Terms and Privacy
These Terms are important and affect your legal rights, so please read them carefully. Note that Section IV of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
Jr Chef USA reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products
A. Terms of Sale
Subscription Models: Available on a monthly, 3 month, 6 months or annual subscription basis. JuniorChefBox customers will receive
- 3 laminated recipes per month
- Fun facts about a food and/or fun food science experiment sheet
- Instructional videos for each recipe
- At least one small utensil per month
- A shopping list integrated with Whisk.com (a Third Party Channel), enabling customers to access an online shopping cart pre-populated with the ingredients needed for the recipes of the month.
B. Length/Frequency of Subscription
Monthly Subscription: By signing up for a monthly subscription, you agree that Jr Chef USA, LLC may charge your credit card for the monthly subscription price on the first day of each month. You acknowledge that the monthly subscription requires an initial and automatically recurring payments until you cancel the subscription in accordance with this agreement.
- 3 Month, 6 Month, Annual Subscriptions: By signing up for a 3-month, 6-month or annual (12-month subscription), you agree to pay the full, non-refundable amount for the subscription in advance at the time you subscribe. You may cancel your subscription if you wish to stop receiving Jr Chef Boxes. However, we will not refund any part of your pre-paid subscription fee
If you change your subscription model or frequency, the applicable subscription price may also change. All prices on our Sites are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes.
D. Continuous Subscriptions
Your subscription is continuous until you cancel it or we suspend or stop providing access to the sites or applicable products in accordance with these terms. WHEN YOU REGISTER FOR ANY SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT JR CHEF USA (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY, 3 MONTH, 6 MONTH OR ANNUAL BASIS (as appropriate to your selected subscription term) FOR YOUR SUBSCRIPTION (plus any applicable taxes or other charges FOR AS LONG AS YOUR MEAL SUBSCRIPTION CONTINUES.
E. Cancellation of Monthly Subscriptions
You may cancel a monthly subscription by signing into your account (Account->Subscription->Cancel Subscription) or by providing written notice of cancellation to Jr Chef USA LLC, 38 Thomas Dr, Robbinsville, NJ or by sending an email to hello@juniorChefbox.com at least seven calendar days before the next charge. You are responsible for all charges (including any taxes or other charges) incurred with respect to any order identified as “processing” or “shipping” prior to the cancellation of your subscription. If you cancel your JuniorChefBox.com subscription, we may still send you promotional communications about Jr Chef USA, its products and services, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
F. Payment Terms
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription fee or order, including shipping and handling fees, any applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your subscription or order may be suspended or cancelled automatically. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your subscription or account, as applicable, you remain responsible for any uncollected amounts. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
G. Acceptance of Order
Jr Chef USA reserves the right to refuse any subscription request or order at our sole discretion. In addition, before accepting your subscription request or order, we may require additional information if you have not provided all of the information required by us.
H. Shipping and Handling
- Shipping charges are included in the subscription fees. Generally, shipping is handled by a third party courier. When you purchase from our Sites, any shipping times shown are estimates only. Actual delivery dates may vary and are typically beyond the control of Jr Chef USA.
- All orders are shipped FOB shipping point. Title to products passes from us to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped. Additionally, when you purchase a ingredients that are fulfilled by one of our third party fulfillment through Whisk.com, title to and the risk of loss of all ingredients passes to you upon the fulfillment partner’s delivery of the same to the third party courier.
- Notwithstanding anything provided above, shipping and handling for any Third Party Purchase will be made in accordance with and subject to the applicable Third Party Terms
We will collect applicable sales, use and other tax (collectively, "Tax") on Products shipped to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase. If an item is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates
All of our products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to substitute products without prior notice. Jr Chef USA and its Third Party Channels strive to provide you with high-quality products, but given market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. Notwithstanding anything provided above, packaging of and delivery instructions related to any purchase fulfilled by a Third Party Channel may vary depending on the applicable Third Party Channel; accordingly, any deliveries of third party purchases may be subject to additional applicable terms and conditions imposed by the third part.
