These Terms constitute a binding agreement between You and The Chef Link and are deemed accepted by You each time that You use or access The Chef Link website. If You do not accept these Terms, you will not be permitted to use the Site.
The Chef Link Site includes a variety of features and services, including an on-line service to post and search employment opportunities ("Chef Link Services") within the culinary industry. The Site also includes on-line communities designed to facilitate valuable professional and personal networking within the culinary community among users of the Site ("Users"). Users of the Site are comprised of both culinary job seekers and culinary industry employers. The Site allows Users to create individual profiles, which may include personal information ("Profiles"), and to make these Profiles, or aspects thereof, public. The Site also allows Users to create culinary industry job postings ("Postings") and to make these Postings, or aspects thereof, public.
The Chef Link may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they constitute a contract and are binding on You.
Users who violate these Terms may have their access and use of the Site suspended or terminated, at The Chef Link's discretion.
Use of this site is limited to Users meeting the minimum age of employment as defined by the Fair Labor Standards Act, 29 CFR §§ 570, et seq. If You are under the age of 18 or the age of majority as that is defined in Your Jurisdiction, You must use this Site under the supervision of a parent, legal guardian, or other responsible adult.
1. Use of Site Content.
The Chef Link authorizes You, subject to these Terms, to access and use the Site and The Chef Link Content (as defined below) and to download and print a single copy of the content available on or from the Site solely for Your personal, non-commercial use. The contents of the Site, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other The Chef Link content (collectively, "Content"), are protected under copyright, trademark and other laws. All Content is the property of The Chef Link or its licensors. The compilation (meaning the collection, arrangement and assembly) of all Content on the Site is the exclusive property of The Chef Link and is protected by copyright, trademark, and other laws. Unauthorized use of the Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Content on any authorized copy You make of the Content.
Any code that The Chef Link creates to generate or display any Content or the pages making up its Site is also protected by The Chef Link's copyright and You may not copy or adapt such code.
You may not use any of the Content on any other Web site. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
2. Use of The Chef Link Services.
The Profile database and Postings database ("Databases") and other features of the Site may be used only by individuals in the culinary industry seeking employment and/or career information and by employers seeking employee candidates. In addition, the Site may be used by individuals for permitted professional and personal networking purposes within the culinary industry. The term "post" as used herein shall mean information that You submit, publish or display on the Site.
All Users agree not to:
(b) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
(c) use any device to navigate or search the Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by The Chef Link;
(d) use any data mining, data gathering or data extraction methods;
(e) violate or attempt to violate the security of the Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of the Site;
(h) aggregate, copy or duplicate in any manner any of The Chef Link Content or information available from the Site, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any Content or information available from the Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
(k) post any Profile or apply for any job on behalf of another party;
(l) post any Posting or solicit employee candidates on behalf of another party;
(m) defer any contact from an employer to any agent, agency, or other third party;
(n) post more than one Profile;
(o) share with a third party any login credentials to the Site;
(p) access data not intended for You or logging into a server or account which You are not authorized to access;
(q) post or submit to the Site any incomplete, false or inaccurate information or information which is not Your own;
(r) post content that contains restricted or password-only access pages, or hidden pages or images;
(s) solicit passwords or personally identifiable information from other Users;
(t) delete or alter any material posted by any other person or entity;
(u) harass, incite harassment or advocate harassment of any group, company, or individual;
(v) send unsolicited communications to any User;
(w) attempt to interfere with service to any User, host or network;
(x) promote or endorse an illegal or unauthorized copy of another person's copyrighted work;
(y) use The Chef Link Site for any unlawful purpose or any illegal activity;
(z) post or submit any content, Profile, or Posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person;
(aa) post any links to pornographic, indecent or sexually explicit material of any kind, as determined by The Chef Link's discretion.
Violations of system or network security may result in civil and/or criminal liability. The Chef Link will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
3. Additional Terms Applicable to Employers.
You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Site registrations and passwords, whether or not authorized by You. You agree to immediately notify The Chef Link of any unauthorized use of Your employer account, Posting, Profile, or passwords.
Employers are solely responsible for their Postings on the Site. The Chef Link is not to be considered to be an employer with respect to Your use of the Site. The Chef Link shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from the Site, including saved Postings and Profiles, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from The Chef Link's databases.
You understand and acknowledge that in using the Site, you are expressly prohibited from engaging in any commercial advertising or solicitation, except as permitted by these Terms.
Any Postings You submit must be accurate and describe the job for which employment is being sought. The Posting requires standard fields to be completed.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any Posting or material contained therein placed by You on the Site.
The Chef Link neither represents nor warrants the accuracy or validity of any such Profile or other User information contained therein for evaluation by employers.
4. Job postings
All Postings must relate to jobs or employment within the culinary industry. The Chef Link reserves the right to determine, in its sole discretion, whether a Posting is culinary-related and reserves the right to remove any Postings which do not comply with these Terms.
