Port Chef Terms of Service
Last updated: 04/01/2025
PLEASE READ THESE TERMS CAREFULLY. SECTION 16 INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER AND SECTION 18 INCLUDES A CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES ARE RESOLVED.

Acceptance of Terms; Modifications. These Terms of Service (the “Terms”) are a binding legal agreement between you and Port Chef Corp., a company incorporated under the laws of the State of Delaware with a registered office at 611 South DuPont Highway Suite 102 Dover, Delaware 19901 (“Port Chef,” “we,” “us” and “our”). The Terms govern your use of the Port Chef Platform. Our website (https://portchef.com) (the “Site”), mobile application (the “App”) and related services, information and communications are collectively referred to as the “Port Chef Platform”. The Port Chef Platform provides resources and services to connect local chefs with customers looking for personalized, home-cooked meals, including facilitating communication and arranging for the provision of personal chef services, and any other services or products we may offer from time to time (collectively, our “Port Chef Service”).

The use of all personal data you submit to the Port Chef Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available on our website or mobile app. You acknowledge that by using the Port Chef Platform you have reviewed the Privacy Policy.

BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE PORT CHEF PLATFORM WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE PORT CHEF PLATFORM.

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 16 below) when we post the modified Terms on the Port Chef Platform, unless otherwise required by applicable law. Your continued access and use of the Port Chef Platform after we post the modified Terms will constitute your consent to be bound by the modified Terms.

Port Chef Platform.

Nature of the Port Chef Platform. The Port Chef Platform consists of a desktop Web application, mobile application, and other related tools, support and services that customers looking for personalized, home-cooked meals, including any other individuals present during the provision of Chef Services (“Clients”) and local chefs (“Chefs”) can use to find, communicate with and interact with each other. We charge fees for some aspects of the Port Chef Platform, as described below in Section 8.

Port Chef does not provide Chef Services. Port Chef is a neutral venue for Chefs and Clients. Port Chef is not a Chef and, except for resources and support specifically described in these Terms, does not provide chef services. We make no representations or warranties about the quality of the food, experience, cleaning, or other services provided by Chefs (“Chef Services”), or about your interactions and dealings with Chefs or Clients, as applicable. Chefs listed on Port Chef are not under the direction or control of Port Chef, and Chefs determine in their own discretion how to provide Chef Services. Though we provide general guidance on our Site to Chefs about food safety and customer service and to Clients about selecting and engaging Chefs, Port Chef does not employ or recommend Chefs or Clients, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Chefs or Clients, whether online or offline. We conduct an initial review of Chef profiles and we facilitate Background Checks (as described in Section 9, below) on Chefs conducted by a third party, but, except where explicitly specified in these Terms (and then only to the extent specified), we do not perform additional screening of Chefs or Clients. You should exercise caution and use your independent judgment before engaging a Chef, providing Chef Services, or otherwise interacting with users via the Port Chef Platform. Clients and Chefs are solely responsible for making decisions that are in the best interests of themselves, their guests, and their property. For example, each Client of the Port Chef Platform is responsible for keeping the Chefs informed of any dietary restrictions or allergies, and we will have no liability for anyone’s failure to communicate any dietary restrictions or allergies.

Release. SUBJECT TO SECTION 15 BELOW, PORT CHEF HAS NO LIABILITY FOR ANY CLAIMS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS AND THE ACTS AND/OR OMISSIONS OF CHEFS AND CLIENTS, WHETHER ONLINE OR OFFLINE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE AND/OR PROVISION OF CHEF SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

Transactions are between Clients and Chefs. Port Chef encourages Users to use the Port Chef Platform to interact with other Users as opposed to interacting outside of the Port Chef Platform as Port Chef believes the Port Chef Platform provides a safer environment to interact. Notwithstanding the foregoing, while the Port Chef Platform may be used to find and offer Chef Services and to facilitate payment, all transactions conducted via the Port Chef Platform are between Clients and Chefs. Except for the limited refunds specified in Section 8, you agree that Port Chef has no liability for damages associated with Chef Services (which may include bodily injury to, or death of, you, your guests, or your children) or resulting from any other transactions between users of the Port Chef Platform.

Bookings. Clients and Chefs transact with each other on the Port Chef Platform when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Chef Services via the booking mechanism provided on the Port Chef Platform (a “Booking”). A Booking may be initiated by a Client by selecting the type(s) of Chef Services to be provided and then following the prompts that appear on-screen. If you are a Client and you initiate a Booking, you agree to pay for the Chef Services described in the Booking when you click “Request to book.” All requests are subject to acceptance by the applicable Chef. The Chef is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. Once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.

