The inChefs website you have entered is operated by or on behalf of Wanteet, Inc(“Wanteet”).
The inChefs website located at www.inChefs.com (the “Website”) is a copyrighted work belonging to Wanteet, Inc. (“Wanteet”). inChefs is an online localcollaborative marketplace for food. It allows you to request and purchase food of your dietary and lifestyle choice from chefs on the platform.
THIS TERMS OF SERVICE AGREEMENT (THIS “AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. THIS AGREEMENT IS ACCEPTED EACH TIME YOU ACCESS OR USE THE WEBSITE. YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THE AGREEMENT IF YOU ARE NOT 18 YEARS OLD. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS IN IT. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE WEBSITE.
- ACCEPTANCE OF TERMS
Wanteet provides a collection of online resources and services for locating and purchasing foods from individual, small and large commercial vendors in close proximity to you by providing ads, blogs, coupons, listings, reviews, ratings, and ability to pay for the food (referred to hereafter as “the Service”) subject to the following Terms of Service (“TOS”). By using the Service in any way, you are agreeing to comply with the TOS. In addition, when using particular Wanteet services, you agree to abide by any applicable posted guidelines for all Wanteet services, which may change from time to time.
If you object to any term or condition of the TOS, any guidelines, or any subsequent modifications or become dissatisfied with Wanteet in any way, your only recourse is to immediately discontinue accessing or usingthe Website. Wanteet has the right, but is not obligated, to strictly enforce the TOS through self-help, Angie’s list, community moderation, active investigation, litigation, and prosecution.
- MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOS at: https://www.inChefs.com/info/terms.
In order to use certain features of the Website (e.g., purchasing listings on the Website), you must register for an account with inChefs (a “inChefs Account”) and provide certain information about yourself as prompted by the Website registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your inChefs Account at any time, for any reason, by following the instructions on the “My Account” section of the Website. Wanteet may suspend or terminate your inChefs Account in accordance with Section 8.
You understand that all information contained in Listings (defined below), postings, messages, text, files, images, photos, video, sounds, blogs, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that Wanteet does not control, and is not responsible for Content, food, goods and services made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the inChefs Website and Content available through the Service may contain links to other Websites, which are completely independent of Wanteet. Wanteet makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other Websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on that Content, and that under no circumstances will Wanteet be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Wanteet does not pre-screen or approve Content, but that Wanteethas the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.
- TERMS OF SALE
Listings. All listings on the Website (“Listings”), their information, and their prices are each subject to change. Wanteet reserves the right, at any time, to modify, suspend, or discontinue the sale of any Listing with or without notice. You agree that Wanteet will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Listing. In the event a Listing is listed at an incorrect price or with incorrect information due to typographical error or other error or Listing information received, Wanteet has the right, prior to the acceptance of your order pursuant (as described below), to decline or cancel any order, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal account has been charged for the order and we cancel your order, we will immediately issue a credit to your account in the amount of the charge.
Payment Terms. For each Listing you select on the Website, you agree to pay the price applicable for the Listing as of the time your submitted your order (“Listing Price”) and any applicable Taxes (defined below). Wanteet will automatically bill your credit card or PayPal submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes based on Wanteet’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Listing purchase (“Taxes”) not withheld by Wanteet. All payments are non-refundable (except as expressly set forth in Section 5.1 and 5.3). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is placed and functioning on our Website. Notwithstanding the foregoing, you agree that, if we decline your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card or PayPal account in the amount charged (if your credit card has already been charged for the order) or (b) we will not charge you for the order.
- THIRD PARTY CONTENT, SITES, AND SERVICES
The inChefs Website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Wanteet, including Websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Wanteet shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. If there is a dispute between participants on this Website, or between users and any third party, you understand and agree that Wanteet is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby fully and completely release Wanteet, its officers, employees, agents and successors in rights from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service and any Listing. 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
The Website may include paid third party advertising and marketing on its Website. By agreeing to thisTOS you acknowledge and agree that such advertising and marketing may be accessible on the Website, and fully and completely release Wanteet, its officers, employees, agents and successors in rights just as provided in the immediately prior paragraph.
- PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
that impersonates any person or entity, including, but not limited to, a Wanteet employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,”“link referral code,”“junk mail,”“spam,”“chain letters,”“pyramid schemes,” or unsolicited commercial advertisement;
that circumvents or otherwise seeks to intentionally avoid compensating Wanteet for fees it is properly owed for providing the Service;
that constitutes or contains any form of advertising or solicitation if: posted in areas of the inChefs sites which are not designated for such purposes; or emailed to inChefs users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
that includes links to commercial services or Websites, except as allowed;
THAT ADVERTISES ANY ILLEGAL SERVICE OR THE SALE OF ANY ITEMS THE SALE OF WHICH IS PROHIBITED OR RESTRICTED BY ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ITEMS THE SALE OF WHICH IS PROHIBITED OR REGULATED BY CALIFORNIA OR ANY OTHER STATE OR LOCAL LAW OR REGULATIONS REGARDING THE SALE OF FOOD OR OTHER ITEMS LISTED FOR SALE ON THE WEBSITE. YOU AGREE TO FULLY INDEMNIFY WANTEET FROM ANY AND ALL CONSEQUENCES FROM THE VIOLATION OF ANY LAW OR REGULATION ARISING FROM POSTING ANY LISTING ON THE WEBSITE.
NEW LAWS PERMIT INDIVIDUALS TO PREPARE AND/OR PACKAGE CERTAIN NON-POTENTIALLY HAZARDOUS FOODS IN PRIVATE-HOME KITCHENS, OR “COTTAGE FOOD OPERATIONS” (CFOS). ALL COTTAGE FOOD OPERATORS WILL HAVE TO MEET SPECIFIED REQUIREMENTS PURSUANT TO THE CALIFORNIA HEALTH AND SAFETY CODE RELATED TO PREPARING FOODS THAT ARE ON THE APPROVED FOOD LIST, COMPLETING A FOOD PROCESSOR TRAINING COURSE WITHIN THREE MONTHS OF REGISTERING, IMPLEMENTING SANITARY OPERATIONS, ESTABLISHING STATE AND FEDERAL COMPLIANT LABELS, AND OPERATING WITHIN ESTABLISHED GROSS ANNUAL SALES LIMITS.
The California Department of Public Health provides helpful information for California cottage food operators athttp://www.cdph.ca.gov/programs/Pages/fdbCottageFood.aspx. You must familiarize yourself with these laws prior to posting a Listing on the Website.
Food purchasers should look for home chefs who have a certified CFO badge.
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
“stalk” or otherwise harass, annoy or inconvenience anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Wanteet;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to Wanteet’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Wanteet Website;
use the Website or Service for any fraudulent or unlawful purposes; or
you will not disclose, and agree to at all times keep secure and confidential your account password or any identification we provide you which allows access to the Service.
If you encounter issues with the quality or service provided by the restaurant, food artisan or home chef please take this up with the food provider directly or deal with the provider through Angie's list. Your manner of reviewing the provider through social media may have further impact.
Wanteet has the sole and absolute discretion, for any or no reason, to disable the account of any provider or customer. Wanteet will use such discretionupon a report or suspicion of abuse or unremedied violation of these TOS.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to inChefs email addresses or through Wanteet computer systems, which is expressly prohibited by this TOS, will use or cause to be used servers located in California. Any unauthorized use of Wanteet computer systems is a violation this TOSand certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOS. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOS.
If you select SMS notification features on the Website, and you have SMS services from one of the supported carriers (T-Mobile, Verizon Wireless, AT&T, Sprint, Nextel, Boost, U.S. Cellular, MetroPCS and Cricket), you can request Service notifications. Message and data rates may apply.
You will receive an SMS message from inChefs if you as a provider get a food request, or,if you as a food purchaser make a request to purchase food. If you change your mobile phone service provider, the SMS notification service may be deactivated, and you may need to re-enroll in the notification service. Wanteetreserves the right to cancel the notification service at any time; you may cancel (opt-out) the service by entering the new number from your mobile phone.
