Terms of service

TERMS OF USE AGREEMENT

Welcome, and thank you for visiting Chef Morgan's Kitchen's Website. The chefmorganskitchen.com website and its associated products and services, including any related mobile site or applications (collectively, "Website,") are provided by Chef Morgan's Kitchen. By accessing or using the Website, however, accessed, you manifest your intent and agree to be bound by this Terms of Use Agreement ("Agreement").

The Agreement and the terms contained herein are subject to change by Chef Morgan's Kitchen at any time, at its sole and absolute discretion, and without notice. Such changes shall be effective immediately upon posting. Therefore, you are instructed to review the terms of this Agreement before using the Website. If you do not agree to the terms and conditions contained within the Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after any replacement, modification, or amendment of the terms of the Agreement will constitute your manifestation of assent to and Agreement with any replacement, modification, or amendment herein.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND CHEF MORGAN'S KITCHEN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

ELIGIBILITY TO USE THE WEBSITE

The Website is available for use by individuals who are eighteen (18) years or older. By accessing the Website, you confirm that you meet this age requirement, are of sound mind, and have the capacity to agree to and abide by the terms and conditions outlined in this Agreement. Suppose you are using the Website on behalf of a business entity or another third party. In that case, you affirm that you have the actual authority to act as their agent and that you have the right and ability to agree to the terms of this Agreement on their behalf. Additionally, you confirm that no preexisting agreements prohibit you from entering this Agreement.

PRIVACY POLICY

Chef Morgan's Kitchen incorporates its Privacy Policy by reference as if fully restated here. Please review Chef Morgan's Kitchen's Privacy Policy to understand the personal and identifiable information that may be collected from you when using the Website and how this information may be used.

ACCEPTABLE USE OF THE WEBSITE

When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of the Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Chef Morgan's Kitchen for such a breach, including, but not limited to, monetary damages, costs, and attorneys' fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

•    Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Chef Morgan's Kitchen through a separate, written agreement;
•    Accessing or attempting to access the Website through automated means;
•    Circumventing the technological protection measures of the Website;
•    Vandalizing the Website;
•    Using any malware or otherwise harmful or malicious code in connection with the Website;
•    Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
•    Disrupting or otherwise interfering with the Website or its associated servers or networks;
•    Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
•    Diverting or attempting to divert customers of the Website to another website or service;
•    Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
•    Encouraging or assisting any other party to do anything violating the terms of the Agreement.
•    Chef Morgan's Kitchen reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. Chef Morgan's Kitchen also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

LIMITED LICENSE TO USE THE WEBSITE

You acknowledge and agree that the Website is owned or licensed by Chef Morgan's Kitchen and is protected by United States and international laws, including intellectual property and other proprietary rights. Your use of the Website is limited to the permissions granted under this Agreement, and you expressly agree not to use the Website in any manner not authorized by these terms. Chef Morgan's Kitchen reserves all rights not explicitly granted in this Agreement.

Chef Morgan's Kitchen provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Website for its customary and intended purposes. You are prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.

IDEA SUBMISSION POLICY

Chef Morgan's Kitchen may enable you to submit ideas or feedback through the Website. By doing so, you agree that any ideas or feedback you provide will automatically become the property of Chef Morgan's Kitchen, and you will not receive any compensation for your submission or its use. You understand and agree that Chef Morgan's Kitchen may use or redistribute your ideas or feedback for any purpose and in any manner without any obligation to keep them confidential.

ORDERING AND WEBSITE POLICIES

You understand and agree that the Website may be subject to additional terms or policies, including Chef Morgan's Kitchen's Discount Policies and Shipping Policies, which are incorporated by reference as if fully stated here. By continuing to use the Website after being presented with these terms, you accept and agree to them. Chef Morgan's Kitchen reserves the right to discontinue, modify, amend, or replace these policies without prior notice and at its sole discretion. Your continued use of the Website after any such changes signifies your acceptance of and Agreement to those changes.

PAYMENT

Each order submitted to Chef Morgan's Kitchen through the Website is an offer to Chef Morgan's Kitchen to buy the product(s) listed in the order. When you order a product through the Website, Chef Morgan's Kitchen will send you an email confirming receipt. 

Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute Chef Morgan's Kitchen's acceptance of your order. No order will be deemed to have been accepted by Chef Morgan's Kitchen until Chef Morgan's Kitchen ships the product(s) contained within the order to you.

Payment for all orders placed through the Website must be made at the time of ordering. You are responsible for paying any applicable taxes or charges imposed by governmental entities worldwide related to your use of the Website or purchase of goods through it. All costs and fees are quoted and payable in United States Dollars. Chef Morgan's Kitchen is not liable for any foreign transaction fees or other charges imposed by your financial institution or Chef Morgan's Kitchen's payment processor. You agree not to initiate any chargebacks to Chef Morgan's Kitchen without prior written authorization. If you do initiate a chargeback, you understand and agree that you will be responsible for any associated costs.

PRODUCT PRICING AND AVAILABILITY

While Chef Morgan's Kitchen strives to maintain accurate product availability and pricing information on the Website, occasional discrepancies may occur. These could include incorrect prices or inaccuracies in the stock status of certain products. All product listings on the Website are invitations to engage in transactions, and Chef Morgan's Kitchen reserves the right to adjust prices before shipment. If Chef Morgan's Kitchen identifies an incorrect price or an out-of-stock product listed on the Website, we will make reasonable efforts to notify you promptly and discuss the issue.