Clients are Solely Responsible for Evaluating Chefs. Clients are solely responsible for evaluating the suitability of Chefs for the services they offer to provide. Though Port Chef performs a limited review of Chef profiles and facilitates Chef Background Checks conducted by a third party, any such screening is limited, and Port Chef does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Port Chef does not endorse reviews of Chefs by other Clients that may be available via the Port Chef Platform, and Port Chef makes no commitments that such reviews are accurate or legitimate.

Certification of Compliance with Applicable Law. By accessing and using the Port Chef Platform, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Port Chef Platform.

For Clients, this means, among other things, that you have obtained and will maintain any mandatory insurance policies concerning yourself and your property that will interact in any manner with the Chefs (and that such policies will benefit third parties, including Chefs, to the same extent they benefit you).

For Chefs, this means, among other things, that you certify that you are legally eligible to provide Chef Services in the jurisdiction where you provide Chef Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to provide Chef Services legally; and that, when providing Chef Services, you will comply with applicable food safety and similar laws. You acknowledge that Port Chef is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.

Use of the Port Chef Platform; Suspension.

Your Conduct on the Port Chef Platform. When you use the Port Chef Platform, you agree:

To use the Port Chef Platform only in a lawful manner and only for its intended purposes.
Not to submit viruses or other malicious code to or through the Port Chef Platform.
Not to use the Port Chef Platform, or engage with other users of the Port Chef Platform, for purposes that violate the law.
Not to use the Port Chef Platform to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Port Chef Platform.
Not to use the Port Chef Platform for purposes of competing with Port Chef or to promote other products or services.

Not to post reviews that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
Not to post “spam” or other unauthorized commercial communications.
To use the Port Chef Platform only for your own purposes, and not to impersonate any other person.
Not to transfer or authorize the use of your account for the Port Chef Platform by any other person, or to engage in fraudulent transactions.
Not to provide false information in your profile on, or registration for, the Port Chef Platform, or to create multiple or duplicate accounts.
Not to interfere with our provision of, or any other user’s use of, the Port Chef Platform.
Not to solicit another user’s username or password for the Port Chef Platform or any other sensitive personal information, including bank details.

Suspension and Termination. You understand and agree that we have no obligation to provide the Port Chef Platform in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Port Chef Platform: (1) if in our discretion your conduct on the Site, App or Port Chef Platform is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) if necessary in our discretion to protect Port Chef, its users, or the public. You may suspend or terminate your use of the Port Chef Platform at any time and for any reason. If you wish to deactivate your account, you can deactivate your account directly in the main menu of the App, or please contact Port Chef. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.

Your Content.

Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Port Chef Platform or otherwise in connection with using the Port Chef Platform and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Chefs are invited to create a profile page with a photograph and other information, while Clients may submit reviews of Chefs.

License. Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, to the maximum extent and duration permitted under any applicable law, you grant Port Chef an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Port Chef Platform, and to sublicense these rights to third parties.
Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Port Chef and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 6 above and the other provisions of these Terms.

Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 6 above and make the release in Section 6 above with respect to Your Content; (2) that you have any necessary consents and releases from individuals who appear in Your Content; and (3) Your Content does not violate the law or these Terms.

Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Port Chef Platform. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.

Reviews. The Port Chef Service may provide the ability to leave public and/or private reviews of Chefs and Clients. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that Port Chef has no obligation to preserve or indefinitely store any reviews. We have no obligation to provide you with the content of any reviews about you submitted by other users of the Port Chef Platform, whether before or after deactivation of your account for the Port Chef Platform. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Port Chef Platform at any time.

Phone, Text and Mobile Communications.

Consent to Text Messages and Other Communications. You consent to receive from or on behalf of Port Chef communications containing service-related information (including technical notices, updates, security alerts and support and administrative messages), and/or sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, text messages, email, over-the-top messaging platforms (such as WhatsApp), and other electronic means, at any phone number or email address you provide in connection with your account, even if your phone number is on the national or any state’s do-not-call registry. Your carrier's normal messaging, data and other rates and fees may apply to these communications. You are not required to provide this consent to receive autodialed sales, marketing, or advertising messages as a condition of purchasing anything or using the Port Chef Platform, and you may opt-out of receiving such messages at any time as described in our Privacy Policy (though you may continue to receive messages while Port Chef processes your request).

Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your Port Chef account information promptly to ensure that messages are not sent to the person who acquires your old number.

