Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of www.sommslist.com (the “Site”) and describes the terms and conditions applicable to your access to and use of the Site. This Agreement may be modified at any time by CHEF'S ROLL, INC., a Delaware Corporation, upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.sommslist.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.sommslist.com.
3. Ownership. All content included on this site is and shall continue to be the property of Chef’s Roll or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Content shall include but not be limited to text, graphics, appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, Hypertext Markup Language (HTML) code, scripts, and all products or services sold. Any copying, redistribution, sale, reengineering, deconstructive works, use or publication by you of any such content or any part of the Site is strictly prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other claim, interest or title in any content by or through your use of this site.
4. Intended Audience. Chef’s Roll’s Site and services are for use by its intended audience only. By using this Site, and agreeing to the terms and conditions, herein, you agree that you are within Chef’s Roll’s intended audience and meet the following criteria: (1) are 18 years of age or older, if not must be accompanied by a parent or legal guardian; (2) are not currently restricted from using Chef’s Roll’s services or Site; (3) are not a competitor of Chef’s Roll and not using Chef’s Roll’s services or Site for in order to compete, or enable another third party to compete with Chef’s Roll; (4) are a chef who has, or currently is, or intends to be working in the culinary industry; (5) A restaurant, catering company, or any establishment which employs chefs.
5. Trademarks. Trademarks appearing on this site are protected by law and you cannot use any such trademarks in any manner without the express written permission of the trademark owner.
6. Site Use. Chef’s Roll grants you a limited, revocable, nonexclusive license to use this site only for the purpose of promoting your self, your employer or your business; to network with chefs around the world or to find new opportunities and or careers; showcase your talent, awards, cuisine or skills. You acknowledge our terms of use and understand our policy of the use of our site and will use our site for the purpose it is intended for as described in this section and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Use of this site is strictly prohibited for republication, distribution, assignment, sub-license, sale, preparation of derivative works, or other unauthorized use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of this Agreement or any law. You further represent and warrant that you own or otherwise control all of the rights to the information you provide to the Site, including without limitation financial information, and agree that you shall not use false contact or financial information, pretend to be someone other than yourself or otherwise mislead us or third parties. The use of this website is at the discretion of Chef’s Roll, which may terminate your use of this website at any time, at its sole discretion. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
You will create a password for your account identification to enable you to access and use your profile and other sections of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
7. Representations and Warranties. You represent and warrant the following: that you (1) will only maintain one account with Chef’s Roll at any given time, unless you pay for one chef profile for yourself, and pay separately for a business profile such as a restaurant or any entity which employs chefs; (2) are authorized to enter in this agreement and that your use does not violate any other agreement to which you are a party; (3) will not knowingly or willingly violate Chef’s Roll’s intellectual property rights; (4) will provide all cost of equipment, software and internet access necessary to use Chef’s Roll’s Site and services.
8. Payment. If you purchase any subscription services or products from our Site, you agree to Chef’s Roll storing your payment information, or any third party vendor Chef’s Roll uses to collect payment for use of our Site. You also agree to pay the applicable fees for all subscription services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Your transaction with us may be subject to foreign exchange fees or differences in prices for reasons including, but not limited to the following: your geographical location, the location in which the purchase is made, and the manner in which payment is made. Chef’s Roll does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
9. Termination of Services. You may terminate your account at any time by emailing Chef’s Roll at info@chefsroll.com. In the event you terminate your account, the termination will be effective within 2 business days of Chef’s Roll’s receipt of your request. Chef’s Roll may also terminate a User’s access to this Site or the Services found at this Site if Chef’s Roll has reason to believe the User is a repeat offender. If Chef’s Roll terminates your access to this Site or the Services found at this Site, Chef’s Roll may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. Chef’s Roll may terminate your account at any time. If Chef’s Roll terminates your account, Chef’s Roll will notify you via e-mail, and the termination will be effective immediately.
10. Cancellation: You may cancel your subscription at any time during your paid subscription, if you cancel your subscription Chef’s Roll reserves the right to keep all data submitted. If you wish for your data to be terminated please e-mail your request to info@chefsroll.com. Chef’s roll will acknowledge the request and act appropriately and in a timely manner. Upon cancellation of your subscription you will NOT receive any reimbursement for time remaining on your paid subscription. Upon failure to renew your subscription with in 2 days of the last day of your paid subscription, Chef’s Roll will terminate the subscription effective immediately, all data will remain in our database.
11. Refunds. In the event that you or Chef’s Roll terminates your account, Chef’s Roll reserves the right to not reimburse you for money spent on our product(s) or service(s) paid for. If your account is terminated by Chef’s Roll due to any violation of our Terms of Use, at anytime during your subscription, or we cancel your subscription for not complying to our Terms of Use, we reserve the right to not reimburse you. Product purchases, which include, but not limited to, upgraded features, additional features, are not refundable.
12. Typographical Errors. In the event a service or product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or service or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the service(s) or product(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
13. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that ALL information provided by you is truthful and accurate to the best of your knowledge, and no copyright laws have been broken or content misused for the purpose of your own benefit. That all information provided from you is correct, and any photos, videos, links etc. are your own work, or you can provide full evidence you are allowed to use such work.
14. Indemnification. You agree to indemnify, defend and hold Chef’s Roll and its directors, officers, shareholders, partners, employees, affiliates, successors, and assignees harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
15. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. CHEF’S ROLL DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
16. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL CHEF’S ROLL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
17. Use of Information. Chef’s Roll reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
18. Copyrights. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to Chef’s Roll:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of Claims of copyright infringement on the Site shall be submitted to Chef’s Roll at the address indicated below under Contact Information.
19. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern these Terms and Condition of Use and any dispute that may arise between you and Chef’s Roll or its affiliates. All claims and disputes arising from or relating to the operation or use of this Site will be heard and resolved in a court of competent jurisdiction in the County of San Diego, California.
20. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
21. Termination of Agreement. Chef’s Roll may terminate this Agreement at any time, with or without notice, for any reason.
22. Contact Information.
Chef’s Roll
325 W. Washington St.
Suite 2138
San Diego, California
92103
info@chefsroll.com