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Terms and Conditions

Last updated: November 2, 2026

Welcome to the CHEF iQ® website (the “Site”). CHEF iQ provides you the right to access and use the Site and the mobile application (the “Mobile App” , and together with the Site, the “Sites), including all Content, products, and services available on the Sites (collectively, the “Offerings”), subject to these Terms and Conditions, our Privacy Policy (https://chefiq.com/pages/privacy) and any additional terms referenced herein (collectively, the “Terms”). These Terms govern the use of the Sites and your conduct, regardless of your means of access, whether from a computer, mobile phone, or other device. RJ Brands LLC (“RJ Brands” or “We”) is the owner of the CHEF iQ brand.

These Terms apply to any website or document that links to these Terms.

THE TERMS CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RJ BRANDS AND OR ITS AFFILIATES (THE “PARTIES”). PLEASE CAREFULLY READ THEM BEFORE ACCESSING OR USING ANY OFFERING. BY ACCESSING OR USING ANY OFFERING, OR BY CLICKING A BOX THAT STATES YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, AND AGREE TO BE BOUND BY THE TERMS, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR OFFERINGS, INCLUDING THE COLLECTION AND USE OF YOUR INFORMATION SET FORTH IN OUR PRIVACY POLICY

IF YOU DO NOT AGREE TO THE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF ANY OFFERINGS.

IMPORTANT – ARBITRATION AGREEMENT – PLEASE READ:

THE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND RJ BRANDS AND/OR ITS AFFILIATES ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 16 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO INDIVIDUAL, BINDING, AND FINAL ARBITRATION. IN ADDITION: (1) YOU AND RJ BRANDS WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN COURT OR TO HAVE A JURY TRIAL FOR ANY CLAIMS.

Contents

1. Eligibility

You may only access and use the Offerings if you meet the minimum age required to use the Offerings in the country in which you reside (the “Minimum Age”). In the United States, the Minimum Age is 18 years of age. Outside the United States, the Minimum Age varies by country and is the age as required by the applicable laws of your country. You must also meet the other eligibility requirements specified in the Terms.

If you have reached the Minimum Age but are under the age of legal majority in the jurisdiction where you reside, you may access and use the Offerings only with the consent and supervision of your parent or legal guardian, who must review and agree to these Terms on your behalf. If you are a parent or legal guardian who permits a minor to access or use the Offerings, you agree to these Terms on the minor’s behalf and, to the extent permitted by applicable law, are responsible for the minor’s use of the Offerings, including any obligations or liabilities arising from that use.

By accessing or using any Offerings, and by agreeing to these Terms, you represent and warrant that you meet each of these requirements, or, where applicable, that your parent or legal guardian has agreed to these Terms on your behalf. If you do not meet any of these requirements, you may not access or use any Offerings. Our Offerings are not available to any users we previously removed from our Offerings.

2. Modifications

We reserve the right, at any time and in our sole discretion, to modify the Offerings with or without notice to you, by making those modifications available on the Site or Mobile App, as applicable. We also reserve the right, at any time in our sole discretion, to modify the Terms; provided that any modifications to our Privacy Policy will be pursuant to the terms set forth therein. We will inform you of the presence of any changes to the Terms by posting those changes on the Site. Any modifications will be effective immediately upon posting on the Site. You may terminate your Account or cease using the Offerings if you object to any such modifications. However, you will be deemed to have agreed to any and all modifications through your continued use of the Offerings following such notice period. We will note the effective date of the latest version of these Terms at the top of this page. It is your responsibility to review these Terms periodically.

3. Accuracy of Information

We attempt to be as accurate as possible when describing our products and services on the Sites; however, we do not warrant that the descriptions, colors, information, or other Content available on the Sites are accurate, complete, reliable, current, or error-free.

