Privacy Policy

Updated April 10, 2020

Privacy Policy

Updated March 25, 2021

Hello and welcome to Natural Chef and our Terms & Conditions (henceforth “terms”). These Terms are important and affect your legal rights, so please read them carefully and print them for future reference.   These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.  
 Natural Chef Texas Inc. dba Natural Chef (“NATURAL CHEF”, “WE,” “OUR,” “US” AND/OR “COMPANY”.BY CLICKING ON THE “SUBSCRIBE” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR ACCESSING (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE, SUBSCRIPTION, OR THE OFFERINGS (AS DEFINED BELOW).   IF YOU SUBSCRIBE TO THE SERVICE (AS DEFINED IN SECTION 5 BELOW) FOR A TERM, THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT NATURAL CHEF SUBSCRIPTION FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 5.2 AND 10.3 BELOW. PLEASE BE AWARE THAT SECTION 24 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT.  SECTION 1:INFORMATION ABOUT US   Natural Chef Inc. dba Natural Chef is a C-Corporation incorporated in The State of Colorado with general corporate offices at: 600 17th Street, Suite 2800S Denver, CO 80202.d   Natural Chef Texas Inc. dba Natural Chef is a C-Corporation incorporated in The State of Texas with general corporate offices at: 108 Wild Basin Street So., Suite 260, Austin, Texas 78730.   SECTION 2: SERVICE AVAILABILITY & STATUS:   Natural Chef are intended for use by individuals in the United States of America (henceforth, “United States”). At this time, we do not accept orders from individuals outside the United States Countries. As such, by placing an order through our Site, you represent and warrant that you are: (1) of mental capacity to enter into this agreement; (2) are legally capable of entering into this agreement; (3) Are at least 18 years of age or older; (3) Are a resident of the United States; and (4) are accessing the Site from within the United States.   SECTION 3:
ADMENDENTS & MODIFICATION
  At our sole discretion, Natural Chef shall have the right to change, amend, add to, remove, or supplement the Agreement without notice to you, provided, however, that changes to the procedures applicable to the resolution of disputes shall only apply to disputes which arise after the modified or additional provision is published on the Site or App.   SECTION 4:NATURAL CHEF MEAL DELIVERY SUBSCRIPTIONS 4.1 SUBSCRIPTION SERVICES AND/OR SUBSCRIBING. In order to utilize Natural Chef Meal Delivery individuals will need to become a subscriber. For purposes of the Agreement, a “subscriber” is a user who has paid for a one of three subscription plans (henceforth, “plans”). Plans allow subscriber to order meals offered by Natural Chef.   4.2 COMMUNICATION. By providing your address, phone number, email, and other personal information through the Site or in connection with your order, receipt or use of our subscription and products, you consent to receive calls, emails, text messages, including calls or text messages sent through automatic telephone dialing systems and pre-recorded calls at any telephone number that you have provided us, in order for us to: (i) notify you about your account; (ii) provide you updates on the status of your order and/or delivery; (iii) collect an outstanding payment or debt; (iv) contact you about exclusive offers and for any other marketing or promotional purposes; and (v) send you cart reminders. Phone calls and Text Messages frequency varies. You can opt out of receiving further Text Messages or Calls at any time. Standard message and data rates applied by your mobile phone carrier may apply to the Text Messages we send you. Please contact your mobile phone carrier for details. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. Text Message services are provided on an “as is” basis. Any new or updated phone number you provide Natural Chef may receive our standing marketing Text Messages unless you also unsubscribe through the procedures provided in this section.   4.3 AUTO-RENEWAL(S). The Natural Chef Delivery Subscription consist of an initial charge followed by reoccurring periodic charges as agreed to by you.  THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. NATURAL CHEF MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY, MONTHLY AND/OR YEARLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (IN COMPLIANCE WITH THE CANCELLATION PROCEDURES IN SECTION 9.4) THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE NATURAL CHEF REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAEMAIL  SUPPORT@NATURALCHEFDELIVERY.COM  CALL  (800) 933-0461 IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF SERVICE.
ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE COMPLETED, SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE APPLICABLE CANCELLATION NOTICE PERIOD, AS DEFINED IN SECTION 9.4. YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.

