Términos del servicio

Effective Date:  January 13th, 2025

THESE TERMS & CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ THESE TERMS CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THIS WEBSITE, INCLUDING BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

Acceptance of the Terms

These Terms and Conditions (“Terms”) are entered into by and between you and Chef Merito, LLC (“Chef Merito,” “Company,” “we,” or “us”) and govern your access to and use of ChefMerito.com (the “Website”), including any content, functionality, and services (including the purchase and sale of products) offered on or through the Website.

Please read these Terms carefully before purchasing any product or using our Website.  Your continued use of the Website will mean you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference.  If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who 18 years of age or older and reside in the United States (although please see Terms of Sale below for shipping limitations).  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the residence requirements.  If you do not meet all of these requirements, you must not access or use the Website, including obtaining products or services from the Website.

Modifications to the Terms

We may revise and update these Terms from time to time in our sole discretion.  All changes are effective immediately when we post them, as indicated by the “Effective Date,” and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction Section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on or through the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including users with accounts.

You are responsible for (i) making all arrangements necessary for you to have access to the Website and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  You agree that all information you provide to have an account or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, 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 this Website or portions of it using your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Website and its 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 Chef Merito, 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.

These Terms permit you to use the Website for your personal, non-commercial use, or, if you are a business customer of Chef Merito, for legitimate business purposes, provided that you do not modify, or delete any copyright, trademark, or other proprietary notice that appears on any material you access, copy, download, or print.  Any other use of content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for purposes competitive to Chef Merito, is expressly prohibited. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made in violation of these Terms.  Chef Merito, or its licensors or content providers, retain full and complete title to the material provided on this Website, including all associated intellectual property rights.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Chef Merito.  Chef Merito neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with Chef Merito.  Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@chefmerito.com with the subject line “Website Usage Permission.”

Trademarks

The Company name, its marks, including without limitation ”CHEF MERITO,” “M,” “BIXOLITO,” “PIKOS PIKOSOS HOT PICOSO SAZONADOR ESTILO ‘PICO DE GALLO’ SEASONING ‘PICO DE GALLO’ SYTLE,” “SABROSITO,” “PIKOS PIKOSOS,” “¿YA MERITO?,” and “SABROSITO!,” the Company logo, and all related names, logos, product and service names, designs, and slogans (collectively the “Marks”), are trademarks or registered trademarks of and are proprietary to Chef Merito, or other respective owners that have granted Chef Merito the right and license to use such Marks.  You must not use such Marks without the prior written permission of Chef Merito.

Prohibited Uses

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

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm any individual under eighteen (18) years of age in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards detailed below and set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Chef Merito, a Chef Merito employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Chef Merito or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.


We cannot and do not assure that other users of our Website are or will be compliant with permissible uses of our Website or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

User Contributions

The Website may contain chat functions, product reviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to us or to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms and detailed below under the Content Standards set forth below.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, monitor, review, reproduce, modify, adapt, publish, translate, perform, display, distribute, and create derivative works from such User Contribution(s), in whole or in part, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on our web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).  You further grant us an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your User Contribution(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on our web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

You also agree to waive any applicable moral rights as contained in your User Contribution(s) for any of the proposed uses listed above.

By submitting a User Contribution, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, us and each of our respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such User Contribution, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation.  Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with Chef Merito’s use of the User Contribution or Your Personal Content embodied in such User Contribution or the exploitation of any of our rights as noted above.

You understand that we are relying upon your representations, grants of rights, waivers and releases in permitting you to submit a User Contribution.  You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms.

We do not guarantee that you will have any opportunity to edit or delete your User Contribution.  You acknowledge that you, not us, are responsible for the contents of any User Contribution(s).

