These are the Terms of Service (the “Terms of Service” or “TOS”) that govern our relationship with users and others who interact with SideChef (“you” or “your”), as well as SideChef brands, SideChef websites, applications for various devices which includes smart phones, tablets, voice-activated assistants, and other existing and future products and services, owned, operated or offered by SideChef Inc., a Delaware corporation or its affiliates (“SideChef” or “we” or “us”) (each a “Service” and collectively “SideChef Services” or “Services”).
Arbitration notice: These terms of service contain an arbitration clause near the end. Except for certain types of disputes mentioned in that arbitration clause, you and sidechef agree that disputes between you and sidechef will be resolved by mandatory binding arbitration, and you and sidechef waive any right to participate in a class-action lawsuit or class-wide arbitration.
We reserve the right, in our sole discretion, to change these Terms of Service at any time, and will publish a revised version of these Terms of Service on the Service with the new “Last Updated” date as indicated at the top of these Terms of Service. Continued access to and use of the Service (which includes using our Services to distribute or publish your recipes or other content) following any such change means you accept and will abide by the changes. In the event of a material change that may directly affect your account, we will notify you such as by posting a pop-up message in the Service, or updating the “Last Updated” date above.
You grant to SideChef a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licenseable, worldwide, under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, to use, copy, reproduce, transmit, perform, display, exhibit, distribute, index, comment on, adapt, modify, translate, digitize, reformat, create derivative works based upon, perform and otherwise exploit your User Content, in whole or in part, alone or in combination with other content or material, in all media formats and channels now known or hereafter devised (including by way of example but in no way a limitation, the internet, mobile devices, voice activated assistants and through any future means or methods of downloading and/or transmission now known or hereinafter devised) in connection with SideChef Services (the “User Content License“). You grant SideChef the right to use your name and SideChef username that you submit in connection with such User Content. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Services and these Terms of Service.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Service.
Please read the following paragraphs carefully because they require you and SideChef to agree to resolve all disputes between you and SideChef through binding individual arbitration.
You and SideChef agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms of Service or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and SideChef are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between you and SideChef before the Last Updated date of these Terms of Service.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and SideChef. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and these Terms of Service. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and SideChef.
You and SideChef waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and SideChef are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and SideChef over whether to vacate or enforce an arbitration award, you and SideChef waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
All claims and disputes within the scope of this Section 30 must be arbitrated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 28.
Any rights and limitations set forth in this Section 30 may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
You may opt out of this Section 30. If you do so, neither you nor SideChef can force the other to arbitrate. To opt out, you must notify SideChef in writing no later than 30 days after first becoming subject to this Section 30. Your notice must include your name and address, your SideChef username and the email address you used to set up your SideChef account (if you have one), and an unequivocal statement that you want to opt out of this Section 30. You must either mail your opt-out notice to this address: SideChef, Inc., ATTN: Arbitration Opt-out, 655 Montgomery St, San Francisco, CA 94111, or email the opt-out notice to firstname.lastname@example.org
Notwithstanding the foregoing, either you or SideChef may bring an individual action in small claims court.
This Section 30 will survive the termination of your relationship with SideChef.