Fees & Payment.

Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Port Chef Platform are listed in United States Dollars.

Fees for Clients. Clients may purchase Chef Services from a Chef by completing a Booking as described in Section 2. If you are a Client, you enter into a transaction with the Chef when you accept a Booking, and you agree to pay the total amount indicated in the Booking, which includes service fees payable to Port Chef. The Chef, not Port Chef, is responsible for performing the Chef Services. Where required by law, the amount charged will be inclusive of applicable taxes.

Fees for Chefs. Chefs may agree to provide Chef Services to a Client by agreeing to a Booking as described in Section 2. If you are a Chef, you must confirm the Booking before it expires or the Client will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of Chef Services is a transaction between the Client and the Chef. Port Chef’s role is to facilitate the transaction. We will (either directly or indirectly through an authorized third party) collect payment from the Client at the time of Booking and (except to the extent of any payment hold pursuant to Section 8 below) initiate payment to the Chef’s account fourteen (14) days after completion of the service period indicated in the Booking. Fees received by a Chef are equal to the price a Client agrees to pay a Chef in a Booking and are collected from each Booking, less any service fee paid by the Client.

Service Fees. We charge service fees for each Booking. Service fees are payable by the Client and are calculated as a percentage of the fees a Client agrees to pay to a Chef in a Booking and is collected from each Booking.

Cancellations & Refunds.

Cancellations by Chef. If a Chef cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Client for Chef Services not provided, as well as any service charge paid to Port Chef. If you repeatedly cancel accepted Bookings without justification, Port Chef may deactivate your account.

Cancellations by Clients. If a Client cancels a Booking within forty-eight (48) hours of the time listed in a Booking, the Client will receive no refund and the Chef shall receive the full amount of agreed upon fees. If a Client cancels a Booking greater than forty-eight (48) hours but less than one (1) week from the date and time listed in a Booking, the Client will receive only a fifty percent (50%) refund of the fees paid and the Chef shall receive fifty percent (50%) of agreed upon fees. If a Client cancels a Booking greater than one (1) week prior to the date and time listed in a Booking, the Client will receive a full refund and the Chef shall not receive any fees.

General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Port Chef Platform to do so. The date of cancellation is the date that a user cancels through the Port Chef Platform, regardless of any separate communications between users outside of the Port Chef Platform.

Payment Disputes; Payment Outside of the Port Chef Platform. Port Chef initiates payments to Chefs fourteen (14) days after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the Client and Chef, and Port Chef has no obligation to mediate or facilitate any resolution. Further, Port Chef has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Port Chef Platform.

Discretionary Refunds for Failure to Perform. In our reasonable discretion, if we determine that a Chef has failed to provide Chef Services as agreed with the Client or is otherwise in breach of these Terms, then we may cancel a Booking and/or issue a full or partial refund to a Client.

Payment Holds. If you are a Chef, Port Chef reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 8 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reasons involving protection of Port Chef, the Port Chef community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the foregoing circumstances.

Authorization to Charge. When you pay for Chef Services or for other services on the Port Chef Platform, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. Port Chef’s role is to facilitate payments from Clients to Chefs as a limited payment agent for the Chef. You authorize us to charge your credit card or other payment method for fees you incur on the Port Chef Platform as they become due and payable, and to charge any alternative payment method Port Chef has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Port Chef nor the Chef will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Port Chef Platform are non-refundable once paid.

Taxes. Except for taxes on Port Chef’s income and gross receipts or where Port Chef is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Chef Services via the Port Chef Platform. This includes, without limitation, any form of sales tax or income tax on fees paid or received by you through the Port Chef Platform. In certain jurisdictions, Port Chef may be required by law to collect and/or report tax information about you. You agree to provide us with documentation that we determine to be necessary for us to fulfill those obligations and, if you fail to do so, that Port Chef may suspend or deactivate your account until such documentation is provided.

Payment Processing. Payment processing services may be provided by one or more third-party payment processors. Port Chef reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion. As of this date, payment processing is provided by Stripe, and is subject to the Stripe Services Agreement (available at https://stripe.com/legal), and, if you are receiving payments via the Port Chef Platform, the Stripe Connected Account Agreement (available at https://stripe.com/connect-account/legal) (collectively, the “Stripe Terms”). In order to use the Port Chef Platform to receive payment, you may be required to set up a Stripe account and accept the Stripe Terms. You authorize Port Chef to obtain all necessary access to, and perform all necessary activity on (including requesting refunds where appropriate), your Stripe Connected Account to facilitate payment related to Chef Services you purchase or provide. You agree to provide accurate and complete information about you and your business, and authorize Port Chef to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. You further agree that, as permitted by law and in accordance with these Terms: (a) you appoint Port Chef to act as your agent for the sole purpose of accepting payments, on your behalf, from Clients for the Chef Services that you provide to them and to cause such payments to be delivered to you; (b) any such payment received via the Port Chef Platform shall be deemed payment to you; and (c) in the event of non-delivery of such payment, your sole recourse is against Port Chef and you will not seek payment from Clients.