FURTHERMORE, YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL TERMINATED IN ACCORDANCE WITH THE AGREEMENT. FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON 30 DAYS FORM THE TIME OF SIGNUP FOLLOWING THE END OF SUCH PERIOD AND CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU DEACTIVATE YOUR SUBSCRIPTION. TO DEACTIVATE YOUR SUBSCRIPTION, EMAIL SUPPORT@NATURALCHEF.COM CALL 
(800) 933-0461. FOR CANCELLATION PROCEDURES ARE IN SECTION 9.4 OF THIS AGREEMENT. IF YOU DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. BY SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE NATURAL CHEF TO CHARGE YOUR PAYMENT PROVIDER NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD. UPON RENEWAL OF YOUR SUBSCRIPTION, IF NATURAL CHEF DOES NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND AND (B) YOU AGREE THAT NATURAL CHEF MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED (UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE ACTIVATED AND FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL BEGIN AS OF THE DAY PAYMENT WAS RECEIVED).SECTION 5PAYMENT AND PRICING 5.1 PRICING ADJUSTMENTS. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes with your specific Subscription Rate. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription to the Service in accordance with these Terms. All prices shown on the Site and/or in the App are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site and/or in the App. Prices, taxes or other fees may vary geographically. The shipment of meal ingredients to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription in accordance with the Term’s Deactivation policies, found in Section 10.3.   5.2 SUBSCRIPTION PLAN ADD-ONS. Different features and other customized options may become available in addition to your plan, including, but not limited to, premium options, new product add-ons, and modified shipping options. These may change the price of your plan on a recurring basis. Should you have any questions about any of the options available under your plan, please visit www.naturalchefdelivery.com, email support@naturalchefdelivery.com or call (800) 933-0461.   5.3 PAYMENT. You agree to pay for all orders in accordance with the prices and billing terms in effect at the time an order is made. You also agree to pay all applicable taxes and shipping costs. To make an order from an Account, you must provide valid payment information (e.g. credit card, debit card, cryptocurrency, Apple Pay, and/or a Google Pay). By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) Natural Chef to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available, (3) Natural Chef to share payment information and instructions required to complete the payment transactions between Natural Chef, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your customer and/or subscriber information in the event of any change in your payment information. Natural Chef reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of product and/or meal, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. Natural Chef reserves the right to collect any outstanding payment due and may transfer the collection of your outstanding balance to a third-party collection agency.  5.4 TAXES. We will collect applicable sales, use and other tax (collectively, "Tax") on Products shipped to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase. If an item is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.   We will collect the simplified sellers use tax on Products delivered into Colorado and Texas and the tax will be remitted on your behalf to the Texas Comptroller and Colorado Department of Revenue. Our program account number with the Texas Comptroller ____ and Colorado Department of Revenue ____ .   5.5 FREE TRIALS. From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Free trials are limited to one (1) per household. 
ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTIONS 4.1 AND 4.2 ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.  5.6 GIFT CARDS. At times we may have Gift Cards available for purchase and/or you may receive a Gift Card. Gift Cards are virtual and non-transferrable. Unused G All Accounts are subject to the Terms in all respects. Natural Chef Gift Cards may be redeemed with Natural Chef Pantry. Redemption of Gift Cards will result in the application of a credit to your Gift Card balance. Any Gift Card balance will be applied toward your purchase of Offerings until the Gift Card is depleted. Any Gift Card that remains unused and/or have an outstanding balance after 30 days will be charge and initial ($5.00) and sequential five (5.00) every 30 days. Gift Cards are not redeemable for cash or credit. Gift Cards expires within six (6) months after purchase date. Notwithstanding the foregoing, Gift cards with balances of under $10.00 are redeemable for cash in the States of California, Texas, Massachusetts and Colorado. To make a request to redeem a gift card with a balance of under $10.00 in any of California, Texas, Massachusetts or Colorado, please email support@naturalchefdelivery.com. Natural Chef is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable. Natural Chef reserves the right to refuse to honor a Gift Card where Natural Chef suspects that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, email support@naturalchefdelivery.com immediately.   5.7 VOUCHERS. Natural Chef may offer discount promotions, free/discounted trials, or other types of vouchers (“Vouchers) A voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Natural Chef reserves the right to withdraw or deactivate any Voucher (other than one which has been purchased) for any reason, at any time. For the avoidance of doubt, and in accordance with the foregoing sentence, Natural Chef reserves the right to withdraw or deactivate any of your outstanding referral credits or similar Vouchers in the event your referral code is posted to a third-party website (excluding your own social media profile(s) or blogs), or if you otherwise violate this Agreement. Vouchers may only be redeemed through our Site, and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to this Agreement and any special conditions attached to the Voucher.  SECTION 6REPLACEMENT INGREDIENTS IN MEALS, FOOD PANTRY PRODUCTS, AND PROMOTIONAL INCLUSIONS  Given the perishable nature of many of our ingredients, and market conditions and product supply beyond our control, we reserve the right to adjust the quantity of any ingredients in meals, desserts, breads, pastries, and other food goods to discontinue the use of any ingredient or meals and Natural Chef Pantry Products, or to substitute any ingredients or entire Meal Kits, all without notice. While we make every effort to ensure that you are provided with the very best ingredients for our meals these switches may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. If you have any issues with any substitution, or either an ingredient or a meals and Food Pantry Products, please contact us at support@naturalchefdelivery.com or call (800) 933­-0461. Additionally, please note that, on occasion, Natural Chef will include products from our partners in our meal boxes which may contain some or all of the 8 major allergens (in addition to other ingredients). Please refer to Section 21.1 to review our allergen policy. Additionally, if you have any questions or concerns about any additional products or materials in your meal or Natural Chef Pantry Products Customer Service support@naturalchefdelivery.com or call (800) 933-0461.   SECTION 7NATURAL CHEF SERVICES   Natural Chef provides several services including, but not limited to Natural Chef Meal Delivery (a subscription service), Natural Chef Pantry (a cottage food producer), and Natural Chef Catering Services.   7.1 NATURAL CHEF MEAL DELIVERY As part of Natural Chef Meal Delivery, we offer a number of subscription options that you may choose from (henceforth, “Plan”). Each week you will receive prepared ready-to-eat meal(s) from Natural Chef (henceforth, “Prepared Meals”). You can find specific details regarding your plan on your receipt and/or invoice.     7.2. NATURAL CHEF PANTRY  Natural Chef Pantry is an online marketplace operated by Natural Chef Pantry where you can purchase, we offer stand-alone cottage food and/or baked goods, pastries, and other food items that you may purchase.  All Products purchased through Natural Chef Pantry are sold by Natural Chef.     7.3 NATURAL CHEF CATERING Natural Chef Catering is personal catering services to contracted clients and/or customers. All catering services are offered by Natural Chef and abide by all state and federal laws.  
SECTION 8ORDERING

8.1 NATURAL CHEF DELIVERY. Natural Chef ships meals Monday and runs through the following Friday. This means that Natural Chef Meal Delivery subscriptions every week from Monday through Friday. The time of delivery is based on you, the subscriber and/or customer, and when you place your order and allotted time for processing your order.   8.2 PROCESSING ORDERS FOR DELIVERY. Natural Chef prepares orders Monday through Friday. Orders placed with Natural Chef Meal Delivery take 24-48 hours to process. Processing times varies based on the volume of orders. All orders are processed in the first come, first serve basis.   8.3. ORDERING MEALS. You have the choice and/or option to order your weekly meals. To order a meal, Natural Chef Meal Delivery Subscribers will receive a weekly Order Form send via electronic mail (e-mail) their email inbox every Wednesday for the following week. Natural Chef is not responsible for lost, stolen, and/or misplaced (i.e., junk email/spam) Order Forms. Subscribers and/or customers will place their order by responding and/or answering the order form by the following Sunday at 11:59PM. Natural Chef will process order and submit receipt of order with estimated delivery day.  In the default you, the subscriber and/or customer, forget to select your meal, Natural Chef will select your meals for you and process your order.  8.4 CANCELLATION. Please note that the ability to change an order locks every Monday at 12:00 AM. Therefore, if you wish to deactivate your Account and/or cancel or change an order, you must do so before the day and time listed above. To deactivate your Account, please call Natural Chef Customer Care at (800) 933-0461or email support@naturalchefdelivery.com stating that you wish to terminate your account, along with your full name and registered email address. Where required, you may also deactivate your Account by accessing your Account on the Natural Chef website.    SECTION 9DELIVERY  9.1 RECEIPT OF THE MATERIALS. You are responsible for inspecting all Products for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. We recommend that you use a thermometer to ensure that the internal temperature of any meat, poultry or seafood Product is 40° F or below. In the unlikely event that such temperature is above 40° F, or you have any other reason to believe that any other Product in your delivery or purchase is not suitable for consumption, email support@naturalchefdelivery.com or call (800) 933-0461, or the applicable Third-Party Channel, and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.   If you are not at home when your meal delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to your courier. Our meal ingredients may be packaged with insulated liners and gel packs and will typically remain cold and fresh for several hours but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for immediate and proper storage of your meal ingredients prior to consumption. In certain areas, you may be able to provide additional delivery instructions with placing your order with Natural Chef, as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.   Notwithstanding anything provided above, packaging of and delivery instructions related to any Third-Party Purchase may vary depending on the applicable Third-Party Channel; accordingly, for the purposes of this Section 4.10, any deliveries of Third-Party Purchases may be subject to additional applicable Third-Party Terms.