K. Inspection & Safety
You are responsible for inspecting all items delivered, including food and non-food products contained therein, for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the food products you receive . If you have any reason to believe that any food and non-food products in your delivery is not suitable for consumption or for its intended use, contact us at email@example.com (only for the items you received through JuniorChefBox , or contact the applicable Third Party Channel, and discard the item. To maintain the quality and integrity of the food products, we recommend that you immediately refrigerate all perishable Products upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on food safety, food storage and food handling. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.
M. Refund Policy
All sales are final. We may provide a refund in the event that a JuniorChefBox or its contents arrive damaged. We may require the return or photographic documentation of any Product that you are dissatisfied with before we provide you a refund, replacement, or Credit. Food orders placed or fulfilled through Whisk.com are subject to the Whisk.com Terms of Service and may be eligible for refund under the applicable policies of the retailer used for Whisk.com order fulfillment.
N. No Resale
You are not permitted to resell or otherwise use Jr Chef USA product, including but not limited to its laminated recipe cards and instructional videos, cartoon characters Cheft, Spoony, Spatchy for commercial purposes or any other purposes.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JR. CHEF USA, LLC, ITS PARENT, SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR SUCCESSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATED TO OR ARISING FROM: THE PRODUCTS SOLD OR OFFERED BY JR CHEF USA, LLC OR ANY THIRD PARTY CHANNELS, EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARE CAUSED BY THE NEGLIGENCE OR INTENTIONAL WRONGDOING OF JR CHEF USA, LLC OR (II) THE OPERATION, CONTENT, OR USE OF THE SITE OR THE INABILITY TO USE THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE FOOD AND OTHER PRODUCTS YOU RECEIVE VIA JR CHEF USA OR ANY THIRD PARTY CHANNELS AND THE COMESTIBLE ITEMS YOU PREPARE USING RECIPES PROVIDED BY JR CHEF USA.
YOU UNDERSTAND AND ACKNOWLEDGE THAT RECIPES INCLUDED IN JUNIORCHEFBOX ARE NOT ALLERGEN FREE. WHILE WE MAKE REASONABLE EFFORTS TO INFORM CUSTOMERS OF THE PRESENCE OF THE EIGHT MAJOR ALLERGENS (milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans), YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT YOU AND THE CHILDREN IN YOUR CARE ARE NOT ALLERGIC TO AN INGREDIENT IN ANY PRODUCT YOU RECEIVE FROM JR CHEF USA OR ANY THIRD PARTY CHANNELS BEFORE YOU OR THE CHILDREN IN YOUR CARE CONSUME IT.
YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR PERSONAL INJURY OR ILLNESS, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO YOUR JUNIORCHEFBOX SUBSCRIPTION, YOUR PURCHASE OF PRODUCTS FROM OR VIA JR CHEF USA, LLC, AND/OR YOUR USE OF THE SITE OR ANY INFORMATION FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES
TO THE FULL EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF SUBSCRIPTIONS OR PRODUCTS FROM THE SITE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
B. Eligibility: While Jr Chef USA’s recipe and culinary educational materials are geared toward youth, its Sites and in particular, the e-commerce features, are not targeted toward or intended for use by anyone under the age of 18 absent adult supervision. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) have not created or do not have more than one jrchefbox.com account, unless expressly permitted by Jr Chef USA, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
C. Registration, Account and Communication Preferences
Account Registration: To access and use certain areas or features of the Sites, you will need to register for a JuniorChefBox.com account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account. You further understand and agree that Jr Chef USA may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
Consent to Electronic Communications: By creating a jrchefbox.com JuniorChefBox.com account, you also consent to receive electronic communications from Jr Chef USA (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein
Consent to Calls or Texts: By providing your mobile phone number to us through the Sites or in connection with your order, receipt or use of our Product(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of Jr Chef USA, including autodialed calls and/or text messages, for [marketing, promotional,] operational or transactional purposes, such as updates on the delivery status of your order of our Product. [You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while Jr Chef USA processes your request.] It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.
