Terms & Conditions
By submitting this order, you agree to the Chef V Terms & Conditions
Terms & Conditions
Please read this agreement carefully to ensure you understand each provision.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Welcome to Chef V, LLC’s (“Chef V”) website. By using our website (“Site”) or placing an order, you accept and agree to be bound by these Terms and Conditions (“Terms and Conditions”) and our Privacy Policy. Use of the Site is only available to users who are 18 years of age or older and reside in the United States, or its possessions AND territories. Chef V makes NO claims that the Site OR ANY of its content is accessible from outside the United States. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
Eligibility
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
Important Health Information
People with certain conditions MUST HAVE physician approval prior to starting any Chef V program; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 17 years old, or (e) nursing mothers. People with these or any other serious health conditions must seek physician approval before starting any Chef V Programs.
Please consult your physician before beginning any Chef V program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. Check with your physician, but as a general guideline, we also recommend taking a multivitamin and a fish oil supplement as a part of your Chef V program for optimal health. You should discuss your continued participation in the Chef V program with your physician if there is any change in your medical condition.
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, low blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended on the Chef V program. Failure to follow the program protocol and eat all of the food recommended may increase the risk of developing serious health complications.
All of our Green drinks are raw (unpasteurized), vegan, gluten-free and certified organic. We do not use any nuts, soy, or dairy in any of our cleanse products. However our products are made in a kitchen that handles nuts. There are no nuts in our green drink, protein shakes or detox soups. Chef V’s detox soups are heat pasteurized. Soups come cooked and need to be reheated.
WARNING: This product has not been pasteurized and therefore may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.
Weight Loss and Health Claims
Chef V provides weight loss and health information solely for informational purposes. Weight loss and health results are not guaranteed. Actual results will vary widely from individual to individual. By purchasing from Chef V, you acknowledge that Chef V does not make any claims, guarantees, explicit or implied, for any specific results. You also acknowledge that it is possible to gain weight on a program. Failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against Chef V.
Chef V does not imply, suggest or represent that any of our programs have been approved for any individual use by one of our doctors, medical staff, supervisors or staff members. CHEF V PROGRAMS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.
Nutrition Information
Please note that nutritional information on our site reflects recent updates to products based on evolving ingredients. The nutritional information for products at the time of their preparation is reflected on the labels on our product containers.
Chef V Billing
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If you wish to cancel or modify a subscription, you can do so at any time by emailing chefv@chefv.com and following the instructions you receive as described in the “Cancel or Modify a Subscription” section below; however, except as noted otherwise below, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged, depending on the state of the order.
Free Week Subscription Terms: Your first month’s charge covers the first 5 weeks of your subscription to the Green Drink Plan. Thereafter, you will be billed every 4 weeks until you cancel. Please email chefv@chefv.com to cancel your subscription a minimum of 48 business hours before your next delivery.
If you cancel an annual subscription before the end of the 12 months, your charges will be prorated to the monthly rate, not the annual rate.
Credits and Refunds
We offer a 100% money back guarantee on our weekly green drink delivery. We do not offer refunds on cleanses or challenges. We suggest trying our Green Drink before diving into a cleanse.
If you are not satisfied with your products for any reason, please contact our customer service team at chefv@chefv.com. You must report any issues within 24 hours of your delivery being received. No refunds are given to cleanses that have already been delivered (no exceptions). Any allergies must be reported before delivery of your cleanse as stated above.
If products are damaged, Chef V may require the return or photo documentation of the product(s) that you are not satisfied with before we make a credit or refund. Return shipping costs will be at the client’s discretion. Depending on the circumstances, we will provide you a full or partial credit of the purchase price for your cleanse. We do not return money to customers we can only offer a store credit. No exceptions. We do not offer refunds on shipping once the product has left our kitchen. No exceptions. Agree to these terms by clicking the I agree button on the order check out page.