A Posting shall not contain:
(a) any hyperlinks, other than those specifically authorized by The Chef Link;
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the Posting being presented, as determined in The Chef Link's reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, per post;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You shall not use Your Posting to:
(a)post jobs unrelated to the culinary professsion;
(b) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, laws relating to citizenship, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) post jobs or other advertisements for competitors of The Chef Link or post jobs or other content that contains links to any site competitive with The Chef Link;
(e) sell, promote or advertise products or services;
(f) post any culinary business opportunity that requires recruitment of other members, sub-distributors or sub-agents;
(g) post any culinary business opportunity that pays commission only unless the posting clearly states that the available job pays commission;
(h) endorse a particular political party, political agenda, political position or issue;
(i) promote a particular religion;
(k) post jobs located in countries other than the United States; and
(l) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual orientation (vii) the commission of criminal offences or proceedings or (vii) age.
(m) post any culinary business opportunity that requires an applicant to pay any fees for consideration of employment.
The Chef Link reserves the right to remove any Posting or content from the Site, which in the reasonable exercise of The Chef Link's discretion, does not comply with the above Terms, or if any content is posted that The Chef Link believes is not in the best interest of The Chef Link.
If at any time during Your use of the Site, You made a misrepresentation of fact to The Chef Link or otherwise mislead The Chef Link in regards to the nature of Your business activities, The Chef Link will have grounds to terminate Your use of the Site.
5. Profile Database
All Profiles must be created for the purpose of finding employment within the culinary industry. The Chef Link reserves the right to determine, in its sole discretion, whether a Profile is culinary-related and reserves the right to remove any Profile which does not comply with these Terms.
Use of the Profile Database by Job Seekers
When You register with the Site, You will be asked to create a Profile and provide The Chef Link with certain information including, without limitation, a valid email address (Your "Information").
By submitting a Profile, You expressly authorize and agree to the disclosure of said Profile and Information, to registered Employer Users of the Site and you waive any claims of privacy with respect to such Profile.
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any other means of contacting You, other than as specified in the Profile.
You acknowledge and agree that You are solely responsible for the content and accuracy of any Profile placed by You on the Site.
You will not provide any false personal information, or create a Profile for anyone other than yourself without permission.
You will not create more than one Profile.
You will jeopardize the security of your Profile by sharing your password, letting anyone else access your profile, or by any other means.
You acknowledge that information you post in public areas of the site or placed in the searchable Profile database will be accessed, used, and stored by others. Although The Chef Link attempts to limit use of its Site to legitimate users, The Chef Link makes no representations or warranties that your information will only be accessed, used and stored by authorized parties.
You understand and acknowledge that You have no ownership rights in Your Profile and that if You cancel Your The Chef Link account or Your The Chef Link account is terminated, all Your Profile information and saved jobs will be deleted from The Chef Link's databases and will be removed from any public area of the Site. Third parties may retain saved copies of Your Information.
The Chef Link reserves the right to delete Your Profile and all of Your Information after a significant duration of inactivity.
The Chef Link, in its sole discretion, reserves the right to disable Your Profile in the event You breach of any of these Terms. If The Chef Link disables Your Profile, You may not create a new Profile without The Chef Link's permission.
Use of The Chef Link Profile Database by Employers
You shall use the Profile Database as provided in these Terms and in any other written contract You have with The Chef Link. You shall use the Profile Database in accordance with all applicable privacy and data protection laws. You further agree that you shall not disclose any of the data from the Profile Database to any third party. You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from the Profile Database from loss, misuse, unauthorized access, disclosure, alteration or destruction.
The Profile Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any Profile holders;
b) to make unsolicited communications to Profile holders or to contact any individual unless said individual has agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or Profile holders in regards to career fairs and business opportunities.
In order to ensure a safe and effective experience for all of our Users, The Chef Link reserves the right to limit the amount of data (including Profile views) that may be accessed by You in any given time period. These limits may be amended, without notice and in The Chef Link's sole discretion.
6. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through the Site ("User Content") is the sole responsibility of the person from which such User Content originated. The Chef Link claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through The Chef Link and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through The Chef Link, you grant The Chef Link a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through The Chef Link. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant The Chef Link a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting The Chef Link and its services. The Chef Link will discontinue this licensed use within a commercially reasonable period after such User Content is removed from The Chef Link. The Chef Link reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
If You post User Content in any public area of the Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any The Chef Link Site retains any and all rights that may exist in such User Content. The Chef Link reserves the right to review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Site. The Chef Link reserves the right to expel Users and prevent their further access to the Site for violating the Terms or applicable laws, rules or regulations. The Chef Link may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for The Chef Link, damage The Chef Link's brand or public image, or cause The Chef Link to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
The Chef Link does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does The Chef Link endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The Chef Link reserves the right to restrict the number of e-mails, job applications, Postings or other messages which a User may send to other Users to a number which The Chef Link deems appropriate in its sole discretion.