LIMITATIONS ON SERVICE
You acknowledge that Wanteet may establish limits concerning use of the Service, including the maximum number of days that any Listing or Content will be retained by the Service, the maximum number and size of Listings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Wanteet has no responsibility or liability for the deletion or failure to store any Listing, Content maintained or transmitted by the Service. You acknowledge that Wanteet reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Wanteet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
Wanteet grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Wanteet. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Wanteet permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of inChefs or Wanteet sites so long as the link does not portray Wanteet, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by Wanteet immediately terminates this permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Wanteet.
TERMINATION OF SERVICE
You agree that Wanteet, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Listing or Content within the Service, for any reason, including, without limitation, if Wanteet believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that Wanteet shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 14-18 shall survive termination of the TOS.
The Service is protected to the maximum extent permitted by copyright laws. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. Any reproduction, modification, creation of derivative works from or redistribution of the Website or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Wanteet. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Wanteet, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Wanteet does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Wanteet an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Wanteet all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
The trademarks, service marks, domain names and trade dress displayed on the Website, whether registered or unregistered, are owned by Wanteet unless otherwise noted, and are protected by trademark laws in the United States and other countries. Wanteet marks, names, logos and trade dress include, but are not limited to, the following: WANTEET; Wanteet.com Website trade dress. The use or misuse of these trademarks/service marks or any other marks, except as permitted herein, is expressly prohibited and may be in violation of trademark laws, unfair competition laws or other relevant laws. Please be advised that Wanteet actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WANTEETWEBSITE, THE SERVICE AND ANY THIRD PARTY SERVICES OR PRODUCTS IS ENTIRELY AT YOUR OWN RISK. THE WANTEETWEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF SAFETY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WANTEET DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WANTEETWEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WANTEET DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WANTEETWEBSITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WANTEETWEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WANTEET DISCLAIMS ANY WARRANTIES THATTHE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, WANTEET DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WANTEETWEBSITE OR THE SERVICE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WANTEET IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WANTEET BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WANTEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WANTEETWEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WANTEETWEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WANTEETWEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WANTEETWEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR LISTINGS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WANTEETWEBSITE OR THE SERVICE OR ANY LINKS ON THE WANTEETWEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WANTEETWEBSITE OR THE SERVICE OR ANY LINKS ON THE WANTEETWEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL WANTEET(INCHEFS) BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WANTEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES, INCLUDING, BY WAY OF EXAMPLE, BUT NOT LIMITATION, FOOD-BORN ILLNESS, PREMISES LIABILITY, POOR OR UNACCEPTABLE QUALITY, INAPPROPRIATE TRANSACTIONS BETWEEN PURCHASER AND VENDOR, FOOD ALLERGIES, FAILURE OF FOOD PROVIDER TO BECOME CERTIFIED OR OTHERWISE COMPLY WITH LAWS, REGULATIONS OR HEALTH CODES WHERE REQUIRED TO DO SO.PLEASE MAKE SURE YOU MEET THE PROVIDER IN A SAFE AREA. WANTEET MERELY FACILITATES THE SALE OF GOODS AND SERVICE VIA OUR WEBSITE.In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Wanteet, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, agents, successors, assigns, service providers, suppliers and employees, and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website or Listings, (ii) your violation of this Agreement, or (iii) made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Wanteet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Wanteet. Wanteet will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The TOS constitute the entire agreement between you and Wanteet and govern your use of the Service, superseding any prior agreements between you and Wanteet. The TOS and the relationship between you and Wanteet shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Wanteet agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Contra Costa, California. The failure of Wanteet to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify. If it becomes necessary for Wanteet to pursue legal action to enforce this TOS, you will be liable to pay Wanteet liquidated damages, which you accept as reasonable estimates of Wanteets’ damages for breaches of this TOS, one hundred dollars ($100) for each individual incident, individual Listing, individual e-mail, individual spam item,per day on the Website. In its sole discretion, Wanteet may elect to issue a warning before assessing damages.
Otherwise, you agree to pay Wanteet’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this TOS, Wanteet retains the right to seek the remedy of specific performance of any term contained in this TOS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this TOS, or any combination thereof.