Terms of Service
MY HOUSEHOLD MANAGED LLC - Private Chef Experiences
PLEASE READ THIS USER AGREEMENT AND THE PRIVACY POLICY REFERENCED HEREIN (COLLECTIVELY DEFINED BELOW AS THE "TERMS OF SERVICE") CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
The website located at www.MyHouseholdManaged.com and all sub-URLs of such (the “Site”) are copyrighted works belonging to My Household Managed LLC, an Illinois Limited Liability Company with principal place of business at 159 N Sangamon St., Suite 200, Chicago, IL 60607 (“Company”) (“Company”, “us”, “our”, and “we”). By accessing the Site, you, the “Client,” agree to be bound by these terms.
THESE TERMS OF USE (THIS “AGREEMENT”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
Services. Company is in the business of facilitating the connection between a private chef and Client as well as assists in the subsequent planning of an Event. The specific agreement for dining services is between the private chef and Client alone. Company shall use commercially reasonable efforts to place a private chef with the necessary qualifications and experience to fully and completely plan, coordinate and execute the planned Event in a diligent and workmanlike manner, and such other qualifications and experience as may be reasonably requested by the Client (“Services”).
To the extent permitted by applicable law, Client irrevocably authorizes Company to store Client’s provided credit card and billing information and charge any amounts owed as a result of Client’s use of professional services ordered through the Site to such provided billing information until all amounts due have been paid in full. Client agrees to keep Client’s payment information current and correct at all times.
Termination. This Agreement may be terminated by any Party for any reason or no reason at all upon ten (10) days written notice to the other Party.
Non-Circumvention. In no event shall Client procure, solicit or attempt to procure any food-industry services from a private chef whom Client became aware of from the Site outside of the Site for a period of twelve (12) months following the termination of this Agreement. This Section 3 shall survive termination of this Agreement.
Indemnification. The Client shall indemnify, defend and hold harmless Company, its members, officers, shareholders, agents and employees (collectively, the “Indemnified Parties”) from all claims, causes of action, penalties, damages, liability, loss, costs, and expenses (each a “Third Party Claim”) and reasonable attorney’s fees associated with or arising arising from or in connection with (i) any injury sustained by a private chef during the course of an Event, (ii) any breach of this Agreement, (iii) any act or omission of the Client giving rise to a claim from a third part against Company.
Disclaimer of Liability. The Client acknowledges, accepts, and agrees that Company is not an employer, supervisor, principal, agent, or manager of the private chef and Company expressly disclaims all liability for any act or omission of the private chef during an Event and Client disclaims any reliance on Company. The Client further covenants not to sue or otherwise hold liable Company for (i) any act or omission of the private chef, (ii) any breach of this Agreement, or (iii) any claim arising from or in connection with the Agreement or the Event. The services are provided “as-is, where-is”. Company expressly disclaims any and all warranties whether express or implied including warranties of merchantability or suitability for a particular purpose and Client disclaims any reliance on such. Company expressly disclaims any guarantee that it will, during or after the Term, be able to find a suitable private chef.
General Terms
Severability. Any term or provision of this Agreement that is held invalid or unenforceable by a court of competent jurisdiction in any situation shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party. Upon such a determination, the court shall replace such invalid terms to the reflect as close to the terms as possible under applicable law.
Governing Law. This Agreement and any claim or controversy arising hereunder shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Illinois. Each of the Parties irrevocably submits to the jurisdiction of any State or Federal court sitting in Cook County, Illinois (collectively, the “Designated Courts”) for the enforcement of this Agreement.
Amendment and Waiver. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all the Parties hereto. No waiver by any Party of any provision of this Agreement or any default or breach of covenant hereunder, whether intentional or not, shall be valid unless the same shall be in writing and signed by the Party against whom the waiver is to be effective nor shall such waiver be deemed to extend to any prior or subsequent default or breach of covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Entire Terms. This Agreement constitute the entire agreement among the Parties and supersedes any prior understandings, agreements, or representations by or among the Parties, written or oral, to the extent they relate in any way to the subject matter hereof.