Terms and conditions
These Terms of Service ("Terms") govern your access to and use of the services, websites chefnotepad.com (the "Service") offered by Chef Notepad ("Chef Notepad"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using our Service you agree to be bound by these Terms. Please read them carefully.
Please read these Terms and Conditions carefully before using the Chef Notepad website (the “Service”).
BY USING THE WEBSITE, THE SERVICES, OR THE CONTENT, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE AGREEMENT AS THEY APPLY TO YOU AND YOUR USAGE AND ACCESS. Your use of the Website, the Content, and the Services is also subject to all applicable laws and regulations. If you do not agree to any of the terms of service in this agreement (the "TOS"), you should not use the Website, the Services, or the Content. Your use of the Website, the Content, and the Services is also governed by our Privacy Policy, which is available through a link on our homepage as well as most of the other pages on the Website.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitation, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Modifications to Services
We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE. You agree that Chef Notepad will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
Eligibility
By visiting the Site and accepting these Terms, You represent and warrant to Chef Notepad that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Chef Notepad that You will use the Site in a manner consistent with any and all applicable laws and regulations.
Grant Of A Licence
Chef Notepad grants you a non-exclusive, non-transferable, limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Chef Notepad. This license allows people searching for unique products and gifts to purchase those products for personal use. Users are further prohibited from making any derivative use of the Site or its Content; downloading or copying any account information or listing information for the benefit of any third party; or using any “robots,” “spiders,” or similar data-gathering, data-mining, or data extraction tools. All content on the Site is the property of Chef Notepad, and no portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Chef Notepad.
Any unauthorised use terminates the permission or license granted by Chef Notepad and may result in both civil and criminal liability.
You are acquiring no other right to use artwork, designs, trade secrets, trade names, copyrighted materials, trademarks, or service marks of the Company or its affiliates or agents.
Our Consent
By continuing to use this website, you acknowledge that you have read and understood the terms and conditions contained in this Terms of Use. You further acknowledge that you are using this website for your own sole purpose and not for the benefit of a competitor.
Using The Service
We grant you permission to use the Service subject to the restrictions on these
terms. Your use of the Service is at your own risk, including the risk that you
might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Accessing The Website And Account Security
You may be required to create an account to have access to particular features or components of the Site (such as email alerts, personalised content, ability to save content, etc.). If you create an account, you shall (a) provide true, accurate, current and complete information about yourself (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and/or restrict or prohibit your use of the Site or any portion thereof. You are responsible for the security and confidentiality of your password and account and for any and all activities that occur under your account. You shall not share your account information or your user name and password with any third party or permit any third party to log onto the Site using your account information. You agree to immediately notify us of any unauthorised use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You shall not create multiple accounts for your own use or open an account for anyone else.
WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION OF YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. WE SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorise or permit anyone else to access and/or use your Registration information, or access, visit and/or use the service by use of your account/profile and/or Registration Information.
By creating an account, you agree to receive certain communications in connection with the Service. You can later opt-out of non-essential communications.
Feedback On The Websites
The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Chef Notepad and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant Chef Notepad a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Chef Notepad marketing materials and where required to do so by law or in good faith to comply with legal process.).
You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Chef Notepad does not control, and is not responsible for, User Content or Feedback and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Chef Notepad for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defence and control of such disputes, and in any event, you will cooperate with us in asserting any available defences.
User Posting
By posting Content to the Service, you grant us the right and license to use, publicly perform, publicly display, modify, reproduce, creating derivative works or adaptations from it, incorporating it into advertisements and other works, promoting it, and distribute such Content on and through the Service, as well as allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media.
Monitoring
The Company has no obligation to monitor this website or screen content that is shared on or through the website. The Company, however, reserves the right to review the website and content and to monitor all use of and activity on the website and to remove or choose not to make available on or through the website any content in its sole discretion. The Company may remove content that is confidential or proprietary to a third party without that third party’s permission.
Membership/Premium Features
Chef Notepad may offer certain Users the ability to purchase Premium Features through the Service. The categories and prices of our Premium Features are described in the application below and are subject to change from time to time.
Subscription Services: The Premium Features may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorise Chef Notepad to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
We will bill your Payment Method at the time you purchase one of our Premium Features, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. You acknowledge and agree that any credit card and related billing and payment information that you provide during your purchase of Premium Content may be shared with Chef Notepad’s payment processor(s) for the sole purpose of processing the transaction.
Availability of Premium Content: We make reasonable efforts to accurately display the attributes of our Premium Content, including the various resources; however, the actual performance of the resources will depend on your computer system, and we cannot guarantee that your computer will accurately display such content. The inclusion of any particular Premium Content or service on our Service at a particular time does not imply or warrant that these content or services will be available at any time.
By purchasing Premium Content, you agree that we may communicate with you electronically any important information regarding your purchases or your account and as set forth in our Privacy Policy. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction.
Subscription Information
Certain Services may be subject to fees charged by Chef Notepad ("Fees") which will be identified at the point of purchase of such Services. Additional functionality and services may be offered or provided by us from time to time and these will be described on the Website. Services requiring Fees which have not been previously agreed upon will be notified to you, and your agreement to be responsible for any such additional Fees will be required. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Chef Notepad with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Chef Notepad to charge all Subscription fees incurred through your account to any such payment instruments. You agree to pay all amounts due upon demand directly to Chef Notepad, and Chef Notepad further reserves the right to either suspend or terminate your Chef Notepad account and your access to the Services in such circumstances.
Canceling Subscriptions
You may cancel your Subscription at any time. To cancel, you can either (i) email us at admin@chefnotepad.com and follow instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through your account settings within the Services. You will be responsible for all Subscription fees incurred for the then-current Subscription period. If you cancel, your cancellation will be effective immediately, but Chef Notepad will allow you to access the Subscription features until the most recently paid-up Subscription period ends, and then we will terminate your access. Canceling your Subscription won’t cancel your Account. See the Termination and Account Cancellation section below for information on canceling your Account.
Please be aware that any fee or subscription plan is exclusive of all taxes. If we believe, in our sole discretion, that any Member of Chef Notepad paid services are in breach of our Terms or act outside of the letter or spirit of our Terms, we reserve the right to add limitations to your access to our service, up to and including terminating all access to chefnotepad.com In this case, the Member in question is not eligible for any refunds on any portion of their subscription payment.
Ownership
Unless otherwise indicated, this Website and all of its Content are owned by Chef Notepad The posting of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Website and its Content to display, download, archive and print in hard copy, portions of this Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Chef Notepad Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Restriction On Use Of Materials
You may download, store, display on your computer, view, listen to, play and print materials that the Company publishes or broadcasts on the website or makes available for download through the website. The Services and Chef Notepad Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Chef Notepad expressly reserves all its rights and remedies under applicable state and federal laws. Chef Notepad reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel orders, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Chef Notepad Content, except as expressly authorised by Chef Notepad; (2) take any action that imposes or may impose (in Chef Notepad’s sole determination) an unreasonable or a disproportionately large load on the Services or Chef Notepad’s infrastructure; (3) utilise any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Chef Notepad Content to a third party; (5) use any portion of the Services or Chef Notepad Content to provide, or incorporate any portion of the Services or Chef Notepad Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Chef Notepad); (7) modify any Services or Chef Notepad or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Chef Notepad; (9) use the Services or Chef Notepad Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Chef Notepad or access or use the Services or Chef Notepad for competitive analysis or benchmarking purposes.
Intellectual Property rights
The contents our Website as well as it on the whole, including, however, not restricted to, its source code, scripts, text, photographs, animation, video, software, HTML code, web apps, artwork, images and design (collectively, “Website Materials”) are protected by national and international copyright laws and treaties. All copyright and other intellectual property rights in the Website and the Website Materials are either possessed wholly by or are licensed to us.
Such Website Materials are provided for your information and personal use only and are not to be used for purposes of a business or commercial enterprise. You are not allowed to change, publish, issue or otherwise replicate any Website Materials supplied to you or that appears on the pages of this Website without prior receiving our written consent. Any unauthorised copying, alteration, distribution, transmission, performance, display, or alternative use of the Website’s Materials is prohibited.
Indemnification
You agree to indemnify and hold Chef Notepad, its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these Terms of Service, or (e) your violation of any rights of another party.
