Our Terms of Use Updated on October 8, 2021

PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY BEFORE ACCESSING THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR WITH ANY PART OF OUR PRIVACY POLICY, DO NOT USE THIS SITE.

THIS IS A LEGAL CONTRACT. THESE TERMS OF SERVICE APPLY TO YOUR USE OF THIS WEBSITE, AND MAY AFFECT YOUR LEGAL RIGHTS.

BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY. 

Application of Terms, Introduction to Parties

These Terms of Use (these “Terms”) apply to your use of the website accessible at https://www.brettanthonyfoods.com/, including but not limited to any and all current and successor landing pages, web pages, domains, subdomains, web and mobile applications, dashboards, platforms, and technology of such website or maintained by D. A. Stein Culinary Group, LLC D/B/A Brett Anthony Foods, an Illinois limited liability company (“BAF,” “We” or “Us”) (collectively, the “Site”). The Site and all information and content thereon, including but not limited to any and all trademarks, service marks, copyrighted and copyright intellectual property is owned and operated by BAF. The term “Representatives” as used in these Terms means each and all past, present, and future owners, officers, shareholders, directors, members, managers, agents, representatives, employees, contractors, parent entities, affiliated entities, subsidiaries, successors and assigns of BAF. You, the user of the Site (“You”), and BAF are each a “Party” and together are the “Parties” to these Terms.

You understand and agree that BAF may utilize certain third-party software, hardware, websites, platforms, content, information, or materials (collectively, “Third-party Services”), and You agree that BAF and its Representatives are not liable or responsible for any such Third-party Services, or for any Third-party Services which may be accessed by You via third-party links on the Site, and You hereby hold harmless, waive, discharge, and covenant not to sue BAF or any of its Representatives in connection with any such Third-party Services.

The specific terms of your purchase order for products or services will govern your commercial relationship with BAF with respect to those products or services. If you have questions regarding a commercial order, please contact BAF at 847-272-4309 or via our online contact form

Acceptance of Terms

The Site is made available by BAF subject to these Terms. BAF reserves the right to update or amend these Terms from time to time in its discretion. In the event of any updates or amendments to these Terms, BAF will provide You with notice of the updates or amendments by any one or more means determined reasonable in its discretion, including but not limited to providing notice on the Site, providing email notice, or otherwise. These Terms, including the date of last revision, will always be available for your review directly on the Site. You may always request a copy of our most recent Terms by emailing Us at [email protected].

Your use of the Site after notice of updates or amendments constituteS your acceptance of and agreement to the Terms as updated or amended.

Eligibility

You must be at least eighteen (18) years old to use the Site. You warrant and agree that You are at least eighteen (18) years old and have the authority and capacity to enter into this legal contract. You warrant and agree that entering into these Terms and using the Site will not violate any other agreement to which you are a party or any restriction by which you are bound and will not create any conflict of interest.

Site Information and Activity

BAF reserves the right at any time and from time to time, in its discretion, to change information provided on the Site, including but not limited to its offerings, pricing, policies, or otherwise.

BAF reserves the right at any time and from time to time, in its discretion, to unilaterally modify, suspend or discontinue the Site, with or without notice. BAF may, in its discretion, restrict, limit, reject, refuse, revoke, freeze, or terminate any party’s access to the Site or remove or delete any data, inputs or other content or information from the Site.

Your Data

If You provide information or other materials to BAF through the Site, You warrant that You have the right to use and share such information with BAF, and You hereby grant to BAF a limited, royalty-free license to use, reproduce, and sublicense all such information and materials in connection with its business, in accordance with its privacy policies, and You warrant that no third-party can claim any damage, infringement, invasion of rights, misappropriation, or other violation with respect to any use by BAF of any of the same. You hereby authorize BAF to include your name, logo, or any other trademarks on its website and other marketing and promotional materials.

License Rights

The trade names, trademarks and service marks on the Site, including but not limited to the “look and feel” of the Site and Services and any and all pages, content, forms, information and materials associated therewith or in connection with which the Site are made available are owned by BAF, its licensors, or other respective owners, whether or not registered in any jurisdiction in the world, and may not without the specific, prior written consent of BAF or, if applicable, such other respective owners, be used in connection with any other site, business, product or service or be used in any way that is likely to cause confusion, mis-association or mis-identification. BAF owns or has license rights in all of the content, information and materials on the Site, including but not limited to any and all trademarks, service marks, copyrighted content, and otherwise.

Nothing contained in these Terms, on the Site, or related to BAF’s products or services will be construed, without the specific, prior written consent of BAF, as granting any right or license to You or any other party to use any of the trade names, trademarks, service marks, or other content or information on or in connection the Site or any of BAF’s products or services.

Notwithstanding the foregoing, You may share the link to the Site URL. You may generally share links to the web pages on the Site, unless those pages were specifically made available to You in connection with an individual purchase and are not otherwise publicly available on the Site. Solely for your own personal, private reference, on a limited, non-exclusive, revocable basis in connection with a prospective purchase, You may copy or download product or service information available on the Site, provided that You may not transfer, distribute, post, display, or otherwise share such information, and You acknowledge and agree that You have no right to sublicense the limited permission granted to You in this sentence. You may not otherwise copy the Site or any portion of it, including but not limited to any content or information on the Site, in whole or in part, for any purpose, without the specific, prior written consent of BAF. You understand and agree that all product and service information available on the Site is subject to change at any time.

You understand and agree that any use by You of the Site or any information or content thereon not in specific compliance with these Terms will constitute unlawful action by You under U.S. and international copyright, trademark and other laws and treaties. You agree that BAF has a right to audit your use of Site information and content and compliance with the limited permission granted to You herein, and a right of inspection with regard to same. In the event You violate your limited license rights or these Terms, BAF (and its licensors) will be entitled to any and all remedies at law and in equity available to them.

You acknowledge and agree that the restrictions and covenants contained in this Section and these Terms are reasonable in scope, are designed to eliminate behaviors that would otherwise be unfair, do not and will not interfere with your abilities to earn a living, do not confer any benefit upon BAF which outweighs any detriment to You, and are necessary to protect BAF’s legitimate business interests. If the length of time, type of activity, geographic area or other restriction set forth in any provision of this Section is deemed unreasonable, the Parties hereto agree that such restriction shall apply to the fullest extent allowed by applicable law, and such restriction shall be reduced or modified solely as necessary to comply with applicable law and to protect the substantial investment of BAF in its business and the goodwill, confidential information, and intellectual property attached thereto.

Disclaimer of Functions

WHILE WE WILL CONTINUE TO USE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE INTEGRITY AND FUNCTIONING OF THE SITE, YOU UNDERSTAND AND AGREE THAT THE INTERNET, WORLD WIDE WEB, AND INFORMATION AND DIGITAL TECHNOLOGY AND RELATED EQUIPMENT INHERENTLY INVOLVE A CERTAIN DEGREE OF RISK AND LACK OF CERTAINTY, RELIABILITY OR PREDICTABILITY, AND YOU ASSUME ANY AND ALL RISK WITH RESPECT TO YOUR USE OF THE SITE OR INABILITY TO ACCESS OR USE THE SITE. THE SITE AND ALL ELEMENTS OF THE SITE ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BAF HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; FUNCTIONALITY OR STABILITY; CONSISTENCY; LACK OF VIRUSES; SECURITY; ACCURACY OR COMPLETENESS OF INFORMATION, RESPONSES, OR RESULTS; CORRESPONDENCE TO DESCRIPTION; LACK OF NEGLIGENCE; WARRANTY, DUTY, OR CONDITION OF TITLE; QUIET ENJOYMENT; AND NON-INFRINGEMENT. BAF DOES NOT WARRANT, AND MAKES NO PROMISE, REPRESENTATION, OR GUARANTEE, THAT THE SITE WILL BE ACCESSIBLE OR RELIABLE, THAT THE FUNCTIONS OF THE SITE ARE OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVERS, SOFTWARE, HARDWARE, OR OTHER TECHNOLOGY THAT MAKE THE SITE AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT, INFORMATION, OR MATERIALS APPEARING OR CONTAINED ON THE SITE WILL BE CORRECT, ACCURATE, OR RELIABLE.

Limitation of Liability

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT IN THE EVENT OF BAF’S DIRECT, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, BAF AND ITS REPRESENTATIVES WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, TO YOU OR ANY OTHER PERSON, GROUP, OR ENTITY FOR ANY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE PROVIDED ON OR IN CONNECTION TO OR LINKED TO OR ADVERTISED OR PROMOTED ON THE SITE OR IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND, CHARACTER, OR NATURE, AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS, OR REVENUE, LOST DATA OR INFORMATION, LOST OR DAMAGED MATERIALS OR DOCUMENTS, HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION, ACTIONS OR INTERFERENCE OF THIRD PARTIES, OR ANY OR ALL OTHER TANGIBLE OR INTANGIBLE DAMAGES, INJURIES OR LOSSES OF ANY KIND OR NATURE, EVEN IF BAF OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, YOU HEREBY AGREE THAT EVEN IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR REMEDY HEREIN FAILS ITS ESSENTIAL PURPOSE, OR IN THE EVENT BAF OR ANY OF ITS REPRESENATIVES SHOULD BE HELD LIABLE FOR ANY DAMAGES UNDER THESE TERMS OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, THE FOREGOING LIMITATIONS, EXCLUSIONS, DISCLAIMERS AND REMEDIES APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT WILL BAF’S AND ITS REPRESENTATIVES’ ENTIRE COLLECTIVE, CUMULATIVE AND AGGREGATE LIABILITY IN CONNECTION WITH ANY AND ALL DAMAGE AWARDED TO YOU UNDER THESE TERMS OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE EXCEED FIVE HUNDRED U.S. DOLLARS ($500). IF YOU ARE A CALIFORNIA RESIDENT (OR RESIDENT OF ANY STATE WITH A LAW SIMILAR TO THAT REFERENCED IN THIS SENTENCE), YOU WAIVE CALIFORNIA CIVIL CODE §1542 (OR ANY SIMILAR SECTION OF ANY OTHER CODE OR LAW OF ANY OTHER STATE WHICH IS SIMILAR IN READING OR MEANING TO SUCH CODE SECTION) WHICH READS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY,” AS MAY BE AMENDED.

The Parties acknowledge and agree that the limitations of liability set forth herein reflect the allocation of risk negotiated and agreed between them with respect to the Site and Services, acknowledging that the Parties would not enter into these Terms without these limitations in place.

Indemnification

To the maximum extent allowed by applicable law, You hereby agree that You defend, indemnify, and hold harmless, BAF and its Representatives from and against any and all claims, demands, actions, suits, proceedings, arbitrations, mediations, investigations, threats of any of the foregoing, fees, costs, losses, damages, injuries, obligations, expenses, and liabilities of any nature whatsoever, including but not limited to any and all attorneys’ fees and other legal costs and costs of collection (collectively, “Costs”), arising out of or related to (1) your use or inability to use the Site; (2) any actual or alleged violation by You (or associated with your account) of these Terms or any provision thereof; (3) any infringement, invasion, misappropriation, breach of confidentiality, invasion of privacy, right of publicity, libel, defamation, harassment, or other violation of or against the rights or property of any third-party by You or associated with your account in connection with the Site or any element thereof. To the maximum extent allowed by applicable law, You hereby waive, discharge, and covenant not to sue BAF or any of its Representatives in connection with any such Costs. BAF reserves the right, in its discretion, to assume and assert the exclusive defense and control of any matter subject to indemnification and defense by You under these Terms, in which event You will fully cooperate with BAF with respect to its defense and control of the matter, including but not limited to in asserting any and all available defenses. Upon its demand, You will reimburse BAF or pay all Costs incurred by it in connection with each and any matter subject to your indemnification and/or defense hereunder.

Prohibited Activity

You agree to and will abide by, comply with, and act in accordance with the spirit and meaning of all applicable United States laws governing your use of the Site, the internet, and the World Wide Web. You have no license or right whatsoever to, and You will not, on your own or any third-party’s behalf or for your own or any third-party’s benefit, use (or allow or assist any other(s) to use) the Site for any unlawful purpose or engage (or allow or assist any other(s) to engage) in any prohibited activity on or in association with the Site or any element thereof, or take any action to affect or do anything to interfere in any manner whatsoever with the Site or any element thereof, including but not limited to actually, attempting or allowing any of the following:

• Copying, reproducing, republishing, forwarding, sharing, displaying, transmitting, posting, capturing, recording, distributing, modifying, adapting, creating derivatives of, decompiling, deriving source code, reverse engineering, uploading, downloading, translating, renting, leasing, selling, transferring, or exploiting the Site or any element thereof, including but not limited to any content, information, comments, communications, notes, text, data, forms, pages, materials, trademarks, service marks, or other intellectual property of or appearing on the Site;
• Removing any copyright, trademark or other proprietary rights notice from the Site or any content or materials available through or in connection to the Site;
• Damaging, disabling, overburdening, impairing, injuring, destroying, stealing, invading, infringing, threatening, abusing, interfering with, or otherwise violating the Site or any element thereof, or BAF’s or any other party’s privacy, rights, confidential information, or use or enjoyment of the Site;
• Hacking, password mining, harvesting, collecting, or gaining access to any unauthorized services, servers, accounts, systems, networks, databases, content, information, materials, software, hardware, or electronic, telecommunications, or other equipment;
• Disrupting, damaging, limiting, preventing, restricting, or interfering with the proper functioning of the Site or any element thereof or any software, hardware, or electronic, telecommunications, or other technology or equipment related thereto;
• Impersonating any person or entity, including but not limited to BAF or any Representative of BAF;
• Writing, contributing, publishing, posting, sharing, copying, forwarding, transmitting, displaying, using, reproducing, uploading, downloading, distributing, transferring, disseminating, injecting, or infecting into or onto the Site or any element thereof any:
  • inappropriate, profane, defamatory, harassing, threatening, libelous, tortious, obscene, offensive, indecent, injurious, invasive, misappropriated, infringing, or unlawful images, photographs, text, information, data, content, materials, matters, files, software, scripts, graphics, clips (audio or otherwise), videos, devices, or programs, including but not limited to that which may infringe, invade or otherwise violate others’ licenses, rights, or interests; impersonate any party; falsely state, misrepresent, or imply your affiliation with any party; or state or imply that We endorse any such information or contribution;
• images, photographs, text, information, data, content, materials, matters, files, software, scripts, graphics, clips (audio or otherwise), videos, devices, robots, or programs that “crawl,”  “spider,” “index,” “scrape,” “data mine,” contain viruses, Trojan Horses, Worms, time bombs, candlebots, or any corrupted, corrupting, harmful, or invasive effects, codes, information, instructions, sequences, data, or materials whatsoever or that otherwise gather, copy or reproduce content or circumvent the Site or any element thereof or the structure or integrity thereof or BAF’s rights therein;
• fraudulent, false, misleading, untruthful, or inaccurate statements or information; or
• unsolicited or unauthorized advertising or promotional information or materials or any junk mail, Mail list, Listserv, form of auto-responder, spam, or chain letters.

Account Responsibility

If you create an account on or in connection with the Site, You represent and warrant that all information submitted in connection with your account is truthful, complete, accurate and yours, and agree that You alone are responsible for maintaining the confidentiality of your account and password, and for restricting access to the devices through which You access the Site. You understand and agree that BAF may, in its sole discretion, reject, or require that You change, any user name or password for any reason. You accept full and sole responsibility for any and all activity conducted or occurring in, on, or under your account and any and all access and use of the Site made possible through the use of your account. You agree that You will not share, assign, or otherwise transfer your account to any other party for any purpose whatsoever without the prior written consent of BAF.

Electronic Communications and Written Evidences

You understand and agree that accessing the Site or communicating via email or through the Site with or to BAF constitutes electronic communication and establishes an electronic relationship between You and BAF for communication purposes. You consent to receive electronic communications from BAF, and agree that any and all agreements, notices, alerts, disclosures, updates, and other communications required or allowed to be delivered or provided to You in connection with any account or the Site may be delivered or provided electronically through the Site, through email, or through such other form or means of electronic communication which may be or become commonly used and accepted as a form of electronic communication, and that such communications constitute communications in writing and satisfy any and all legal requirements regarding communications in writing.

You agree that BAF may provide any notice or other communication required or allowed to be delivered to You in connection with these Terms or your use of the Site at the email address provided by You in connection with the Site or at the time You create  an account, if any, on or in association with the Site, and that any such notice will be deemed given upon its delivery.

Printed versions of these Terms, our Privacy Policy, and any notices, alerts, disclosures, updates, communications, or evidences (collectively, “Evidences”) of or relating to the Site will be admissible in arbitral, judicial, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and BAF each confirm that it is your wish that these Terms, our Privacy Policy, and any and all Evidences are, have been, and will be written in the English language only.

Public Bulletin Boards or Communication Services

The Site may feature one or more bulletin or message boards, chat areas, news groups, forums, communities, profiles, personal pages, calendars, or other pages, platforms, or facilities designed to allow You to communicate with groups or with the public at large (collectively, “Public Communication Services”). When communicating publicly, please always use caution if or when communicating any information about yourself, your location, or your children or loved ones. BAF does not control or endorse any content, materials, information, or communications appearing on Public Communication Services, is not and cannot be responsible or liable for the use of any such content, materials, or communications by third parties, and such content, materials, information, and communications do not necessarily reflect the views or opinions of BAF or its Representatives. BAF is not responsible or liable for, and specifically disclaims any and all liability regarding, any or all such content, materials, information, and communications, and You hereby hold harmless and waive, discharge, and covenant not to sue BAF or any of its Representatives in connection with any such content, materials, information or communications.  BAF reserves the right at all times in its discretion to remove, edit, or refuse to post, display, or publish any content, materials, information, or communications in whole or in part for any reason or no reason, including but not limited to complying with or satisfying any applicable law, regulation, legal process, or government request.

Links to Third-party Sites or Services

The Site may contain links to third-party websites, offerings, products, or services (collectively, “Linked Sites”). Linked Sites are not controlled or operated by BAF, and the presence of such a link does not imply any endorsement by BAF of the Linked Site or any association or affiliation between BAF and the owners or operators of the Linked Site. BAF is not responsible or liable for any content or information appearing on any such Linked Site or for your experience with respect to any such Linked Site. BAF does not endorse, guarantee, or warrant the products or services of any third-party or website, and BAF is not an agent, broker, dealer, or representative of, or otherwise responsible or liable for or on behalf of, any such third-party, services, products, offerings, or websites. Linked Sites are provided for your convenience only. You understand and agree that You connect to, access, or use any such Linked Site solely at your own risk.

Termination of Agreement

These Terms are effective until terminated by BAF. And amendment or modification of these Terms is effective as indicated by BAF with respect thereto. You understand and agree that BAF may terminate your access to or use of the Site at any time for any reason or no reason, including but not limited to in the event BAF reasonably believes or has cause to believe You have violated these Terms or acted inconsistently with the spirit of these Terms. Immediately upon any such termination, your rights to access or use the Site will terminate, and any related information may be deleted or deactivated, or both, and may not be recoverable, and any of this may occur without your prior notice. You hereby hold harmless, waive, discharge, and covenant not to sue BAF or any of its Representatives in connection with any of the foregoing, and You hereby agree that BAF and its Representatives are not liable to You or any third-party in damages or otherwise for any of the same.

Force Majeure

You hereby agree that BAF will not be liable or responsible or deemed in breach or default of any provision of these Terms, or for delays, changes, or failures in performance or partial or incomplete performance, caused by or as a result of or in connection with events, circumstances or forces beyond its reasonable control or determined necessary or appropriate in its sole discretion in connection with any such events, circumstances, or forces.

No Agency

You understand and agree that no principal-agent, fiduciary, partnership, joint venture, employer-employee or representative relationship exists or has been created as a result of these Terms, our Privacy Policy, or your use of the Site, and neither You nor BAF has any right or authority of any kind whatsoever to act on behalf of or bind the other respective Party.

United States Service

The Site is operated within the United States, and all data and information submitted or inputted will be connected and transferred to, and used within, the United States. By accessing this Site, You consent to this use and transfer. If You are using the Site from outside the United States, additional laws may apply. Please ensure your use of the Site is appropriate for You and in your jurisdiction. If You access the Site from outside the United States, You do so at your sole initiative and risk and are solely responsible for compliance with any and all applicable laws and consequences of your access and use. You may not use the Site in any jurisdiction in which such use would be illegal or unlawful.

Governing Law

These Terms and any amendments to these Terms are governed, to the maximum extent allowed by applicable law, exclusively by these Terms and construed and enforced in accordance with Illinois domestic, substantive law, without giving effect to any choice or conflict of law rule or provision which would cause the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Entire Agreement

These Terms and your agreement to the Privacy Policy constitute the entire agreement and understanding between You and BAF with respect to the subject matter of each and all thereof and supersede any and all written and oral prior and contemporaneous agreements, understandings, offers, negotiations or other communications between the Parties with respect to the subject matter of any thereof. These Terms may only be modified or amended by BAF in its discretion, and any modified or amended Terms will supersede the previous version of these Terms.

Remedies

BAF’s remedies for any breach by You of these Terms include all possible remedies at law and in equity, and nothing contained in these Terms will be deemed to limit BAF’s remedies hereunder.

Severability

The Parties intend and believe that each provision of these Terms comports with all applicable law. However, if any provision of these Terms is found to be in violation of any applicable law or otherwise invalid or unenforceable as written, then it is the intent of the Parties that such provision be construed so as to limit, modify or interpret any such unlawfulness, invalidity, or unenforceability to make such provision valid and enforceable within the requirements of applicable law and so as to give such provision, as closely as possible according to the Parties’ intentions, full force and effect to the fullest possible extent that it is legal, valid, and enforceable or, in the event such provision cannot be so limited, modified, interpreted or made, that these Terms be construed so as to omit such provision, and in any case, that the remainder of these Terms and the Parties’ rights and obligations hereunder continue in full force and effect and be unimpaired.

Waiver

The waiver of any breach of any provision of these Terms is not and will not be deemed estoppel against asserting the right to require such performance in the future or a waiver of any other provision, or any subsequent breach of the same or any other provision, of these Terms.  All remedies are cumulative.

Construction

Words and phrases used in these Terms, including but not limited to any acknowledgment hereof, will be construed and applied flexibly as in the singular or plural number, or masculine, feminine, or neutral genders, as the context upon interpretation or application so requires, and will not be used to strictly limit any interpretation or application of these Terms or any provision of these Terms.

Survival

All of the agreements, understandings, and obligations contained in these Terms that expressly by their terms or implicitly by their nature are intended to continue after termination of these Terms or your use of the Site will survive any such termination and continue in full force and effect.

Dispute Resolution

In the event You feel a matter of concern exists regarding your use of the Site or these Terms, please contact BAF at [email protected].

Should any matter or dispute remain unresolved between You and BAF, such matter or dispute shall be subject to final and binding arbitration conducted by a single, neutral arbitrator, instead of in a court by a judge or jury. By accessing this Site, You hereby agree that You are waiving any right to a trial by jury. By accessing this Site, You hereby agree that any arbitration hereunder or in connection herewith or with the Site will take place on an individual basis, and that class arbitrations shall be prohibited, and You hereby agree that by accessing the Site, You give up the ability to participate in a class action in connection with these Terms or the Site. Any arbitration hereunder or in connection herewith or with the Site shall be administered by the American Arbitration Association, with any in-person proceedings to be conducted in Chicago, Illinois, in a manner that preserves confidentiality.  The subject matter before the arbitrator may include claims for monetary damages and equitable and injunctive relief, and the prevailing Party in any such matter or dispute shall be entitled to recover its costs and reasonable attorneys’ fees. The decision or award of the arbitrator will follow these Terms and will be final and binding, and judgment upon such decision or award may be entered in any competent court, expressly including any such court sitting in Cook County, Illinois. The arbitrator shall have the authority to award temporary, interim, or permanent injunctive or other equitable relief or specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this provision, and any such entire dispute, including scope and enforceability of this provision, will be determined by the arbitrator. This provision survives any termination of the Terms or your use of the Site.

Questions

If You have any questions regarding these Terms, our Privacy Policy, or your use of the Site, please contact Us at [email protected]. You may reach Us by mail at D. A. Stein Culinary Group, LLC D/B/A Brett Anthony Foods, 1350 Greenleaf Avenue, Elk Grove Village, IL 60007.