This Sites may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

4. Termination

These Terms are effective unless and until terminated by either you or RJ Brands. You may terminate these Terms at any time, provided that you discontinue any further use of the Sites. RJ Brands also may terminate or suspend these Terms, at any time, without notice, and for any reason. Upon any such termination or suspension, your right to use the Sites will immediately cease and you must (a) discontinue use of the Sites and delete or uninstall the Mobile App from your mobile device, as applicable, and (b) promptly destroy all materials downloaded or otherwise obtained from the Sites, as well as all copies of such materials, whether made under the terms of use or otherwise. RJ Brands reserves the right to immediately and permanently deactivate your account and delete any information or Your Content stored through your account. Any section of these Terms which, by its nature, should survive expiration or termination of these Terms shall survive such expiration or termination.

5. Your Rights & Restrictions

Access to the Sites

Subject to your compliance with the Terms, we will permit you to access and make personal use of the Sites solely for lawful purposes and only in accordance with the Terms and any other agreement you agree to before being given access to any specific areas or features of the Sites. If you are accessing and using the Sites on someone else’s or an entity’s behalf, you represent that you have the authority to bind that person or entity as the principal to all Terms provided herein and that you agree to the Terms on such person’s or entity’s behalf, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of any Offerings resulting from such access or use.

Create Links

Subject to your compliance with the Terms, you may also create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site may not (a) replicate, any of our Content; (b) imply that we are endorsing such website or its services or products; (c) misrepresent its relationship with us; (d) contain content that could be construed as distasteful, obscene, offensive, controversial, illegal, or inappropriate for any ages (as determined in our sole discretion); (e) portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; or (f) link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Access Content

You may be provided with access to a variety of data, information, and content through the Sites, including marketing materials, text, audio, video, photographs, images, illustrations, graphics, trademarks, logos, service marks, button icons, messages, and other media (“Content”). Other than Your Content (as defined below) all Content available through the Sites, and any compilation thereof, is owned by us or our third-party providers. All Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. You will not, and will not permit any third party to: (a) edit, alter, modify, reproduce, copy, or create derivative works of any Content; (b) access, distribute, sell, resell, lend, loan, lease, license, sublicense, rent, transmit, publicly display, publicly perform, publish, adapt, or transfer any Content; or (c) use, alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content. While you may access and interact with Content on the Sites, you are granted no licenses or rights in or to any Content. Use of our Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Other users and third parties may transmit or post Content to the Sites. We do not endorse or control such Content, have not verified the accuracy of such Content, and will not be responsible for any errors or omissions in, any Content provided by third parties through the Sites and therefore, we do not guarantee the accuracy, integrity or quality of any such Content. You understand that by using the Sites, you may be exposed to Content that is offensive, indecent, or objectionable to you. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF ANY CONTENT. YOU HEREBY WAIVE ALL RIGHTS TO ANY CLAIMS AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENTS OF ANY PROPRIETARY RIGHTS, RIGHTS OF PRIVACY AND PUBLICITY, MORAL RIGHTS, AND RIGHTS OF ATTRIBUTION IN CONNECTION WITH CONTENT AVAILABLE ON THE SITES.

Restrictions

The Offerings may constitute our valuable trade secrets. You will not, and will not permit any third party to:

  • (a) use, access or attempt to access the Offerings except as expressly provided in these Terms;
  • (b) frame or utilize framing techniques to enclose the Offerings or any portion thereof;
  • (c) copy, republish, redistribute, transmit, sell, license, or download any Offerings (except caching or as necessary to view the Sites);
  • (d) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Offerings, or otherwise make the Offerings available to any third party;
  • (e) make any use of the Offerings other than for your personal use;
  • (f) disassemble, decode, decompile, modify, reverse engineer, or create any derivative works based upon any part of the Offerings;
  • (g) collect account information for the benefit of yourself or another party or otherwise attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Offerings;
  • (h) use any meta tags or any other “hidden text” utilizing any part of the Offerings;
  • (i) use software robots, spiders, crawlers, data mining tools, automated or non-automated scraping or similar data gathering and extraction tools, to access, collect, copy or record the Offerings;
  • (j) use our Offerings in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
  • (k) share passwords or authentication credentials for our Offerings; or
  • (l) take any other action that may impose an unreasonable burden or load on our infrastructure or otherwise impacts the stability of our servers or behavior of other applications using our Offerings.

