Terms And Conditions

CHEFACH TERMS OF USE

1)  User’s Acknowledgment and Acceptance of Terms

Chefach Holdings LLC (“We” or “Us”) provides the Chefach web site, various related content, features and services (collectively, the “Site”) to you, the user, subject to your agreement to and compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”).

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of March 11, 2013. We expressly reserve the right to amend these Terms of Use at any time without notice to you, although we shall endeavor to give notice of any such amendment by adjusting the date as of which the Terms of Use are indicated to be effective, at the bottom of the Site home-page. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and in any case upon a change in the indicated effective date, to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute your acknowledgement of, and agreement to abide and be bound by, the modified Terms of Use.

2)  Description of Services

We may provide various services on or by means of this Site, including but not limited to the display of professional office space and luxury vacation rental properties.

We reserve the right at our sole discretion to modify, suspend, resume, disable, discontinue, remove and/or restrict access to the Site – including but not limited to any and all of its contents, features and/or services at any time, for any or no reason, without notice, explanation or recourse. We will not be liable to you or any third party should we exercise such right. Any modified or new Site content, features and/or services shall also be subject to these Terms of Use.

3)  Site Account, Registration, Data Privacy and Site Security

In order to submit comments, request information and/or set up an appointment via the Site, you will be required also to submit your name and e-mail address.

If and when you submit an e-mail address, your submission will constitute the following:

• Your express warranty that the e-mail address you submit is your bona fide e-mail address over which you rightfully exercise dominion and control;
• Your express consent to the following: the population and storage of your e-mail address, any other personal data and/or metadata in our opt-in database of willing marketing e-mail recipients; our disclosure of such personal data to our agents, subsidiaries, affiliates and/or other third parties; your willing receipt of marketing e-mails from us, our agents, subsidiaries, affiliates and/or other third parties to the submitted e-mail address.

You acknowledge and agree to the SITE Privacy Policy, which

a)             follows immediately below these terms of use;

b)            is hereby incorporated by reference in its entirety into these Terms of Use;

c)            sets out the types of personal data about you that we may obtain through and about your use of the Site; and

d)            governs the manner and extent in which we may collect, process, use and disclose such personal data.

You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You acknowledge that we may cooperate fully with any investigation of system or network security violation(s) at our or other Web sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You consent to our cooperation in this manner, and to our disclosure of any data arising in connection with your use of the Site that is relevant to such investigation, to the maximum extent permitted by law.

4)  General Site Content and Conduct

We assume no and disclaim all responsibility to pre-screen, assess, verify, monitor, edit or control any conduct or content on or within any portion of the Site.

However, with respect to anything stored on our servers, submitted to, hosted and/or published on the Site, we, our agents and affiliates reserve the right at our sole discretion to pre-screen, refuse, restrict, suspend, disable, remove and/or terminate any content, feature, service, Account or Site access, at any time, for any or no reason, without notice, explanation or recourse.

Any suspected fraudulent, abusive or illegal activity may be grounds for content removal, Site access restriction, suspension or termination, referral to law enforcement authorities and/or any other appropriate measures (collectively, “Enforcement Options”). However, we assume no and disclaim all responsibility for any failure or delay in exercising any Enforcement Options.

Upon suspension or termination of Site access, your rights to use the Site and its services cease immediately and entirely, and we may immediately deactivate or delete all related information, data and files and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for, and you hereby waive, any claims or damages arising out of any such restrictions, suspension, termination, exercise or non-exercise of any Enforcement Options.

Section 7 below determines the procedures to be followed in the event that any party believes that content posted on this Site infringes on any intellectual property and/or other proprietary right(s) of any party.

5)  External Links

This Site may include links to other external third party web sites, information and/or resources (“Linked Material”). We do not control any Linked Material, nor are we responsible for any error or omission in any reference to Linked Material, other parties, their products and/or services.

Use of or reliance on any Linked Material is entirely at your own risk. When visiting Linked Material links you must refer to that external websites terms and conditions of use.

6)  Intellectual Property

We do assert and you do acknowledge our ownership of, and any and all intellectual property rights in, all Site content. Without limitation to the generality of the foregoing, we specifically assert and you do specifically acknowledge our following rights:

a)    trademark rights in the Chefach Holdings name and logo and all components thereof, all other Site custom graphics, icons and logos;

b)    copyright in the Site design, layout, look & feel, appearance, graphics, buttons, icons, logos.

