CHEF'STORE Messaging Terms & Conditions
CHEF'STORE Messaging Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY AS THESE TERMS AFFECT YOUR LEGAL RIGHTS BY REQUIRING RESOLUTION OF DISPUTES ON AN INDIVIDUAL NON-CLASS BASIS.
You agree to receive recurring, automated, promotional, and personalized marketing text (e.g., SMS, MMS, and RCS) messages (e.g. cart reminders) from CHEF'STORE (“Messages”), to the mobile telephone number you provided when signing up. You agree that you consent to receive Messages regardless of any state or federal time of day restrictions and/or the presence of your telephone number on any state or federal Do-Not-Call list/registry. Consent to receive Messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary based on your interactions with us.
Not all mobile devices, handsets, or carriers may be supported and Messages may not be deliverable in all areas. CHEF'STORE, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered Messages.
By enrolling to receive Messages, you certify that (1) you are the age of majority in the jurisdiction in which you reside, (2) you are the account holder of the mobile number you are enrolling (or you have the account holder’s permission to enroll the number), and (3) you agree to the practices described in these Messaging Terms, our CHEF'STORE Terms of Use and CHEF'STORE Privacy Policy. We may share certain information with our service providers, including Attentive Mobile Inc., as described in our Privacy Policy.
Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our shortcode you may receive one additional message confirming that your request has been processed.
Help
Text the keyword HELP to our shortcode to receive support.
Contact Us
You may contact us with questions about this program.
Dispute Resolution
You and CHEF'STORE agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and CHEF'STORE hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and CHEF'STORE relating to these Messaging Terms and Conditions (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CHEF'STORE will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or CHEF'STORE from seeking action by federal, state, or local government agencies. You and CHEF'STORE also have the right to bring qualifying claims in small claims court. In addition, you and CHEF'STORE retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Messaging Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Messaging Terms and Conditions.
Neither you nor CHEF'STORE may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or CHEF'STORE’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of the Messaging Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This section of the Messaging Terms and Conditions will survive the termination of your relationship with CHEF'STORE.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CHEF'STORE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.