You must retain, without modification, all proprietary notices on the Offerings or affixed to or contained in any Offerings. Your unauthorized use of any Offerings will automatically terminate all rights and licenses granted to you under these Terms, without prejudice to any other remedy provided by applicable law or these Terms.

6. Access to External Resources

Through the Sites, users may have access to external resources provided by third parties. Users acknowledge and accept that RJ Brands has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

7. Your Content and Conduct

You are solely responsible for all content, such as comments, questions, recipes, suggestions, materials that you submit, transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available to or generate through your use of the Sites (“Your Content”) in any manner. Your Content will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in Your Content, whether or not patentable, for any purpose, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using Your Content. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit Your Content as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in Your Content and you have no right to compel such use, display, reproduction, or distribution.

You will not and will not allow others to transmit, upload, post, e-mail, generate, or otherwise make available on the Sites any Content, including Your Content, that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate, or misleading; (d) you were compensated for or granted any consideration by any third party; (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (f) is an advertisement or solicitation of any kind; or (g) is false, misleading, or inaccurate. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove Your Content, and we reserve the right to change, condense, or delete any of Your Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any of Your Content if we believe it these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate your Accounts without prior notice if you violate these Terms or infringe the rights of others.

8. Deletion of Your Content

You may request that we delete certain of Your Content posted on public portions of the Sites, such as your ratings and reviews, by contacting us and including the following information: first name, last name, username/screen name (if applicable), email address associated with the Sites, the reason you are requesting to delete the posting, and date(s) of posting(s) you wish to delete (if applicable). We may not be able to process your deletion request if you are unable to provide such information to us. All deletion requests are subject to our approval, which we may withhold or provide in our sole discretion. Please allow up to thirty (30) business days to process your deletion request.

9. Use of the CHEF iQ Mobile Application

If you are using the Mobile App, you agree to use the Mobile App in accordance with these Terms and any applicable third party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the Mobile App using the Apple App Store or Google Play Store, as applicable. You are responsible for reviewing the applicable Apple App Store or Google Play Store terms and conditions and complying with such terms and conditions while using the Mobile App. Without limitation of the foregoing, if you are downloading the Mobile App through the Apple App Store for use on an Apple-branded product, the following terms apply:

  • Acknowledgment of Parties. These Terms are between you and RJ Brands only, and not with Apple Inc. (“Apple”). RJ Brands, not Apple, is solely responsible for the Mobile App and the content thereof.
  • Scope of the License. The license granted to you in these Terms is limited to a non-transferable license to use the Mobile App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Mobile App may be accessed and used by other accounts associated with you via family sharing or volume purchasing.
  • Maintenance and Support. RJ Brands is solely responsible for providing any maintenance and support services with respect to the Mobile App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
  • Warranty. RJ Brands is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be RJ Brands’ sole responsibility, to the extent not effectively disclaimed under these Terms.
  • Product Claims. RJ Brands, not Apple, is responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit RJ Brands’ liability to you beyond what is permitted by applicable law.
  • Intellectual Property Rights. In the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, RJ Brands, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Developer Name and Address. Any questions, complaints or claims with respect to the Mobile App should be directed to: RJ Brands, LLC 200 Performance Drive, Mahwah, NJ 07495; Telephone: 1-888-593-1701; Email: support@CHEFiQ.com.
  • Third Party Beneficiary. You and RJ Brands acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

10. Indemnification

You agree to defend, indemnify and hold us and our officers, directors, affiliates, employees, agents, contractors, assigns, users, customers, providers, and successors in interest (“Indemnified Parties”) harmless from any and all losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys’ fees, court costs, damages awards, and settlement amounts), resulting from any third party claim, action, or demand relating to: (a) your use of or access to any Offering; (b) Your Content; (c) your breach of any representation, warranty, or other provision of these Terms; (d) your violation of any applicable law, rule or regulation; (e) your willful misconduct; or (f) any other party’s access and use of our Offerings with your unique username, password or other appropriate security code. We will provide you with notice of any such claim or allegation, and we reserve the right to participate in the defense of any such claim at our own expense.