Except to the extent strictly necessary for, and for the purposes of, accessing the Site for personal use only, you may not copy, download, reproduce, modify, republish, upload, post, transmit, or distribute any content or services from this Site in any form or by any means without prior written permission from us or the respective content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.

We do not warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

7)  Unauthorized Use of Materials

If you believe your or another’s copyright, trademark or other property rights have been infringed by one or more postings on this Site, you shall promptly send us written notification of the alleged infringement. To be effective, the notification must be made in the following manner:

a)    Identify in sufficient detail the work that you believe has been infringed upon or other information sufficient to specify the work being infringed).

b)    Identify the material that you claim is infringing the work listed identified pursuant to Section 7)a).

c)    Provide information reasonably sufficient to permit us to contact you (email address is preferred).

d)    Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

e)    Include the following statement: “I have a good faith belief that use of the [copyrighted or other proprietary right-protected] materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

f)     Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the [copyright or other proprietary right] owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

g)    Sign the paper.

h)    Send the written communication for the attention of the Compliance Officer to the Contact Address set out in Section 21.

8)  Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

You shall not rely on the SITE or its content in any manner. In the event that you nevertheless chose to rely on the SITE and/or its content in any manner, you do so entirely at your own risk. We disclaim any and all liability for any and all damages arising out of or in connection with your access, viewing, use of and/or reliance upon the SITE and/or its content.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

9)  Limitation of Liability

IN NO EVENT SHALL WE OR OUR AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

10)     Indemnification

You hereby agree to defend, indemnify and hold us and our agents and affiliates harmless from any and all loss, liability, damages, claims and/or expenses of whatever nature, including legal fees, that we or any third party may suffer, arising directly or indirectly from or in connection with your use or misuse of this Site. We reserve the right, at our own expense and at our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11)     Waiver

Any failure by us, to enforce or exercise any provision of these Terms of Use or related rights, shall not constitute, operate or be construed as a waiver of that right or provision. Any waiver by us, of breach of any of these Terms of Use by you or another party, shall not constitute, operate or be construed as a continuing waiver.

12)     Force Majeure

We shall not be liable for delay or failure to perform any obligations under these Terms of Use if such delay or failure arises in connection with events or circumstances beyond our reasonable control, whether foreseeable or not, including but not limited to acts of God, fire, flood, earthquake, volcanic eruption, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor or industrial dispute, strike, lockout or interruption or failure of electricity or telephone service.

13)     Unenforceability

To the extent that any provision, portion or extent of these Terms of Use is found invalid, illegal or unenforceable, then that provision, portion or extent shall be severed or deleted here from or limited, so as to give effect to the remainder of the Agreement, which shall remain binding upon the Parties in full force and effect.

14)     Arbitration

Any and all controversies and disputes arising in connection with use of the Site, these Terms of Use and/or their interpretation shall be settled by arbitration in Clark County, Nevada, USA, in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction.

15)     Choice of Law

The law of the State of Nevada, without giving effect to its principles of conflicts of law or the United Nations Convention on Contracts for the International Sale of Goods, shall govern use of the Site, the validity and construction of these Terms of Use, and the interpretation of the rights and duties arising hereunder.

16)     Legal Action Costs and Time Limitation

In any action arising in connection with your Site use, these Terms of Use and/or their interpretation, the prevailing party shall be entitled to attorneys’ fees and costs. Any such cause of action brought by you against us must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

17)     Notices

You shall send any and all notices to us in writing, for the attention of Customer Service at the Contact Address set out in Section 21.

We may send notices to you to any postal and/or e-mail address that you may provide  when contacting us.In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

18)     Headings

The section headings used herein are for convenience only, shall have no legal or contractual effect, and are in no way to be used to construe, interpret, define, limit or extend the scope or intent of the language of the sections to which they pertain.

19)     Entire Agreement

These Terms of Use constitute the entire understanding and agreement by and between us concerning your use of the Site and the subject matter of these Terms of Use. Any and all prior agreements, understandings and representations concerning such subject matter are hereby terminated and cancelled in their entirety and are of no further force and effect.

20)     Miscellaneous

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

21)     Contact Information

Our Contact Address is:

Chefach Holdings LLC

3889 South Eastern Avenue
Las Vegas, NV 89169

If you notice that any user is violating these Terms of Use, please contact Customer Service at this address.

Thank you.