiary rights, except that Chef Nourish Parties may enforce provisions expressly protecting them.
26. Contact and Legal Notices
Customer Service: (323) 909-8933 | chefnourish@gmail.com