11. Limitation of Liability

NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES OR PARTNERS, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, DELAY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), RELATING TO OR ARISING IN CONNECTION WITH OR OUT OF ANY OFFERINGS OR USE OF ANY OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND ALL SERVICES PROVIDED UNDER THESE TERMS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE 3-MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO ANY LIABILITY OR $100, WHICHEVER IS GREATER. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON OUR LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Disclaimer of Warranties

THE SITES ARE provided strictly on an “as is” and “as available” basis. Use of the offerings is at Users’ own risk. To the maximum extent permitted by applicable law, RJ BRANDS expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from rj brands or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, RJ BRANDS, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the offerings will meet Users’ requirements; that the offerings will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the offerings are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Sites is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the sites.

RJ BRANDS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the sites or any hyperlinked website, and rj brands shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The offerings may become inaccessible or they may not function properly with Users’ web browser, mobile device, and/or operating system. we cannot be held liable for any perceived or actual damages arising from any content, offerings or use of the sites.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. These terms give Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under these terms shall not apply to the extent prohibited by applicable law.

13. Privacy

Please review our privacy policy, available at www.chefiq.com/pages/privacy (“Privacy Policy”) for details about our personal information practices. The Privacy Policy is incorporated by reference herein, and these Terms are incorporated into the Privacy Policy.

14. Intellectual Property

We retain all right, title and interest, including, without limitation, all Intellectual Property Rights (as defined below), in and to the Offerings and any additions, improvements, updates and modifications thereto. CHEF iQ’s name, logo and all product and service names associated with the Offerings are trademarks of RJ Brands LLC and providers and you are granted no right or license to use them. For purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights. You receive no ownership interest in or to the Offerings and, except for the limited rights and licenses granted under these Terms, you are not granted any right or license to use, reproduce, duplicate, copy, sell, resell, access, modify, or otherwise exploit, in whole or in part, any Offerings for any purpose without our express, prior written consent.

15. Copyright Infringement Notices

We respect the Intellectual Property Rights of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges for users who are repeat infringers of Intellectual Property Rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
  • Identification of the copyrighted work(s) that you claim has been infringed;
  • A description of the material that you claim is infringing and the location of that material on the Sites;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CONTACT OUR DESIGNATED AGENT FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT AT:

Copyright Agent
RJ Brands LLC
200 Performance Drive
Mahwah, NJ 07495
Phone: 1-888-593-1701

Email: legal@chefman.com


CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, INCLUDING INQUIRIES REGARDING INFRINGEMENT OF OTHER INTELLECTUAL PROPERTY RIGHTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY CONTACTING US AT https://chefiq.com/pages/contact

16. Dispute Resolution

Governing Law

To the extent any action relating to the use of the Sites, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) or any transaction with RJ Brands is not required to be arbitrated or filed in small claims court in accordance with the arbitration agreement contained in these Terms, any dispute arising out of, or relating to such action shall be filed in a court of competent jurisdiction in New Jersey and governed by and construed in accordance with the internal laws of the State of New Jersey, without giving effect to any choice or conflict of law provision. For customers using the Sites in California - Under California Civil Code Section 1789.3, California users of online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. For customers using the Sites in New Jersey - The sections on indemnification and limitation of liability do not apply to New Jersey residents to the extent that New Jersey's Truth-in-Consumer Contract, Warranty, and Notice Act (N.J.S.A. §§ 56:12-14 to 56:12-18) prohibits such application.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. AMONG OTHER THINGS, IT (1) REQUIRES YOU TO INFORMALLY RESOLVE ANY DISPUTES BEFORE COMMENCING ARBITRATION OR INITIATING AN ACTION IN SMALL CLAIMS COURT; (2) IMPACTS HOW CLAIMS BETWEEN YOU AND RJ BRANDS ARE RESOLVED, INCLUDING YOUR AND OUR AGREEMENT TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION; (3) INDICATES YOUR AGREEMENT TO WAIVE THE RIGHT TO TRIAL BY JURY; AND (4) INCLUDES A CLASS ACTION WAIVER PURSUANT TO WHICH YOU AND RJ BRANDS AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR SEEK REPERSENTATIVE RELIEF IN COURT OR IN ARBITRATION. EXCEPT FOR THE LIMITED MATTERS IDENTIFIED BELOW, YOU AND RJ BRANDS AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Mandatory Informal Dispute Resolution Process