9.2 DELIVERY DURING FORCE MAJUERE. In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control, including force majeure, that interfere with our ability to deliver your order, we will attempt to deliver your Order as soon as reasonably possible. If the delivery of your meal with Natural Chef Meal Subscription is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion or refund of a part or the whole of the purchase price for that Meal.     SECTION 10RETURNS, REFUNDS, REFUNDS, AND CREDITS.  If you are dissatisfied with a meal or meal ingredient ordered on our Sites for any reason, please contact us at support@naturalchefdelivery.com within seven (7) days of the date you received the meal. Depending on the circumstances, we may, in our sole discretion, replace the meal or meal ingredient at our expense, provide you a full or partial refund of the purchase price for that meal or meal ingredient, or provide you with Credits for that meal or meal ingredient that will automatically be applied to future deliveries under your Meal Subscription or Meal Purchases, as applicable. Notwithstanding the foregoing, Credits for certain types of Meal Purchases may require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which shall be communicated to you at the time of issuance.   If you are dissatisfied with any non-consumable Product you purchased from Natural Chef Pantry may return such Product at your own expense within thirty (30) days of the date you received such Product by contacting support@naturalchefdelivery.com and following the shipping instructions we provide; provided, that all such returned Products must be unused and in their original packaging. After we receive such returned Product, we will issue you a refund for the price you paid for such Product (less any applicable shipping and handling charges).
 
SECTION 11FORE MAJEURE
We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.   SECTION 12 PROPRIETARY RIGHTS   Natural Chef is the owner and operator of the Site. Additionally, Natural Chef is the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site, the App, or any Offerings. The Offerings are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws throughout the world.

Users are only permitted to use these materials in order to utilize Natural Chef’s Offerings for personal, non-commercial use. Any other use of Natural Chef’s materials, including modification, distribution, or reproduction for purposes other than the personal usage of Natural Chef’s Offerings, without written approval from Natural Chef (which can be provided through email) is prohibited.   SECTION 13COPYRIGHT AND TRADEMARKS
“Natural Chef” all other Natural Chef marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Natural Chef or otherwise proprietary to Natural Chef and may not be used by you for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through the Offerings are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Offerings. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Offerings.  13.1 OTHER CONTENT. Except with respect to your User Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the Offerings. 

13.2 PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRIDGEMENT. Natural Chef reserves the right to terminate any end-user’s access to the Offerings where that end-user infringes upon third-party copyrights. If you believe content posted on the App or Site infringes your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) 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. Correspondence to regarding notice of claims of copyright infringement should be sent to our copyright agent support@naturalchefdelivery.com.   SECTION 14 PROHIBITED USES   You may use Natural Chef only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Offerings:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

To impersonate or attempt to impersonate Natural Chef, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

To impersonate or attempt to impersonate Natural Chef, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or App, or which, as determined by us, may harm Natural Chef or users of the Site or expose them to liability.

Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.   Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Site.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.   Attack the Site via a denial-of-service attack or a distributed denial-of- service attack.

Otherwise attempt to interfere with the proper working of the Site.   SECTION 15 NON-USER THIRD PARTY CONTENT   We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within the Offerings (“Third Party Content”). The Third-Party Content is not endorsed, adopted by, or controlled by Natural Chef and we make no representations or warranties of any kind regarding such Third-Party Content, regarding its accuracy or completeness. You acknowledge and agree that (i) your interactions with third parties providing Third Party Content through or on the Offerings (including, but not limited to, our Site, App, social media, other Content, or Products) are solely between you and such third parties; and (ii) that it is impossible for Natural Chef to monitor such materials and that you access these materials at your own risk.   SECTION 16 USER CONDUCT You agree that you will not violate any law, statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third-party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site or App. You agree that you will abide by this Agreement and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and Natural Chef; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Natural Chef without Natural Chef’s express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Natural Chef’s Content, the Site, or the App without our prior written consent; (8) use the Site in any way that prevents or inhibits other end-users from fully utilizing the Site or App, or in a way that could overburden or interfere with the functioning of the Site or App in any manner; (9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Natural Chef has not authorized to access the Site or the App, to retrieve or index data or content; (10) decipher or reverse engineer any portion of the Site or the App that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site or App which you are not authorized to access, pursuant to this Agreement or any subsequent agreements; or (12) use the Site or the App for any illegal purpose.   SECTION 17USER CONTENT   Pursuant to the specifications located in this Agreement, the Site, or any social media platforms on which Natural Chef has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post or submit to us through email or other channels must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and this Agreement (including, but not limited to, the Prohibited Uses set out in Section 16 of these Terms, respectively). You understand and acknowledge that you are responsible for any User Content you submit or contribute through any channel or method and your use of any Interactive Areas of the Site and/or App, and you, not Natural Chef, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. You understand and acknowledge that User Content that you share with a third party through the Site or third-party platforms will be viewable by others in accordance with the privacy settings you establish. Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content, you represent and warrant that:(1) You own or control all rights in and to the User Content and have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content does not infringe on any patent trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (2) You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Natural Chef in our sole discretion.

Natural Chef may pull content from our Users who share photos, reviews, videos on social media using our brand name, brand hashtags, including without limitation, #NaturalChef, #NaturalChefpics, #NaturalChefMeals (collectively, the “Natural Chef Hashtags”), or tagging Natural Chef using the appropriate social media handling account. You acknowledge and agree that by using our brand name, tagging Natural Chef, or using a Natural Chef Hashtag, that it may be used by Natural Chef in our marketing materials, including but not limited to, our emails, our advertisements, and on our Site, and you hereby grant us permission to use and authorize us to use your name or social media handle in association with your User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Natural Chef account or the Services. You represent and warrant that the posting and use of your User Content, including to the extent that your User Content include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights. 
By uploading any User Content you hereby grant Natural Chef and its affiliates and subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, copy, upload, store, distribute, perform and publicly display your User Content, in whole or in part and any name, username, likeness, voice, or photograph provided in connection with your User Content without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed,  and including after your termination of your Account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content. You are also agreeing to appoint Natural Chef as your irrevocable attorney-in-fact with respect to the User Content, 
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively “Feedback”) that you provide us are non-confidential and we will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation to you. 

You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Natural Chef or our users.   SECTION 18 INDEMNIFICATION   You agree to defend, indemnify and hold harmless Natural Chef, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the App, the Products or any Offerings, or any information obtained therefor other than as expressly authorized in this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Natural Chef of any third-party claims, cooperate with Natural Chef in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Natural Chef. You agree that the provisions in this Section will survive any termination of your Account, the Agreement and/or your access to the Offerings.   SECTION 20 DISCLAIMERS   YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, REAHEATING, AND COOKING), USE, AND CONSUMPTION OF THE CONTENTS OF THE MEAL BOXES. AS SUCH, ALL CONTENTS OF THE RESPECTIVE MEAL BOXES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.   SECTION 21ALLERGENS
Allergen Information. PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH, ARE STORED, PORTIONED, AND PACKAGED IN NATURAL CHEF’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE NATURAL CHEF TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MEAL KITS, OR THE MEAL BOX, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. NATURAL CHEF DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT NATURAL CHEF IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.   SECTION 22WARRANTIES
WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR MEAL KITS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE AND APP, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.   SECTION 23 LIMITATION OF LIABILITY   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATURAL CHEF, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT SHALL NATURAL CHEF BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, APP OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM NATURAL CHEF, OR FROM EVENTS BEYOND NATURAL CHEF’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL NATURAL CHEF BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO NATURAL CHEF BY YOU DURING THE THIRTY (30) DAY PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION 22 SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.   SECTION 24 MODIFICATIONS TO THE SITE AND PRODUCTS   We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site or App (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.   24.1 DISPUTE RESOLUTION PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO UNDERSTAND CERTAIN DISPUTES AND CLAIMS WITH NATURAL CHEF AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.   SECTION 25 GOVERNING LAW AND VENUE   ATHIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS AND STATE OF COLORADO, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.   SECTION 26 TERM, TERMINATION AND SURVIVAL   26.1 TERM. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Offerings, unless terminated earlier in accordance with the Agreement.   26.2 PRIOR USE. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Offerings or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Offerings, unless earlier terminated in accordance with the Agreement.

26.3 TERMINATION. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of this Agreement. You can cancel your Service in accordance with the terms set forth in Sections 6 and 10.3 hereunder. Except as set forth above, the Service subscription fee shall be non-refundable. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of the Agreement, or if Natural Chef is required to do so by law (e.g., where the provision of the Site, the App or the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in Natural Chef’s sole discretion and that Natural Chef shall not be liable to you or any third party for any termination of your Account. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
26.4 EFFECTIONS OF TERMINATION. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Service may involve deletion of Your Content associated therewith from our live databases. Natural Chef will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of the Offering or Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. 
26.5 NO SUBSEQUENT REGISTRATION. If your registration(s) with or ability to access the Service is discontinued by Natural Chef due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Natural Chef reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.   26.7 SEVERABILITY AND WAIVER. If any of this Agreement are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by Natural Chef of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under this Agreement does not constitute a waiver of such right or provision.   26.9 MISCELLANEOUS. This Agreement and any document expressly referred to herein constitute the whole agreement between you and Natural Chef, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Natural Chef. Except as otherwise provided herein, this Agreement are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.   26.10 CONSUMER COMPLAINTS. You may report complaints Natural Chef Texas Inc. to Texas Attorney General Consumer Protection by contacting them in writing at PO Box 12548, Austin, TX 78711-2548, or by telephone at (800) 621-0508 or Natural Chef Inc. to Office of the Attorney General Colorado Department of Law Ralph L. Carr Judicial Building 1300 Broadway, 10th Floor Denver, CO 80203 or by telephone at (720) 508-6000.       26.11 ELECTRONIC COMMUNICATIONS The communications between you and use electronic means, whether you visit Services or send Natural Chef e-mails, or whether Natural Chef posts notices on Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Natural Chef in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that Natural Chef provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.   26.12 EXPORT CONTROL You may not use, export, import, or transfer the Offerings except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. In particular, but without limitation, the Offerings may not be exported or re-exported (1) into any United States embargoed countries, or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Services, 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.   26.13 NOTICE Where Natural Chef requires that you provide an email address, you are responsible for providing Natural Chef with your most current email address. If the last e-mail address you provided to Natural Chef is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Natural Chef ’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Natural Chef at the following address: Natural Chef Inc. General Counsel, 600 17th Street, Suite 2800S, Denver, CO 80202 tor Natural Chef Texas Inc. 108 Wild Basin Rd. South, Suite 250, Austin, TX 78730. Such notice shall be deemed given when received by Natural Chef by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.