Background Checks and Identity Verifications. Port Chef requires all Chefs to undergo a criminal records check, a sex offender registry check, and a motor vehicle records checks (collectively, “Background Checks”). We do not provide, and are not responsible or liable in any manner for, the Background Checks, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or the accuracy, timeliness or completeness of any information in the Background Checks. We do not independently verify information in the Background Checks.

By undergoing a Background Check via the Port Chef Platform, you hereby authorize and consent to the collection, use and disclosure of the information in the Background Check to the third-party consumer reporting agency , and you agree to provide complete and accurate information for your Background Check. You authorize Port Chef to obtain “consumer reports” and/or “investigative consumer reports” at any time after receipt of your authorization and consent and throughout your engagement with Port Chef, as permitted by applicable law.

You understand and agree that Port Chef may review and rely on the information in the Background Check in deciding whether to suspend or terminate or investigate a complaint about a Chef or Client, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check is not accurate, timely or complete. If you are the subject of a Background Check, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You may contact Port Chef to dispute a decision to suspend or terminate your account that is based in whole or in part on the results of the Background Check. You agree that Port Chef’s rights and obligations under the Arbitration Agreement (set forth in Section 16, below) inure to the benefit of the consumer reporting agency used for Background Checks in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Port Chef reserves the right to deny or terminate your access to the Port Chef Platform based on information in the Background Check or for any other violation of these Terms, as permitted by applicable law.

Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Platform, Port Chef may but is not obligated to re-run Background Checks on any users. Background Checks may also vary by type, breadth and depth, and the results may exclude the following:

Counties where the individual has no address history.
Information not available (or which is delayed in being reported) in particular jurisdictions, which could include arrest logs and records, sex offender history, and motor vehicle records.
Information that may not be reported or may not appear in the public record, such as juvenile records and expunged convictions.
Arrests or convictions in foreign countries.
Civil records or traffic violations, unless a jurisdiction reports them as criminal offenses.
Records that Background Check agencies are prohibited from reporting due to federal, state or local laws, for example, arrests not resulting in convictions.
Any other information not reported by third-party Background Check agencies.

You should always exercise caution and use your independent judgment before engaging a Chef, providing Chef Services, or otherwise interacting with users via the Port Chef Platform. Background Checks are not a substitute for conducting thorough interviews (such as during meet-and-greets) and independently evaluating and inquiring into the individual you engage with.

Copyright Infringement.

Port Chef follows the procedures of the Digital Millennium Copyright Act. We will respond to claims of copyright infringement that are reported in accordance with this Section. It is our policy, in appropriate circumstances, to deactivate or terminate the access of users who repeatedly infringe or are repeatedly charged with infringing others’ copyrights or other intellectual property rights.

If you believe in good faith that your copyrighted work has been infringed by content posted on the Port Chef Platform, please provide us with a written notice that includes all of the following information:

A description of the copyrighted work you believe to have been infringed;
A description of the URL or other location on our Site of the material you believe to be infringing;
Your name, mailing address, telephone number and email address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, which you make 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; and
An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Please send the written notice to Port Chef at:

Port Chef Corp.
Attention: Copyright Notice
11 Squire Way
East Kingston, NH 03827
support@portchef.com


Third Party Services, Links.

The Port Chef Platform may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnity.

TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PORT CHEF HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Port Chef Platform; (2) breach of these Terms; (3) disputes with other users of the Port Chef Platform; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to Chefs, Clients, or third parties caused by you; (6) Your Content; or (7) your use of any Background Check information in violation of any applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

Intellectual Property.

Port Chef Platform. Port Chef and its licensors retain all right, title and interest in and to the Port Chef Platform, the technology and software used to provide it, all electronic documentation and content available through the Port Chef Platform (other than Your Content), and all intellectual property and proprietary rights in the Port Chef Platform and such technology, software, documentation and content. Except for your rights to access and use the Port Chef Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Port Chef Platform any feedback or suggestions for improvement that you provide to us concerning the Port Chef Platform, without any obligation of compensation.