D. Prohibition on Improper Use:
As a condition of your use of this Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You agree that you shall not use the Site: (a) in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (b) in violation of Jr Chef USA’s or any third party's intellectual property or other proprietary rights; (c) in violation of any applicable laws; (d) to attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (e) to obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (f) to use or attempt to use any "spider", "robot", "bot", "scraper", or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof); (g) to transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity; (h) to post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," or any other form of solicitation; or (i) to register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Jr Chef USA product or Service if you are not expressly authorized by such party to do so.
E. Trademark Notice
Jr Chef USA, its logo and tagline “We learn, We Cook, We Eat” and the graphic character named Chefy, Spatchy, Spoony visible in the website JuniorChefBox.com and the videos are trademarks of Jr Chef USA and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the look and feel of the Site and our subscription boxes constitute service marks, trademarks and/or trade dress of Jr Chef USA and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners
F. Warranty Disclaimer
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
JR CHEF USA, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although Jr Chef USA attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Jr Chef USA so that it can be corrected. Information contained on the Site may be changed or updated without notice
G. Confidential and Proprietary Information
Jr Chef USA does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Jr Chef USA through the Site will be deemed NOT to be confidential. By sending Jr Chef USA any information or material, you grant Jr Chef USA an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Jr Chef USA is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose
H. Links to Other Sites
Jr Chef USA makes no representations whatsoever about any other Website that you may access though this Site, including the sites of Third Party Channels. When you access a non-Jr Chef USA Website, please understand that it is independent from Jr Chef USA, and that Jr Chef USA has no control over the content on that Website. In addition, a hyperlink to a non-Jr Chef USA Website does not mean that Jr Chef USA endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature
Dispute Resolution; Mandatory Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH JR CHEF USA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JR CHEF USA
A. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 3(D) or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Jr Chef USA agree (a) to waive your and Jr Chef USA’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, or products (including, without limitation, Third Party Purchases), resolved in a court, and (b) to waive your and Jr Chef USA’s respective rights to a jury trial. Instead, you and Jr Chef LLC agree to arbitrate Disputes through binding arbitration, which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court (“Binding Arbitration”)
B. No Class Arbitrations, Class Actions or Representative Actions
You and Jr Chef USA agree that any Dispute arising out of or related to these Terms or the Sites, or products purchased is personal to you and Jr Chef USA and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Jr Chef USA agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Jr Chef USA agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals
C. Federal Arbitration Act
You and Jr Chef USA that these Terms affect interstate commerce and that the enforceability of this Section IV shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law
D. Notice; Informal Dispute Resolution
You and Jr Chef USA agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Jr Chef USA shall be sent by certified mail or courier to Jr Chef USA, LLC, Attn: Mr. Sathappan Lakshmanan, 38 Thomas Drive, Robbinsville, NJ 08691. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your JuniorChefBox.com account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section III(C)(2) and will include our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute; a description in reasonable detail of the nature or basis of the Dispute; and the specific relief that we are seeking. If you and Jr Chef USA cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Jr Chef USA may, as appropriate and in accordance with this Section IV, commence an arbitration proceeding or, to the extent specifically provided for in Section IV(A), file a claim in court
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 3(D) OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND JR CHEF USA AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR JR CHEF USA WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND JR CHEF USA WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Jr Chef agree that (a) any arbitration will occur in the State of New Jersey, County of Mercer, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of New Jersey and the United States, respectively, sitting in the State of New Jersey, County of Mercer, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
F. Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual
G. Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason
If any term, clause or provision of this Section IV is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section IV will remain valid and enforceable. Further, the waivers set forth in Section IV(B) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law
I. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section IV by writing to: Jr Chef USA, LLC, Attn: Mr. Sathappan Lakshmanan, 38 Thomas Drive, Robbinsville, NJ 08691. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section V(B)
Severability: If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. Provisions deemed unenforceable shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Choice of Law and Venue: These Terms, your access to and use of the Sites and your subscriptions, orders, receipt and use of the any food or non-food products shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be submitted to the exclusive jurisdiction of the state and federal courts sitting in Mercer County, New Jersey. You waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Waiver: No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Jr Chef LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Beneficiaries: Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Dated: June 30th, 2020