Cancel or Modify a Subscription
Following your subscription selection and placement and receipt of your first weekly order, you may cancel or modify a subscription at any time by emailing us at chefv@chefv.com. Please note, however, that any amounts charged to or paid by your prior to such cancellation or modification will not be refunded, and a cancellation or modification may not impact any active order for which you have already been charged, depending on the status of the order.
To avoid being charged for placed orders that you no longer wish to receive in the event of a subscription pause, you must pause prior to the date when you are to be charged for your next order. The charge is typically 3 days before your expected delivery, depending on your specified deadline, but can vary depending on shipping length and other factors.
If you cancel a subscription before receiving your first order, your first order may or may not be cancelled and related amounts paid may or may not be refunded to you, depending on factors including the state of your products in our production process, and any promotions applied. You will be notified if any of your charged orders will be cancelled and refunded, or if you will still receive the order after cancellation.
If you cancel an annual subscription before the end of the 12 months, your charges will be prorated to the monthly rate, not the annual rate.
Food Allergies Policy
All allergies must be reported to Chef V prior to receiving your delivery. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of Chef V’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
If you have food allergies and you are not sure whether a product is right for you, please contact Chef V by emailing chefv@chefv.com before receiving your cleanse.
Shipping Problems
We use third-party carriers (UPS and OnTrac) to deliver your food packages and provide you with tracking information for every package. It is very important that you provide us with the proper shipping information and any special instructions the delivery driver may need. For any shipping error that is caused by the carrier (including damaged packages or delayed deliveries), we will issue you a replacement delivery or replacement products at no additional charge. Please note, we may ask for pictures. For any shipping error caused by a mistake or omission of shipping information provided by the customer, we will provide our customers one courtesy replacement shipment per year at a 50% discount of their purchase price.
Your Responsibility to Protect Your Account
Chef V reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Chef V will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Chef V may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Chef V for losses incurred by Chef V or another party due to someone else using your account or password. Chef V has the right to disable any user name, password or other identifier, whether chosen by you or provided by Chef V, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Content Posted by You
Content posted by you includes, but is not limited to, ratings and reviews of products, and postings on Chef V’s bulletin boards, social media pages, chat rooms, and user blogs. These sites contain various pages where you and other members may post content (“Sites”). You may only post content to the Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all of the rights to the content or are authorized to use and distribute the content to these Sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
By submitting or posting content to the Sites, you grant Chef V, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote any posted content in any medium. Once you submit or post content to the Sites, Chef V will not give you any right to inspect or approve uses of such content or to compensate you for any such uses. Chef V owns all right, title, and interest in any compilation, collective work or other derivative work, whether or not created by Chef V, using or incorporating content posted to the Sites. For more information, please review Chef V’s Privacy Policy.
You should carefully choose the information you post on the Sites. Any content that you post to the Sites will be considered non-confidential and non-proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these Sites and the consequences of posting anything on these Sites.
Chef V is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
Content Posted by Other Users
Chef V is not responsible for, and does not endorse, content in any posting made by other users on the Sites. You are solely responsible for your reliance on anything posted by another member on the Sites. Under no circumstances will Chef V be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites. If you become aware of any misuse of the Sites by any person, please contact Chef V at chefv@chefv.com.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Chef V has the right to remove any user contributions from these Sites for any or no reason. Chef V reserves the right to take necessary legal action against users.
Activities Prohibited on the Site
The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. Chef V reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Chef V, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:
Using the site for any purpose in violation of local, state, national, or international laws;
Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Chef V in its sole discretion or pursuant to local community standards. Chef V takes no responsibility for monitoring such content or in evaluating it;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Allowing any other person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or “spamming”;
Harassing, threatening, stalking, or abusing any person; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of Chef V, exposes Chef V or any of its customers or suppliers to any liability or detriment of any type.
Chef V reserves the right-but is not obligated-to do any or all of the following:
Record the dialogue or content posted on any pages of the Site;
Investigate an allegation that anything posted on the site does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
Terminate a user’s access to the site upon any breach of these Terms and Conditions;
Monitor, edit, or disclose any posting on the site; and
Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.
Chef V may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, Chef V has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Chef V to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites.