You represent and warrant that:

  • You own or control all rights in and to the User Contribution(s) and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contribution(s) you submit or contribute, and you, not Chef Merito, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contribution(s posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must:

  • Be original, accurate, and created by you.
  • Not be included in nor planned for use in any other advertising or promotional materials, for us or any third party.
  • Not contain any material that is defamatory, obscene, profane, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Not infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Not be likely to deceive any person.
  • Not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, or other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with us.
  • Not promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Not impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Not involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Not give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Not contain any material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body.

Reliance on Information Posted

The information presented on or through the Website 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 Website, or by anyone who may be informed of any of its contents or resources.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Chef Merito, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Chef Merito.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, or services, or information formed through the Website, or resulting from visits made by you, are governed by these Terms.

TERMS OF SALE

Order Acceptance

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order.  All orders must be accepted by us, or we will not be obligated to sell the products or services to you.  We may choose not to accept orders at our sole discretion, even if we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms

All prices, discounts, and promotions posted on the Website are subject to change without notice.  The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.  Price increases will only apply to orders placed after such changes.  Posted prices do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email.  We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability.  We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms.  If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order.  We accept indicated credit cards and/or payment methods for all purchases (“Payment Method”).  You represent and warrant that (i) the Payment Method you supply to us is true, correct, and complete, (ii) you are duly authorized to use such Payment Method the purchase, (iii) charges incurred by you will be honored by the Payment Method, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

Shipping

We will arrange for shipment of the products to you.  When ordering from our Website, we will only ship product within the Continental United States.  Please check the individual product page for specific delivery options.  You will pay all shipping and handling charges as specified during the ordering process.  Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon delivery.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

Cancellations and Order Changes

All purchases are final.  Once an order has been prepared, no cancellations or modifications are possible.  Similarly, if you wish to add to your order, Chef Merito reserves the right to treat any additions as a second order incurring additional shipping charges. 

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order.  You represent and warrant that the Payment Method you supply to us is true, correct, and complete, that you are duly authorized to use such Payment Method, that the charged incurred by you will be honored by the payment company, and that you will pay charged incurred by you at the posted prices, including all applicable taxes.

Refunds

We will accept a return of unopened products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made as soon as possible and in no event later than within 30 days of delivery provided that such products are returned in their original condition.  To return products, you must email the customer service department at customerservice@grupochilero.com and provide them with your order confirmation number.  No returns of any type will be accepted without an order confirmation number.

You are responsible for all shipping and handling charges on returned items.  You bear the risk of loss during shipment.

Refunds are processed within approximately 2-5 business days of our receipt of your merchandise.  Your refund will be credited back to the same payment method used to make the original purchase on the Website.  WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

Allergen Information

The facilities that produce our products may actively store, prepare, portion, and distribute ingredients that contain the following allergens identified by the U.S. Food and Drug Administration: Wheat and soy.  Products may contain some or all the allergens listed.  You are solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using or consuming such products.  Chef Merito does not represent or warrant that the nutrition, ingredient, allergen, and other product information on our Website is accurate or complete.  We recommend that you do not rely solely on the information presented on our Website and that you consult the product’s label or contact us in order to provide information if you have a specific dietary or allergic concern or question about a product.  If you suspect that you are having an allergic reaction or other adverse health event, immediately contact your health care provider.

Promotions & Discounts

From time to time, we may offer promotional discounts. 

Additional Resources

If you have any questions about your order please contact us at 1 (800) Merito-1 or send us an email at info@chefmerito.com. 

Additional terms and conditions may also apply to specific portions, services, or features of the Website that may be provided from time to time.  All such additional terms and conditions are hereby incorporated by this reference into these Terms.

Linking to the Website and Social Media Features

With our approval, 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.  Please contact us at info@chefmerito.com to request approval.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

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:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  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 Website

If the Website contains links to other 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 sites or resources, all of which may have separate privacy policies, data collection practices, and terms and conditions independent from us, and we 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 websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We control and operate the Website from the State of California in the United States.  We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States, including any claim or statement about our products.  Access to the Website may not be legal by certain persons or in certain countries and we make no representation that materials on the Website or the products described thereby are appropriate or available for use in other locations.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Website for your own personal or household use or as a bona fide Business Customer of Chef Merito.