Port Chef Trademarks. Port Chef owns all rights in and to its trademarks, service marks, brand names and logos (the “Port Chef Marks”). If you are a Chef, subject to these Terms, Port Chef grants you, for so long as you are in good standing on the Port Chef Platform, a limited, revocable, non-exclusive, non-transferable license to use the Port Chef Marks solely to the extent specifically authorized in writing via the Port Chef Platform. As a condition of your use of the Port Chef Platform and the foregoing license, you agree that (1) you have no ownership rights in the Port Chef Marks and all goodwill associated with your use of the Port Chef Marks inures solely to the benefit of Port Chef, (2) such license immediately terminates upon your ceasing to be a Chef in good standing, whether at your own option or because Port Chef suspends or terminates your rights to use the Port Chef Platform, (3) Port Chef may terminate your right to use any and all Port Chef Marks at any time for any or no reason in Port Chef’s sole discretion, and (4) you will not adopt or use any Port Chef Marks other than as explicitly authorized by Port Chef, and you will not use, register, or apply to register the Port Chef Marks, the term Port Chef, or any other term that includes the term Port Chef, or any other similar term, as a business name, trade name, trademark, domain name, social media profile name, or any other indicator of source.

Warranty Disclaimer for the Port Chef Platform. The information and materials found on the Port Chef Platform, including text, graphics, information, links or other items, are provided “as is” and “as available.” Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Port Chef Platform, but not directly by Port Chef, are those of their respective authors, who are solely responsible for such content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORT CHEF DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE PORT CHEF PLATFORM; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PORT CHEF; (3) WARRANT THAT YOUR USE OF THE PLATFORM WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PORT CHEF PLATFORM WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PORT CHEF EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PORT CHEF PLATFORM, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY CHEF THAT OFFERS CHEF SERVICES VIA THE PORT CHEF PLATFORM.

Limitation of Liability.

Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Port Chef be liable to you for any indirect, special, incidental, or consequential damages, including travel expenses, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Port Chef Platform, including without limitation damages related to any information received from the Port Chef Platform, removal of your profile information or review (or other content) from the Port Chef Platform, any suspension or termination of your access to the Port Chef Platform, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Port Chef Platform, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PORT CHEF’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PORT CHEF PLATFORM OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO PORT CHEF (SPECIFICALLY EXCLUDING AMOUNTS PAID TO CHEFS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID PORT CHEF FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD. NOTWITHSTANDING THE FOREGOING, WITH RESPECT TO A CLAIM BY A CHEF FOR NON-DELIVERY OF PAYMENT FROM CLIENTS THAT PORT CHEF RECEIVES ON SUCH CHEF’S BEHALF PURSUANT TO SECTION 8, PORT CHEF’S LIABILITY SHALL NOT EXCEED THE AMOUNT THAT PORT CHEF FAILED TO DELIVER TO THE CHEF PURSUANT TO THESE TERMS.

No Liability for non-Port Chef Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PORT CHEF BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PORT CHEF PLATFORM, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PORT CHEF PLATFORM, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PORT CHEF PLATFORM, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

IF YOU HAVE A DISPUTE WITH A CHEF OR CLIENT, YOU AGREE TO RELEASE PORT CHEF FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL PORT CHEF BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A CLIENT OR CHEF FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Arbitration Agreement and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY, AS IT PRESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED.

Arbitration Agreement; Claims. This Section 16 is referred to as the “Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 16 below, you and Port Chef (together, the “Parties”) agree that any and all disputes or claims that arise between you and Port Chef relating to the Port Chef Platform, interactions with others on the Port Chef Platform, or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims, will be resolved as set forth in this Arbitration Agreement. “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims brought by Port Chef arising out of or related to a violation of Section 4, above, (3) claims in which either party seeks injunctive or other equitable relief for alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents) or emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack), and (4) claims that an arbitrator determines cannot be made subject to arbitration as described in Section 16 below.

Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 16 below, you and Port Chef agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. You and Port Chef agree that the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims. If there is a final determination by the arbitrator (or the court, if required by law) that applicable law precludes enforcement of the Arbitration Agreement as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy will be severed and stayed pending arbitration of the remaining claim, cause of action or requested remedy.

Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND PORT CHEF AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PORT CHEF AGREE OTHERWISE, YOU AGREE THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PORT CHEF PLATFORM USERS.