Termination
Chef Notepad may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Chef Notepad may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Chef Notepad Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that the Company will not be liable to you or any third-party for any termination or limitation of your access to, or use of, the website or any content, including content that you may have shared.
Third Parties
The Website and/or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Chef Notepad have no control over such sites and resources, you acknowledge and agree that Chef Notepad are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Chef Notepad shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Advertising
Chef Notepad and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertisement are subject to change without specific notice to you. Commission maybe made from certain ads or affiliate links.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that Chef Notepad shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. ALL OF YOUR BUSINESS DEALINGS WITH VENDORS AND ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL BE AT YOUR SOLE RISK.
Communications
Chef Notepad may use GPS locator capabilities to identify your current location. If you provide a mobile phone number, you hereby expressly consent to receive SMS text messages from Chef Notepad regarding the Services and as otherwise described in our privacy policy. The communication standards for the Services include but are not limited to SMS, GPS, and web-based browser technology. In order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access the Services.
Technical Requirements
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Chef Notepad does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
Reserved rights; no violation of law or others’ rights
All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.
Warranty Disclaimer And Limitation Of Liability
OUR SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IN NO EVENT SHALL OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS; ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY CUSTOMER OR OTHER THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE. WE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES AS WELL AS ADVERTISEMENTS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. THESE THIRD PARTY SITES HAVE THEIR OWN PRIVACY POLICIES. WE ENCOURAGE YOU TO REVIEW THE PRIVACY POLICIES OF WEBSITES YOU CHOOSE TO LINK TO FROM SITE SO THAT YOU CAN UNDERSTAND HOW THOSE WEBSITES COLLECT, USE, AND SHARE YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR THE PRIVACY POLICIES OR OTHER CONTENT ON WEBSITES OUTSIDE OF THE SITE. AS A PROVIDER OF ONLINE SERVICES, WE ARE NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, BLOG, OR OTHER INTERACTIVE AREA, EVEN IF WE HAVE BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE FURTHER DO NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. WE MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. WE MAKE NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, ITS EMPLOYEES, LICENSORS, OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
We are not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or through any of Our Services or combination thereof, including any injury or damage to Customer or to any person's computer related to or resulting from participation or downloading materials (for the purpose of viewing only), in connection with our Services Governing Law
Availability, Errors, and Inaccuracies
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Trademarks
chefnotepad.com, Chef Notepad, and other Chef Notepad graphics, logos, page headers, icons, images, and service names are trademarks, registered trademarks, or trade dress of Chef Notepad in Australia and/or other countries. Chef Notepad trademarks and trade dress may not be used in connection with any product or service that is not Chef Notepad, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Chef Notepad. All other trademarks not owned by Chef Notepad that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chef Notepad.
Notice for Claims of Copyright Infringement
Chef Notepad respects the intellectual property rights of others and requires those that visit the Site and use the Services to do the same. Chef Notepad may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or Services that infringes upon the copyright rights of others. Chef Notepad also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our Services repeatedly infringe on others' copyrights, Chef Notepad may in its sole discretion terminate those individuals' rights to use the Site and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy.
If you believe that your work has been used on Chef Notepad’s Site or in connection with its Service in any manner that constitutes copyright infringement, please notify Chef Notepad’s copyright agent by written notice. The notice should include the following information:
An electronic or physical signature of a person authorised to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on the Site or Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorised by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorised to act on the copyright owner's behalf.
The contact information for Chef Notepad copyright agent for notice of claims of copyright infringement on the Site and/or in connection with the Services is: (company’s contact information).
Arbitration
Any controversy or claim arising out of or relating to these Terms or use of the Service, with the exception of injunctive relief sought by Chef Notepad for any violation of Chef Notepad proprietary rights, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties.
Severability
If any of the provisions, or portions thereof, of this Agreement, are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Chef Notepad.
Waiver
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of QLD and the laws of Australia, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 day’s notice prior to any new terms taking effect. We will also indicate at the bottom of this page the date that the revisions were last made. What constitutes a material change will be determined at our sole discretion. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modifications will be effective upon our posting of new terms.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.