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
You expressly agree that, as a condition to Your use of the Site, You shall not use the Site to infringe the intellectual property rights of others in any way. The Chef Link reserves the right to terminate the accounts of any Users, and block access to the Site of any Users who violate this provision.
8. The Chef Link's Limitation of Liability.
The Site act as, among other things, venues for (i) culinary industry employers to post job opportunities and search for and evaluate job candidates and (ii) culinary industry professionals candidates to post Profiles and search for and evaluate job opportunities. The Chef Link does not screen or censor the listings, including Profiles offered. The Chef Link is not involved in the actual transaction between employers and candidates. As a result, The Chef Link is not responsible for the quality, safety or legality of the Postings or Profiles posted, the truth or accuracy of the Postings or Profiles, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.
The Chef Link makes no representations about any Postings, Profiles or User Content on the Site. While The Chef Link reserves the right in its sole discretion to remove User Content, Postings, Profiles or other material from the Site, The Chef Link does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Users of the Site expressly assume all risks associated with dealing with other users with whom You come in contact through the Site. Because User authentication on the Internet is difficult, The Chef Link neither represents nor warrants that that each User is who said user claims to be. The Chef Link is not and cannot be involved in User-to-User dealings or control the behavior of participants on the Site. In the event that You have a dispute with one or more Users, You release, indemnify, and hold harmless, The Chef Link (and our agents and employees) from claims, demands and damages, including reasonable attorney's fees (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The Site may contain inaccuracies or typographical errors. The Chef Link makes no representations about the accuracy, reliability, completeness, or timeliness of any information contained on the Site. Use of the Site is strictly at Your own risk. The Chef Link reserves the right to make periodic changes to the Site at any time.
The Chef Link neither represents nor warrants any specific results from the use of its Site.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
To the extent permitted by law, in no event shall The Chef Link be liable for the deletion, loss, or unauthorized modification of any User Content.
If notified of any content or other materials which allegedly do not conform to these Terms, The Chef Link may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. The Chef Link has no liability or responsibility to Users for performance or nonperformance of such activities.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE CHEF LINK'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
(a) You will resolve any claim, cause of action or dispute (claim) you have with The Chef Link arising out of or relating to these Terms or The Chef Link exclusively in a state or federal court located in Maryland. The laws of the State of Maryland will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the State of Maryland for the purpose of litigating all such claims.
(b) If anyone brings a claim against The Chef Link related to Your actions, use of the Site, Content or information on The Chef Link's Site, you agree to defend, indemnify, and hold harmless The Chef Link, its affiliates, and their respective officers, directors, employees and agents from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. You further agree to defend, indemnify, and hold harmless The Chef Link, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees arising from or relating to Your breach of these Terms.
(c) TO THE FULLEST EXTENT POSSIBLE BY LAW, THE CHEF LINK DOES NOT WARRANT THAT ITS SITE WILL OPERATE ERROR-FREE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, THE CHEF LINK IS NOT RESPONSIBLE FOR THOSE COSTS. WE ARE PROVIDING THE CHEF LINK "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE CHEF LINK WILL BE SAFE OR SECURE. THE CHEF LINK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ITS SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. THE CHEF LINK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL THE CHEF LINK BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CHEF LINK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Links to Other Sites.
The Site contains links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by The Chef Link of the contents on such third-party Web sites. The Chef Link makes no representations regarding the content or accuracy of materials on such third party Web sites, and You access third-party web sites at Your own risk.
12. No Unauthorized Commercial Use.
Unauthorized commercial use of this site is strictly prohibited.
13. Applicable Laws
You will comply with all applicable laws, regulations, or ordinances when using or accessing the Site
14. International Laws
The Chef Link makes no claims or representations that its site and the content therein may be lawfully viewed or accessed outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
Any software downloaded from the Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods or prohibits such export or re-export, or (ii) to any individual or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, The Chef Link's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect The Chef Link's ability to enforce such term at any point in the future. Any amendment to or waiver of these Terms must be made in writing and signed by an authorized representative of The Chef Link.
You agree not to assign Your rights or obligations under these Terms.
All of The Chef Link's rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
18. Entire Agreement
These Terms constitute the entire agreement between You and The Chef Link with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.
19. Additional Terms.
20. Term and Termination.
These Terms will remain in full force and effect while You are a User of the Site. The Chef Link reserves the right, at its sole discretion, to pursue all of its legal and equitable remedies, including but not limited to removal of Your User Content from the Site and immediate termination of Your registration with or ability to access the Site and/or any other services provided to You by The Chef Link, upon any breach by You of these Terms or if The Chef Link is unable to verify or authenticate any information You submit to the Site registration. Even after You are no longer a User of the Site, certain provisions of these Terms will remain in effect.
Effective September 2011