YOU WAIVE AND HOLD CHEF V HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CHEF V, DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY CHEF V, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
Chef V does not undertake to review any materials before you have posted them on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Chef V assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Chef V has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Chef V has the right to terminate your account and your access to the Site or Sites for any reason, including, without limitation, if Chef V, in its sole discretion, considers your use to be unacceptable. Chef V may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Site or Sites.
Chef V Intellectual Property
The entire contents of the Site or Sites are copyrighted as a collective work under the laws of the United States and other copyright laws. Chef V holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Chef V or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Chef V. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
Trademarks
The Chef V name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Chef V, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Chef V. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Copyright Protection
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Chef V (as set forth below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good-faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to Chef V, 310 Via Vera Cruz, Suite 105, San Marcos, CA 92078, ATTN: Legal Department. In an effort to protect the rights of copyright owners, Chef V maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Changes to the Site
Chef V may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Chef V is under no obligation to update such material.
Information About You and Your Visits to the Site
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by Chef V with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Chef V has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Chef V, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Chef V. Chef V is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Warranties
The Sites and/or Site and the content are provided on an “as is” and “as available” basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, CHEF V, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Chef V makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Chef V cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Chef V cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Chef V cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Chef V does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.
Chef V may disable all or any social media features and any links at any time without notice in our discretion.
Limitation of Liability
CHEF V’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CHEF V IS TO DISCONTINUE YOUR USE OF THE SITE. CHEF V AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CHEF V HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHEF V’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold Chef V, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Arizona, without regard to its conflict of laws rules.
Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction BY calling our customer service department AT 1-866-709-6060. IF Chef V’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Chef V has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and Chef V agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. Chef V agrees that it will pay a consumer’s filing fee FOR the arbitration.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR CHEF V SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Waiver and Severability
No waiver by Chef V of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Chef V to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Chef V with respect to the Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites and/or Site.
Notice
Chef V may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Chef V account. You may give notice to Chef V at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Chef V, 610 S. 56th Ave, Phoenix, AZ 85043, Attn: Legal Department.
Updated: April 4, 2017
Telephone Calls and SMS Text Messages
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Chef V can reach you with informational calls related to your transactions. All calls to and from Chef V may be monitored or recorded for quality and training purposes.
If you elect to receive text messages about your account, you consent to receive recurring SMS text messages sent through an automatic telephone dialing system. We will send no more than 12 messages per month. This service is optional, and is not a condition of purchase. You can opt out of receiving SMS messages at any time by texting STOP in response. Message and data rates may apply. We will treat data collected through text messages in accordance with our Privacy Policy.
Privacy Policy
Our Privacy Policy will explain what information we collect when you visit our site, how we use that information, and what choices you have about how that information is used. We urge you to read our entire Privacy Policy so that you will understand our commitment to you and your privacy.
Information You Voluntarily Provide
PERSONAL/CONTACT INFORMATION
When you place an order on our Site, we collect your name, email address, mobile phone number, mailing address and credit card number. The personally identifiable information we collect when you place an order or register for membership on our Site may be used for any of the following purposes: (1) to fulfill your requests for products and services; (2) to notify you of order, delivery, and shipment statuses; (3) to provide you with offers from Chef V; (4) to contact you when necessary; (5) to review Site usage and operations; (6) to address problems with the Site, our business or our products and services; and (7) to protect security or integrity of the Site and our business.
Your personal information may be shared with reputable third-party associates of Chef V that work with us to provide products and services to our customers. We may use this information for marketing campaigns in order to market products and services . We may also disclose your information to third parties if the law requires it or to protect the rights or property of Chef V.
If you do not want us to share your contact information with other companies or organizations, or do not want to receive additional promotions from us, please let us know by emailing us at chefv@chefv.com. If you opt-out of promotional or newsletter emails from Chef V, we may continue to send you certain transactional communications, such as service announcements and administrative messages relating to Chef V that are necessary for our relationship with you.
We collect your mobile phone number to assist in shipping your order to you. You may also choose to receive SMS text updates from us regarding your order status. You may opt out of receiving text messages at any time by texting STOP to the sender. For more information about text messages, see our Terms and Conditions.
Mobile marketing campaigns may involve you sending an e-mail from your mobile device to us or a third-party campaign operator. An e-mail or other response will then be sent to your mobile device. Opting to participate in a campaign is solely your choice. When you engage in these mobile marketing campaigns, we and the third-party campaign operator may collect your mobile phone number, the name of your wireless service provider, images that you send using your mobile device as part of the campaign, and other relevant information.
HEALTH AND AGE INFORMATION
When you register for membership on our Site, we also collect your basic health profile information when you actively give us such information. The health and age information we collect allows Chef V to evaluate your self-reported health status to determine basic program eligibility. You will be notified at registration if your profile excludes you from participation in the plan. Chef V will not disclose your health and age information (including self-reported height and weight) to third parties.
CREDIT CARD AND PAYMENT INFORMATION
Chef V does not share payment information with third parties.
INFORMATION PROVIDED IN OPTIONAL SURVEYS
Chef V periodically asks members to participate in online surveys o to fill out online questionnaires concerning topics such as the effectiveness of the weight loss program, advertising effectiveness and customer satisfaction. All surveys and questionnaires are optional and the information collected will not be associated with any user’s personal information. Information gathered may be shared with third parties in order to improve customer satisfaction and program effectiveness. No personal information of any user will be connected to survey or questionnaire results.
OTHER INFORMATION YOU MAY VOLUNTARILY PROVIDE
From time to time, Chef V collects third-party email addresses or other contact information from our users and customers so that Chef V may send information to their friends and family on an as-requested basis. For example, Chef V collects email addresses when a customer provides us with that information so that we may send out Referral Coupons. We also require the same information when customers utilize certain functions such as “email this to a friend” features.
Information Provided Automatically
COOKIES
When you use our Sites, we gather web traffic information via “cookies”. Cookies are small pieces of digital information stored by your browser on your computer that tracks initial and returning visits, browsing patterns on our site, and products ordered and viewed. Our cookies do not contain personally identifying information, but they enable us to identify you as a repeat visitor and help us personalize your Chef V.com experience. You need to have cookies enabled on your computer in order to use our site.
FLASH COOKIES
Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings that are used for browser cookies.
WEB BEACONS, PIXEL TAGS, AND 3RD PARTY COOKIES
Chef V, or third parties engaged by us, may use web beacons on some pages of this site. A web beacon (also known as a pixel tag or clear GIF) is a graphic image which is used to better understand the browsing patterns of visitors to the page.
When the HTML code for the web beacon points to a site to retrieve the pixel image, information can be passed along, such as the IP address of the computer that requested the image, the time the web beacon was viewed and for how long, the type of browser that was used, and previously set cookie values. Web beacons DO NOT pass or read personally identifiable information about you.
Web beacons work in conjunction with cookies set by trusted third parties that are used to assess the effectiveness of particular promotional campaigns or to optimize advertising once a user leaves a website. View your browser’s help section to determine how to configure your browser to reject or manage first party (i.e., Chef V) and/or third-party cookies. Chef V shares aggregated information collected through web beacons to vendors for which the beacon was set to determine the success of marketing campaigns, but does not disclose personally identifying information to these vendors.
What Chef V Does With Your Information
HOW DOES CHEF V PROTECT CUSTOMER INFORMATION?
Protecting your information from unauthorized disclosure is extremely important to us. We use the industry standard technology to protect the security of your information. We have taken certain physical, electronic, contractual and managerial steps designed to safeguard the information we collect from you. Unfortunately, no data transaction over the internet can be guaranteed to be 100% secure. The Site operator is not subject to the privacy and data security requirements of the Gramm-Leach-Bliley Act (“GLBA”) or Health Insurance Portability and Accountability Act (“HIPAA”).
WILL CHEF V DISCLOSE THE INFORMATION IT COLLECTS TO OUTSIDE PARTIES?
