Welcome to the foodpeople.co site (the “SITE”) and Food People, Inc.’s (“FOODPEOPLE”) professional chef listing services (the “SERVICE”). Each person that sends an inquiry on the SITE (“MEMBER”) that wants to use or access the SERVICE must accept these Terms of Service (“TOS”). BY REGISTERING FOR AND USING THE SERVICES, MEMBERS AGREE TO BE BOUND BY THESE TOS.
FOODPEOPLE reserves the right to change any of the TOS or any policies or guidelines governing the SITE or SERVICE, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the SITE. All notice of changes to these TOS will be posted on the SITE for thirty (30) days.
MEMBERS are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to MEMBERS. EACH MEMBER’S CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING FOODPEOPLE’S POSTING OF ANY CHANGES WILL CONSTITUTE THE MEMBER’S ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF A MEMBER DOES NOT AGREE TO ANY CHANGES TO THESE TOS, S/HE SHOULD NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
1. USE OF SERVICES
FOODPEOPLE provides a platform for MEMBERS to view listings and profiles of third-party professional chefs (“CHEFS”) and negotiate and complete transactions with CHEFS for certain predetermined event SERVICES for professional chef SERVICES offered by the CHEFS on their profile (“CHEF SERVICE”). FOODPEOPLE grants MEMBERS a limited, revocable, non-exclusive license to access the SITE and use the SERVICE for each MEMBER’s own personal use. Use of the SERVICE beyond the scope of authorized access granted to MEMBERS by FOODPEOPLE immediately terminates said permission or license. MEMBERS understand that all chef listings, profiles or other materials posted on, transmitted through, or linked from the SERVICE, are the sole responsibility of the Chefs from whom such profiles originated. MEMBERS understand that FOODPEOPLE does not control, and is not responsible for Chef profiles made available through the SERVICE. Furthermore, the FOODPEOPLE SITE and Chef profiles available through the SERVICE may contain links to other website, which are completely independent of FOODPEOPLE. FOODPEOPLE makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such SITE. MEMBERS agree that MEMBERS must evaluate, and bear all risks associated with, the use of any Chef profiles and that under no circumstances will FOODPEOPLE be liable in any way for any Chef profiles or for any loss or damage of any kind incurred as a result of the use of any Chef profiles posted, emailed or otherwise made available via the SERVICE.
2. BOOKING OF CHEF SERVICES; FEES; PAYMENT
MEMBERS must book a Chef SERVICE within sixty (60) days of the date of the MEMBER’s event. Once a MEMBER chooses an event SERVICE offered by a Chef on his/her Chef profile, an email request will be sent to the Chef to determine his/her availability for the event. FOODPEOPLE does not collect any payment information from the MEMBER at this time. The Chef will confirm his/her availability via an email sent through the SERVICE, at which time the MEMBER will have the opportunity to review the event details and confirm the pricing for the event. It is the MEMBER’s responsibility to review the confirmation email to verify the accuracy of the information relating to the Chef SERVICE. Once the MEMBER confirms his/her/its reservation through the SERVICE, the MEMBER shall pay in full by providing credit card information and a billing address. FOODPEOPLE will charge the MEMBER’s card for the full amount of payment at that time. Typically, all MEMBER payments shall be held by FOODPEOPLE until the day of the event. For larger events, FOODPEOPLE may release a non-refundable security deposit to the Chef before the day of the event in order to cover the Chef’s expenses. MEMBERS agree that MEMBERS must evaluate, and bear all risks associated with, the use of any Chef SERVICE and that under no circumstances will FOODPEOPLE be liable in any way for any Chef SERVICE or for any loss or damage of any kind incurred by a MEMBER as a result of the use of any Chef SERVICE or any failure of the Chefs to perform the Chef SERVICE. If the MEMBER cancels his/her/its reservation request, FOODPEOPLE will issue a refund in accordance with its cancellation policy.