SHIPPING AND RETURNS

You understand and agree that the shipping and return of products purchased through the Website is subject to Chef Morgan's Kitchen Shipping and Return Policies, which will be displayed on the Website and may be discontinued, modified, amended, or replaced at any time, without prior notice, and in Chef Morgan's Kitchen sole and absolute discretion. You are directed to review Chef Morgan's Kitchen Shipping and Return Policies, which are incorporated by reference in their entirety as if fully reinstated herein, before making any orders through the Website. Continued use after being presented with the Shipping and Return Policies constitutes your manifestation of assent to and acceptance of the Agreement of the same.

PROPRIETARY RIGHTS

You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of Chef Morgan's Kitchen. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data or content contained therein. You acquire only a limited license to use the Website subject to the terms of the Agreement. Chef Morgan's Kitchen reserves all other rights.

TRADEMARKS

You acknowledge and agree that all trademarks, trade names, design marks, or logos displayed on or through the Website by Chef Morgan's Kitchen, including, but not limited to, Chef Morgan's Kitchen and chefmorganskitchen.com, are common law or registered trademarks owned by or licensed to Chef Morgan's Kitchen. You are expressly prohibited from using the trademarks of Chef Morgan's Kitchen to confuse, cause mistakes in, deceive consumers, or falsely designate the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Chef Morgan's Kitchen in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

TAXES

You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your Website use. Chef Morgan's Kitchen will report all income payments from you to Chef Morgan's Kitchen to all proper taxing authorities.

TERM AND TERMINATION

This Agreement shall commence upon your initial access to the Website and will remain in effect until terminated by Chef Morgan's Kitchen. Chef Morgan's Kitchen reserves the sole and absolute right to terminate the Website or your access to it without prior notice, for any reason, including but not limited to, your breach of this Agreement or its terms.

DISCLAIMER REGARDING THE ACCURACY OF VENDOR INFORMATION

Product specifications and other information displayed on the Website are sourced from third-party product vendors or gathered from publicly available sources. While Chef Morgan's Kitchen strives to maintain accuracy, we cannot guarantee the reliability or completeness of all information on the Website. Chef Morgan's Kitchen does not provide any warranties or representations regarding the products offered by third-party vendors or manufacturers. You acknowledge that any reliance on representations or warranties provided by third-party vendors or manufacturers is at your own discretion and risk.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT CHEF MORGAN'S KITCHEN WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE OR TRANSACTIONS THAT OCCUR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT CHEF MORGAN'S KITCHEN LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO CHEF MORGAN'S KITCHEN OR $1,000, WHICHEVER IS LESS. CHEF MORGAN'S KITCHEN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF ITEMS PURCHASED THROUGH THE WEBSITE. ITEMS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES FROM CHEF MORGAN'S KITCHEN, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU. CHEF MORGAN'S KITCHEN WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, PERSONAL INJURY, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE ITEMS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, DEATH, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF ITEMS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT CHEF MORGNA'S KITCHEN LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO CHEF MORGAN'S KITCHEN OR $1,000, WHICHEVER IS LESS. All information contained on the Website, including information relating to medical and health conditions, products, and treatments, is for informational purposes only. Such information is often summarized or presented in aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professionals or any information contained on or in any product packaging or labels. Chef Morgan's Kitchen is not responsible for any statements or claims that various manufacturers make about their products and cannot be held responsible for typographical errors or product formulation changes. THE INFORMATION CONTAINED ON THIS SITE SHOULD NOT BE USED FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING MEDICATION. YOU SHOULD CAREFULLY CONSULT ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THIS SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR ILLNESS.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Chef Morgan's Kitchen, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from and against any losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of any item through the Website, (iii) your violation of any term or condition of this Agreement; (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Chef Morgan's Kitchen will not provide you with the ability to control Chef Morgan's Kitchen's defense, and Chef Morgan's Kitchen reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

CHOICE OF LAW AND STIPULATION TO JURISDICTION

You and Chef Morgan's Kitchen agree that any dispute arising out of or related to the Agreement or your use of the Website, including, but not limited to, your purchase or use of products through the Website, will be governed by the laws of the State of Florida, without regard to its conflict of laws rules. Specifically, the Agreement's validity, interpretation, and performance will not be governed by the United Nations Convention on the International Sale of Goods.

FORCE MAJEURE

Chef Morgan's Kitchen will not be responsible for any delay or failure in the performance of the Website or its associated products arising out of any cause beyond Chef Morgan's Kitchen's control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, shipping delays, accidents, or other matters beyond the control of Chef Morgan's Kitchen.

SURVIVABILITY

The representations, warranties, duties, and covenants made by you under the Agreement will survive the termination of the Agreement, or the Website, including, but not limited to, your duty to indemnify and defend Chef Morgan's Kitchen.

INTERPRETATION

The Agreement will be deemed to have been drafted by both parties, and the terms and conditions of the Agreement will not be interpreted against its drafter.

ASSIGNMENT

You are expressly prohibited from assigning your rights and duties under this Agreement. Chef Morgan's Kitchen reserves the right to assign its rights and duties under this Agreement, including in a sale of Chef Morgan's Kitchen or its Website.

WAIVER AND INTEGRATION

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is written and signed by the party to be charged. The Agreement is the Agreement between the parties and supersedes all previous agreements or representations between the parties.