Chef V shares information with third-party intermediaries for shipping and billing purposes and with other third-party intermediaries that provide a service for Chef V to help us operate our business, our Site, or administer activities on our behalf. These companies do not retain personal information or share it with any other parties. These companies may include Cybersource, United Parcel Service, Federal Express, Visa, Mastercard, Discover, American Express and others.
Chef V may also provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors.
In addition, from time to time, we may make customer e-mail addresses and postal addresses available to other reputable business associates whose products or services might be of value to you. If you do not want us to share your information with other companies or organizations, please let us know by emailing us at chefv@chefv.com. If you opt-out of promotional or newsletter emails from Chef V, we may continue to send you certain communications, such as service announcements and administrative messages, relating to Chef V that are necessary to our relationship with you.
Chef V may also disclose your personal information to third parties in certain limited circumstances, as follows (1) as necessary if we believe that there has been a violation of our Terms and Conditions, of the law, of our rights or of any third party; (2) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (3) if you have given permission for us to share your account information with other members of your household.
Chef V may also sell, transfer, or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.
OUR BULLETIN BOARDS, SOCIAL MEDIA PAGES, CHAT ROOMS & USER BLOGS
Our program provides support through bulletin boards, chat rooms (support groups), social media pages and blogs. This format gives our members the opportunity to interact with each other. These areas are moderated to help keep inappropriate messages from being posted. You are offered the opportunity to include your e-mail address with your message, but you are not obligated to do so. Please keep in mind that whenever you voluntarily disclose personal information online (whether it is on message boards, through e-mail, in meeting rooms, on social media pages or in blogs) your information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. We cannot control the actions of any third parties. We reserve the irrevocable, perpetual and worldwide right to copy and post both within the Chef V website, and those of its parent, affiliates, subsidiaries, assigns, agents and licensees and any social media outlets and advertising medium through which we are engaged any comments, pictures or other information you post on the bulletin boards, social media pages, chat rooms, blogs, or elsewhere on the Chef V community website, without any further notice to you or any remuneration therefore.
Your Rights and Your Consent
A SPECIAL NOTE TO PARENTS OR LEGAL GUARDIANS
Chef V only allows the participation of persons 14 years and older to be on a Chef V product program. For legal guardians or parents of children ages 14 – 17 years old, please call 1-866-709-6060. For parents interested in helping children younger than 14 lose weight, please consult a physician. This website is not subject to Children’s Online Privacy Protection Act (“COPPA”).
NOTICE TO CALIFORNIA CUSTOMERS – YOUR CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact us at chefv@chefv.com.
YOUR CONSENT AND NOTIFICATION OF CHANGE
By using our Site, telephone consultation, or mailing in requests for information you consent to the collection and use of your information by Chef V. If at some point in the future, there is a material change to our information usage practices that affect your personally identifiable information, we will notify you by e-mail. At the time of this message, you will be able to opt-out of the new information usage by sending a message to the following e-mail: chefv@chefv.com. You should check this posted privacy statement for changes.
NEWSLETTER
If a user wishes to subscribe to our newsletter, we ask only for an individual’s e-mail address. Out of respect for our users’ privacy, we provide a way to opt-out of these communications. Click here to unsubscribe to the Chef V newsletter.
CORRECTIONS/UPDATES
To make changes to any of your personal information, including name, username, password, shipping address, and telephone number, click on the MyAccount section of the Chef V web site or call Chef V at 1-866-709-6060. Household members may not make changes to your account information, or cancel or renew your account without your permission. If you have not already indicated your permission for household members to access your account at the time you placed your first order, please call 1-866-709-6060.
THIRD-PARTY WEBSITES
Our Site may contain links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any site that you may access through our Site.
TELL US WHAT YOU THINK
Chef V welcomes your questions and comments about privacy and/or this policy. Please contact us at chefv@chefv.com.
Chef V, LLC.
310 Via Vera Cruz
Suite 105
San Marcos, CA 92078
What personal data we collect and why we collect it
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service. u