3. CANCELLATION POLICY
Cancellations are billed in full. A reservation is not officially canceled until the MEMBER receives a cancellation confirmation e-mail from FOODPEOPLE. If the cancellation e-mail is not received, contact FOODPEOPLE.
4. PRIVACY AND INFORMATION DISCLOSURE
5. TERMINATION OF SERVICE
MEMBERS agree that FOODPEOPLE, in its sole discretion, has the right (but not the obligation) to delete or deactivate a MEMBER’s account, block a MEMBER’s email or IP address, or otherwise terminate a MEMBER’s access to or use of the SERVICE (or any part thereof), immediately and without notice, for any reason, including, without limitation, if FOODPEOPLE believes that MEMBERS have acted inconsistently with the letter or spirit of the TOS. Further, MEMBERS agree that FOODPEOPLE shall not be liable to any MEMBER or any third-party for any termination of a MEMBER’s access to the SERVICE. Further, MEMBERS agree not to attempt to use the SERVICE after said termination.
6. PROPRIETARY RIGHTS
The SERVICE is protected to the maximum extent permitted by copyright laws and international treaties. Chef profiles displayed on or through the SERVICE are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the SITE or the collective work, and/or copying or reproducing the SITEs or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of FOODPEOPLE. MEMBERS further agree not to reproduce, duplicate or copy Chef profiles from the SERVICE without the express written consent of FOODPEOPLE, and agree to abide by any and all copyright notices displayed on the SERVICE. MEMBERS may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the SERVICE. Without limiting the foregoing, MEMBERS agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the SERVICE. FOODPEOPLE is a trademark of FOODPEOPLE, Inc.
7. DISCLAIMER OF WARRANTIES; RELEASE
MEMBERS AGREE THAT USE OF THE FOODPEOPLE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. MEMBERS AGREE THAT INTERACTIONS WITH CHEFS FOUND ON OR THROUGH THE SERVICE, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN MEMBERS AND THE CHEFS, REGARDLESS OF WHETHER FOODPEOPLE ACTS AS AN INTERMEDIARY FOR MEMBERS’ COMMUNICATION WITH THE CHEFS OR MEMBERS’ PAYMENT FOR CHEF SERVICE. MEMBERS AGREE THAT MEMBERS WILL MAKE WHATEVER INVESTIGATION MEMBERS FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY CHEFS. THE FOODPEOPLE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODPEOPLE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE FOODPEOPLE SITE, THE SERVICE AND THE CHEF SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODPEOPLE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FOODPEOPLE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FOODPEOPLE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODPEOPLE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FOODPEOPLE SITE OR THE SERVICE. MEMBERS also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to MEMBERS insofar as they relate to implied warranties.
8. LIMITATIONS OF LIABILITY
BECAUSE FOODPEOPLE IS NOT INVOLVED IN TRANSACTIONS BETWEEN MEMBERS AND CHEFS, IF A DISPUTE ARISES BETWEEN MEMBERS AND A CHEF, EACH MEMBER RELEASES FOODPEOPLE (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF A MEMBER IS A CALIFORNIA RESIDENT, THAT MEMBER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to MEMBERS.
MEMBERS agree to indemnify and hold FOODPEOPLE, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, SERVICE providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of a MEMBER’s use of the SERVICE, a MEMBER’s violation of the TOS, a MEMBER’s breach of any of the representations and warranties herein, or a MEMBER’s violation of any rights of another.
10. GENERAL INFORMATION
The TOS constitute the entire agreement between MEMBERS and FOODPEOPLE and govern each MEMBER's use of the SERVICE, superseding any prior agreements between MEMBERS and FOODPEOPLE. The TOS and the relationship between MEMBERS and FOODPEOPLE shall be governed by the laws of the State of California without regard to its conflict of law provisions. MEMBERS and FOODPEOPLE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of FOODPEOPLE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. MEMBERS agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SERVICE or the TOS must be filed by MEMBERS within one (1) year after such claim or cause of action arose or be forever barred.