Notwithstanding any other provision of this Arbitration Agreement or the Rules (as defined below), disputes regarding the interpretation, applicability, or enforceability of this Section 16 may be resolved only by a court and not by an arbitrator. In any case in which (a) the dispute is filed as a class, collective, or representative action and (b) there is a final judicial determination that this Section 16 is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then: (i) that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and stayed; (ii) this Section 16 shall be enforced in arbitration on an individual basis as to all such remaining claims or remedies to the fullest extent possible; and (iii) the stayed claims and/or remedies may be brought in a court of competent jurisdiction after all remaining claims are resolved by the arbitrator.

Pre-Arbitration Dispute Resolution. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. Before you commence arbitration, you must first contact us in writing to explain your complaint and give us an opportunity to work with you to resolve it. You or your legal representative, if you have one, may contact us by mail at 3500 Rockmont Drive Apt 3302 Denver, CO 80202. Your written complaint must include your name, the email address associated with your account, a detailed description of the nature and basis of the dispute, and the specific relief sought. Your written complaint must be on an individual basis and personally signed by you. For any dispute that Port Chef initiates, a written complaint will be personally signed by a Port Chef representative and sent to the email address associated with your account. If the issue is not resolved within 30 days after receipt of the written complaint, either party may initiate arbitration as specified in “Arbitration Procedures”.

Arbitration Procedures. As used in this Section 16, the applicable arbitration rules described below are referred to collectively as the “Rules”.

For disputes arising in the US, the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (as modified by the JAMS Consumer Arbitration Minimum Standards in cases of consumer arbitrations) (the “JAMS Rules”) in effect at the time a claim is made, currently available at https://www.jamsadr.com/rules-streamlinedarbitration and https://www.jamsadr.com/consumer-minimum-standards/, respectively.

In all cases, the arbitrator will decide the substance of all claims in accordance with law as specified in Section 17, below, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall dismiss an arbitration demand on the pleadings if it does not contain sufficient factual matter to state a claim to relief that is plausible on its face. Any arbitration demand must be personally signed by you or by a Port Chef representative. The arbitration will be held in the county in which you reside or at another mutually agreed location.

All Rules, as modified by this Arbitration Agreement, are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control, unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator also must follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 15. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, providing a concise written statement of the essential findings and conclusions on which the award is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.

The arbitrator will not be bound by rulings in prior arbitrations involving different Port Chef users, but will be bound by rulings in prior arbitrations involving the same Port Chef user to the extent required by applicable law. As limited by applicable law, these Terms and the applicable Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.

Costs of Arbitration. Payment of all filing, administration, case management, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the applicable Rules. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. At the end of any arbitration, the arbitrator may award reasonable attorney’s fees and costs or any portion thereof to either party upon determining that the claim, cross-claim, or defense is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) to the extent authorized by applicable law.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all Parties.

Severability. If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will remain valid and enforceable, provided that if the finding of partial invalidity or unenforceability results in a final determination that the class action waiver set forth in Section 16 fails with respect to all of the claims in arbitration, then Section 16 will be unenforceable in its entirety.

Opt-Out Procedure. You can choose to reject your agreement to arbitration and your waiver of the right to bring or participate in class or representative actions by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section 16. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to Port Chef Corp., Attn: Legal, 3500 Rockmont Drive Apt 3302 Denver, CO 80202. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and the class action waiver and must include your name, address, phone number, and the email address(es) used to register for the Port Chef Platform to which the opt-out applies. You must personally sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement and class action waiver. If you opt out of the agreement to arbitrate and the waiver of the right to participate in class and representative actions, none of the arbitration provisions will apply to you and you will not waive your right to engage in class or representative actions, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Arbitration Agreement and did not validly opt out of it. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 17.

Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Port Chef prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Port Chef prior to the effective date of removal.

Governing Law and Jurisdiction.

These Terms and any dispute between you and Port Chef, will be governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 16 (the Arbitration Agreement). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement does not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Port Chef must be resolved exclusively by a state or federal court located in the State of Delaware, and you and Port Chef agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.

Class Action Waiver.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PORT CHEF AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PORT CHEF SERVICE USERS.

Force Majeure.

Port Chef shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar disasters. Also, in such an event, the cancellation policies described in Section 8 may not apply and Port Chef may, in its reasonable discretion, issue refunds under terms that vary from a Chef's selected cancellation policy.

Miscellaneous.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Chefs from offering chef services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms will continue to apply even after your relationship with Port Chef ends.

If you have any questions about these Terms of Service or about the Port Chef Platform, please contact us by email at support@portchef.com.