Disclaimers and Limitation of Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHEF MERITO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.  CHEF MERITO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  THE MATERIALS ON THE WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENT OCCURRING AFTER THEIR RESPECTIVE DATES.  CHEF MERITO UNDERTAKES NO OBLIGATION TO VERY OR MAINTAIN THE ACCURACY OF SUCH INFORMATION. 

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CHEF MERITO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR ANY DAMAGES WHATSOEVER, EVEN IF CHEF MERITO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE.  THESE LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IF THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE WEBSITE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.  IF THE LAW APPLIES TO YOU AND YOUR USE OF THE WEBSITE DOES NOT PERMIT THE WAIVER BY YOU OF ANY RIGHTS OR REMEDIES, THESE TERMS DO NOT REQUIRE YOU TO WAIVE ANY SUCH RIGHTS. 

Indemnification

ON BEHALF OF YOURSELF AND YOUR SPOUSE/PARTNER, CHILDREN, OTHER MEMBER(S) OF YOUR HOUSEHOLD, PARENTS, GUARDIANS, HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, HEIRS AND ASSIGNS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY. ITS LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, VENDORS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS (COLLECTIVELY, “CHEF MERITO PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DEBTS, DAMAGES, LOSSES, COSTS, FEES INCLUDING REASONABLE ATTORNEYS’ FEES, EXPENSES, PENALTIES, AWARDS, JUDGMENTS OR ANY OTHER ALLEGED LIABILITIES OR OBLIGATIONS OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN (COLLECTIVELY, “CLAIMS”), AGAINST ANY CHEF MERITO PARTY CAUSED BY, ARISING FROM, RELATING TO OR RESULTING FROM, WHETHER DIRECTLY OR INDIRECTLY, (A) YOUR BREACH OF THESE TERMS OR ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED IN THESE TERMS, OR ANY APPLICABLE LAW, RULE OR REGULATION, (B) YOUR MISUSE OF OR NEGLIGENCE IN USING ANY PRODUCTS PROVIDED TO YOU; (C) ACCESS TO OR USE OF YOUR ACCOUNT BY YOU OR ANY THIRD PARTY ON YOUR BEHALF, OR ANY FAILURE TO SAFEGUARD YOUR OR THEIR ACCOUNT INFORMATION; (D) THE USER CONTENT YOU MAKE AVAILABLE VIA YOUR ACCOUNT OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, (E) YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, OTHER PROPERTY OR PRIVACY RIGHT OR ANY OTHER THIRD-PARTY RIGHT; AND (F) ANY FEEDBACK YOU PROVIDE.

Governing Law and Jurisdiction

All matters relating to the Website 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).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website (including the Privacy Policy) shall be resolved exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and Los Angeles County.  You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute and waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts.

The foregoing notwithstanding, you agree that Chef Merito, at its sole discretion, may require you to submit any disputes directly or indirectly arising out of or relating to these Terms or the Website exclusively to final and binding arbitration taking place in the City of Los Angeles, California under the Rules of Arbitration of the American Arbitration Association then in effect, by one or more arbitrators appointed in accordance with said Rules.  Notwithstanding such rules, however, such proceeding shall be governed by the laws of the State of California.  Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.  Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.  Further, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms based on your residence. 

CLASS WAIVER:  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Chef Merito regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Notices

Notices And Procedures For Making Claims Of Copyright Infringement

If you believe that any User Contribution(s) or other material violates your copyright, please email us at info@chefmerito.com, including the subject line “Copyright,” call 1 (800) Merito-1, or contact us by regular mail addressed to:

Chef Merito, LLC.

7915 Sepulveda Boulevard

Van Nuys, CA  91405
Attn: Copyright Request

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Your Comments and Concerns

This Website is operated by Chef Merito, LLC

7915 Sepulveda Boulevard, Van Nuys, CA  91405.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@chefmerito.com.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.