Before initiating arbitration or commencing a matter in small claims court, You or RJ Brands must first send the other party, by certified mail, a signed written Notice of Dispute. A Notice of Dispute to RJ Brands shall be sent to RJ Brands LLC, Attn: Legal Department, 200 Performance Drive, Mahwah, New Jersey 07495. RJ Brands will send any Notice of Dispute to the address we have on file for you, if any. The Notice of Dispute must contain the following information: Your full name and contact information; sufficient information to identify the subject product, service, or transaction at issue; a description of the facts and legal basis of the claim; a statement of the specific relief requested; any relevant documents and supporting information reasonably available to the claiming party; and the original handwritten signature of you or, if you are represented, your authorized legal representative. For a period of 60 days after receipt of a completed Notice of Dispute, You and RJ Brands agree to negotiate in good faith to informally resolve the Dispute. The party receiving the Notice of Dispute may request a telephone or video settlement conference to aid in the resolution of the Dispute. If a conference is requested, you and a representative for RJ Brands will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this mandatory informal dispute resolution is a condition precedent to initiating arbitration or commencing a matter in small claims court.

Mutual Agreement to Arbitrate

Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Sites, any product, any transaction between You and the RJ Brands (including RJ Brands’ subsidiaries, affiliates, successors, assigns, officers, directors, employees, and agents), or the relationship between you and the RJ Brands (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration on an individual basis, rather than in court (subject to the exceptions set forth below). This arbitration agreement is made pursuant to and governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, and evidences a transaction involving interstate commerce. The arbitrator shall have the authority to award the same individual relief that a court could award under applicable law, subject to the limitations and waivers contained in these Terms.

Covered Claims

This agreement to arbitrate applies to all Disputes, whether based in contract, tort, statute, regulation, warranty, fraud, misrepresentation, negligence, or any other legal or equitable theory. This includes disputes that arose, were asserted, or that involve facts occurring before the existence of this arbitration agreement or any prior agreement, as well as any claims that may arise after the acceptance of this arbitration agreement. It also applies to disputes concerning arbitrability or the interpretation, applicability, enforceability, formation, or scope of these Terms or this arbitration provision, except that a court of competent jurisdiction shall decide any dispute concerning the enforceability of the class/representative-action waiver or whether a particular claim is legally non-arbitrable.

Exceptions

Nothing in this provision prevents you from: (a) bringing an individual claim in small-claims court if the claim qualifies for that court and remains there; (b) reporting matters to or seeking relief from a federal, state, or local government agency where applicable law permits such relief; or (c) seeking temporary, preliminary, or other individual injunctive relief from a court when such relief is necessary to preserve the status quo pending arbitration. Nothing in these Terms waives any rights that cannot lawfully be waived under applicable law.

Arbitration Administrator and Rules

For users who qualify as Consumers, the arbitration shall be administered by JAMS under its Streamlined Arbitration Rules & Procedures then in effect. For Users who do not qualify as Consumers, the arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules & Procedures then in effect. JAMS Rules are available at www.jamsadr.com. If there is any conflict between those rules and this arbitration provision, this provision controls to the extent permitted by applicable law. The arbitrator will apply governing law and any counsel must comply with Federal Rule of Civil Procedure 11(b). The arbitrator may impose any sanctions available under the applicable JAMS Rules, Rule 11, or other applicable law. Both parties have the right to file dispositive motions prior to any hearing. The arbitrator shall follow and enforce the user agreement as a court would. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.

