sousvidemagazine.com – Last updated 10/25/2017
Welcome to www.sousvidemagazine.com (“Site”). The Site is owned and operated by Cuisine Solutions, Inc. (“Cuisine Solutions”, “we”, “us, or “our”). Please read these Terms and Conditions (“Terms”) carefully before using our Site. If you choose to continue to use or access this Site after having the opportunity to read these Terms, you recognize that we have provided valuable consideration by offering this Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to these Terms, please do not use the Site and exit immediately.
By placing an order through our Site, you warrant that you are (a) legally capable of entering into binding contracts; (b) at least 18 years old; (c) a resident of United States of America, excluding Alaska, Hawaii, and Puerto Rico (d) accessing our Site from a Serviced Country.
If you elect to become a registered user of our Site, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any information you provide to us, and to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Website, or any portion thereof by you. You agree not to assign, transfer or sublicense your rights as a registered user of this Site. You agree not to assign, transfer or sublicense your rights as a registered user of this Site. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Site. The contents of this Site, including the text, graphics, images, and information obtained from Cuisine Solutions third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.
If you use our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Cuisine Solutions reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion in the event improper activity in violation of these Terms and Conditions is suspected or detected. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Site; (b) maintain the security of your user identification, password, personal information, and any other confidential information relating to your sousvidemagazine.com account; (b) notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password; (d) take responsibility for all charges resulting from use of your sousvidemagazine.com account, including unauthorized use prior to your notifying Cuisine Solutions of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (e) update your personal information, including email address, as appropriate.
Cuisine Solutions accepts all major credit cards; Visa, American Express, MasterCard and Discover. The account on file will be billed and charged for the full value of delivery days upon ordering. Taxes apply and may vary.
Prices and availability of products offered by Cuisine Solutions are subject to change without notice. Any references to “Save” and amount of savings offered by Cuisine Solutions are discounts from Cuisine Solutions “Regular” or “Reg.” prices. The “Regular” price of an item is the former offered price for the item. Actual sales may not have been made at the “Regular” prices.
These terms and conditions apply to sousvidemagazine.com promotions where you must redeem a promotion code as part of the offer.
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Shipments are fulfilled by a third-party courier. When you purchase a product from Cuisine Solutions, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a product for export. All products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such products passes to you upon our delivery of the product to the third-party courier.
Cuisine Solutions does not offer refunds. Please check all shipping addresses carefully. As we are shipping perishable goods we do not recommend consumption if your package has been in transit for more than three days. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement. Refer to our Shipping Policy for more information.
8. Replacements and Refunds
Cuisine Solutions does not offer refunds for any products. In some circumstances we will offer special discounts and replacements. If you have questions regarding an order, please call customer service at 1-855-5CHEFSV (1-855-524-3378).
Time on the same day the order is placed.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services, provided that such link does not portray Cuisine Solutions or any of our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Cuisine Solutions logo or other proprietary graphic of Cuisine Solutions to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Cuisine Solutions trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
Cuisine Solutions makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
10. Third Party Content; Interface to Third-Party Products and Services
Third Party Content. We may display content, advertisements and promotions from third parties through the Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Cuisine Solutions is not responsible or liable in any manner for such interactions or Third Party Content.
You acknowledge and agree that Cuisine Solutions makes no representation or warranty about the safety of any Third-Party Products or Services and Cuisine Solutions is not responsible for your use of any Third-Party Product or Service or any harm or losses arising from or relating to your use of any Third-Party Products or Services. You should contact the third party with any questions about their Third-Party Products and Services.
11. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
12. User Content
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, User-Generated Community Content, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Services or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish.
You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services. By posting, uploading or otherwise submitting User Content, you represent and warrant that (a) such User Content is non-confidential; (b) you own all intellectual property rights (or have obtained all necessary permissions) to provide such content and to grant the licenses set forth herein; and (c) the User Content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
By using the interactive features and areas of the Services, you further agree not to create, post, share or store any of the following:
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
13. Rights in User Content
Except as otherwise provided in these Terms or in a separate agreement, we do not claim any ownership or control over your User Content. However, by uploading, posting or otherwise submitting User Content, you grant Cuisine Solutions a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content and your name, likeness, voice and persona on the Services, on third-party sites and mobile applications and in all other media or formats, whether now known or hereafter developed, for any purpose, including for Cuisine Solutions’ commercial purposes. In addition, you warrant that all so-called “moral rights” in those materials have been waived. You further grant all users of our Services permission to access and use your User Content in accordance with the most recent version of the Creative Commons Attribution- NonCommercial-ShareAlike license (BY-NC-SA).
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Cuisine Solutions or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Cuisine Solutions. Cuisine Solutions shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Cuisine Solutions and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Cuisine Solutions Parties”) from all Cuisine Solutions Party or third party claims of any kind, whether in tort, contract or otherwise (collectively, “Claims”), including damages to property or personal injury, that arise from or relate to:
This indemnity obligation includes paying for Cuisine Solutions’ attorneys’ fees and other costs of investigating and defending Claims, and the costs of enforcing the indemnity obligation.
You agree to promptly notify Cuisine Solutions of any third party Claims and cooperate with the Cuisine Solutions Parties in defending such Claims. You further agree that the Cuisine Solutions Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Cuisine Solutions.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER CUISINE SOLUTIONS NOR ITS AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SOUSVIDEMAGAZINE.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER SOUSVIDEMAGAZINE.COM, NOR ITS ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SOUSVIDEMAGAZINE.COM SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SOUSVIDEMAGAZINE.COM SITE. FURTHER, CUISINE SOLUTIONS MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SOUSVIDEMAGAZINE.COM SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES. CUISINE SOLUTINOS AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CUISINE SOLUTIONS OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CUISINE SOLUTIONS OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CUISINE SOLUTIONS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SOUSVIDEMAGAZINE.COM SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site is prohibited. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Neither Cuisine Solutions nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law and Venue
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Delaware, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as prohibited by applicable Delaware law, we do not guarantee continuous, uninterrupted or secure access to our Site or services, and operation of the Site may be interfered with by numerous factors outside of our control.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
“Cuisine Solutions,” the Cuisine Solutions logo and any other Cuisine Solutions Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Cuisine Solutions and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “Cuisine Solutions” or any other name, trademark or product or service name of Cuisine Solutions without our prior written permission. In addition, the look and feel of the Sites and products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Cuisine Solutions and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site or products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Cuisine Solutions.
If we don’t enforce our rights under this agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance.