Terms and conditions
StarChefs.com JobFinder purchases are non-refundable.
StarChefs’ resume database is a private database for use only by registered users who purchase such access. A registered user is defined as one unique user with one unique password. Each password is for the sole use of the named registered user while You employ such registered user. If You share Your passwords with non-registered users, StarChefs may revoke all passwords without refund. You agree to notify StarChefs promptly after the departure of any person to whom You provided a password, and StarChefs reserves the right to cancel such password and issue a new password in lieu thereof. StarChefs reserves the right to periodically change issued passwords. In addition, You agree that you will only use resumes You find on the Site for Your recruiting purposes and You will not share them with any person not employed by You.
You may not cancel this Agreement during the Commitment Period, and prepaid amounts are non-refundable.
The Commitment Period is the length of time You have committed to use StarChefs’ services. You will be charged the fees related to the services you have purchased in accordance with your desired billing frequency, which may not be less frequent than monthly. You may elect to pay by credit card or to receive an invoice. If you elect to receive an invoice, payment shall be made to StarChefs upon receipt of such invoice. StarChefs reserves the right to change its fee structure at any time for any reason, but rate increases will not become effective until the next Commitment Period begins. This Agreement shall remain in effect for so long as You have requested to receive services from StarChefs hereby or in connection with any Change Order that You may execute from time to time. Subscriptions do not need to be renewed after 6 months. Monthly billing will continue until written notice is received to opt out of program with 30 days notice.
If You breach any provision of this Agreement or the terms of use, StarChefs may: (i) suspend or terminate your StarChefs.com service and/or (ii) pursue all other available remedies to enforce this Agreement and obtain payment hereunder, including recovery from You of StarChefs’ reasonable costs and attorneys fees incurred. Notwithstanding the foregoing, StarChefs may suspend or terminate Your service at any time in its discretion without notice other than for breach of this Agreement, with a refund only of any prepaid but unapplied fees, if any. Limit one position advertised per job posting at any one time. You can change your posting as often as you like. Your ad will be cancelled without refund if you advertise more than one position per posting.
The contents of the Site (including, without limitation all job postings and all resumes), and all elements which are a part thereof, and all intellectual and other proprietary rights therein, are and shall remain at all times the property of StarChefs. Notwithstanding the foregoing sentence, any content placed on the Site by you hereunder, and all elements which are a part thereof, and all intellectual and other proprietary rights therein, are and shall remain at all times Your property. You hereby grant us the right to publicly display on the Site job postings placed on the Site by You hereunder. In connection with Your membership and for promotional purposes, You hereby grant StarChefs the right to use Your name and logo on the Site. StarChefs will not be liable whatsoever for any failure to provide reference or access to the Site due to systems failure, technological failure of StarChefs or the Web, or any other cause outside StarChefs’ control. You shall have absolutely no recourse against StarChefs for any alleged or actual infringement of Your proprietary rights by third parties or for harm due to unauthorized use of Your postings by third parties, including, without limitation, unauthorized reproduction and tampering by network "hackers."
In using the Site, you will abide by all applicable laws, rules and regulations, including equal opportunity laws, and you will not use the system to commit a crime, libel, slander, obscenity, indecency, intellectual property infringement, or to plan, encourage or help others to do so.
You agree to indemnify and hold harmless StarChefs, its successors, officers, directors, employees and agents from and against any and all claims, actions, demands, costs, liabilities and expenses (including reasonable legal and accounting fees) arising or resulting from Your breach of this Agreement or from Your provision of any material to the Site, including claims of breach of third party intellectual property rights.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER YOUR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY’S RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. IN ANY EVENT, EXCEPT FOR YOUR INDEMNFICATION OBLIGATIONS, EACH PARTY’S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO STARCHEFS HEREUNDER.
THE SITE IS PROVIDED "AS IS" AND STARCHEFS MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHERWISE WITH RESPECT TO ITS SERVICES OR THE SITE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF.
Notwithstanding anything to the contrary contained herein, Your use of the Site is expressly limited to recruiting employees for You and is subject to the terms of use available from the Site’s homepage. By Your execution hereof, You agree to abide by such terms of use, as they may be amended from time to time.
This Agreement (a) shall be governed by the laws of the State of New York (other than the conflicts of laws provisions thereof) and You consent to the jurisdiction of the Federal or state courts in New York County, (b) may be amended only by a writing signed by both parties and (c) constitutes the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties. The parties' rights and obligations will bind and inure to the benefit of their respective successors and permitted assigns. You will ensure that all of your employees and representatives using, or otherwise having access to, the system do so only in accordance with these terms. These terms shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent.
You represent that the person whose name is set forth below is authorized to sign this Agreement on behalf of the Company.