Additional Procedures for Mass Arbitration

JAMS Mass Arbitration Procedures will apply if 50 or more similar Demands for Arbitration (i.e., with similar facts and legal issues) are filed against RJ Brands. For the purpose of the preceding sentence, Demands will be similar if they are filed within a contemporaneous timeframe and assert similar claims, regardless of whether the Demands are filed by the same law firm or law firms acting in coordination. To ensure efficient resolution, if within a rolling six-month period, 50 or more claimants file Demands for arbitration and are represented by the same or coordinated counsel, or the Demands for arbitration contain similar claims, the disputes must be arbitrated in batches of up to 250 claimants each (“Batch”). Any Demands for arbitration filed by the same or coordinated counsel in the previous six-month period that did not meet the 50-batched amount will be included in batching and batched with any Demands the same or coordinated counsel files within a subsequent six-month period. Additionally, if it appears that the same or coordinated counsel is attempting to avoid batching by filing small numbers of Demands for arbitration outside of the rolling six-month period, RJ Brands shall have the right to seek a stay of all pending arbitrations, which shall be granted by JAMS pending a determination as to whether those Demands for arbitration should be batched. JAMS will thereafter provide for the resolution of each Batch as a single consolidated arbitration for administrative purposes with a single arbitrator appointed by JAMS, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). JAMS will administer all batches concurrently, to the extent possible. The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. If this section is deemed unenforceable as to a particular claimant or Batch, then it will be severed as to that claimant or Batch, and those parties will arbitrate in individual proceedings. If your claim is part of a mass arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to JAMS until your dispute is selected to proceed as part of the staged process set forth above or is settled, withdraw, otherwise resolved, or opted out of arbitration pursuant to this arbitration agreement.

Arbitrator; Location

The arbitration shall be conducted by one neutral arbitrator selected through a strike-and-rank process. For a consumer, the arbitration shall take place in the county or comparable local jurisdiction in which the Consumer resides, unless the Consumer and RJ Brands agree otherwise. For a business user, the arbitration shall take place in Bergen County, New Jersey, unless the Business User and RJ Brands agree otherwise. The arbitration may be conducted remotely by video or telephone if the arbitrator determines that doing so is appropriate or the parties agree.

Class Action and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND RJ BRANDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND RJ BRANDS EXPRESSLY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON OR PARTY, MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF.

No Class Arbitration

If any portion of the class, collective, or representative-action waiver is found unenforceable as to a particular claim or form of relief, that claim or form of relief shall proceed in a court of competent jurisdiction to the extent required by law, and the remainder of the arbitration agreement shall be enforced to the fullest extent permitted by law. If the waiver is found enforceable, the parties’ agreement to arbitrate shall remain fully effective.

Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND RJ BRANDS EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE THAT IS SUBJECT TO ARBITRATION OR OTHERWISE RESOLVED IN COURT UNDER THE EXCEPTIONS SET FORTH ABOVE.

Arbitration Fees and Costs

For Consumer arbitrations, fees and costs shall be allocated in accordance with the JAMS Streamlined Arbitration Rules and Procedures and applicable law. RJ Brands will pay arbitration fees to the extent required by those rules or applicable law. For business users, fees and costs shall be allocated in accordance with the JAMS Comprehensive Arbitration Rules and Procedures and applicable law. Each party shall bear its own attorneys’ fees except as otherwise permitted by applicable law or awarded by the arbitrator.

Opt-Out Right

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE TO RJ BRANDS WITHIN 30 DAYS AFTER FIRST BECOMING SUBJECT TO THESE TERMS. The opt-out notice must state Your name, address, and a clear statement that You decline to participate in the arbitration agreement. Opting out will not affect any other provision of these Terms.

17. General

You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Offerings, and supersede and govern all prior proposals, agreements, or other communications, whether written or oral. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the Parties as reflected in the original provision. The headings in the Terms are for convenience only and shall not be used in its interpretation. All rights conferred under these Terms or by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. Neither these Terms nor any of your rights or obligations hereunder may be assigned or transferred by you without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may assign these Terms to any party that assumes our obligations hereunder.

18. Contact

If you have any questions regarding these Terms, please contact us at https://chefiq.com/pages/contact.

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