These Terms of Use were last revised on February 13, 2025.
Specialty Foodies LLC, a Nevada limited liability company ("Specialty Foodies") provides the specialityfoodies.com site and related goods and services, including any and online software, and other services (collectively, the "Specialty Foodies Service") subject to your compliance with the terms and conditions set forth below. Your use of the Specialty Foodies Service signifies your acknowledgement of and agreement to these Terms of Use.
These Terms of Use apply to all users of the Specialty Foodies Service. The term "users" includes both registered members of the Specialty Foodies Service and any other person that accesses or uses the Specialty Foodies Service at any point for any amount of time.
1. SUBSCRIPTIONS / MEMBERSHIP AREAS. If you subscribe or otherwise register to become a member of the Specialty Foodies Service, the following provisions will apply in addition to the other Terms of Use.
1.1. Payments / Fees. The Specialty Foodies Service may have recurring subscription fees disclosed at the time of the initial enrolment. You are responsible for such recurring fees according to the terms and conditions of the Specialty Foodies Service. Subscription and membership fees are subject to change at any time at the sole and absolute discretion of Specialty Foodies.
1.2. Automatic Recurring Billing. In accordance with the terms and conditions of the Specialty Foodies Service, subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from you. Unless and until your subscription is cancelled in accordance with the Terms of Use, you hereby authorize Specialty Foodies to charge your chosen payment method to pay for the ongoing cost of membership. You hereby further authorize Specialty Foodies to charge your chosen payment method for any and all additional purchases of materials you purchase on the Specialty Foodies Service.
1.3. Rejection of Orders. Specialty Foodies may reject your order for any reason. Reasons for rejecting an order include:
(a) pricing error;
(b) unavailability;
(c) rejection of payment;
(d) suspected fraudulent activity; or
(e) orders connected with a previous credit card dispute.
1.4. Sales Tax. Specialty Foodies charges sales tax where required by law. If sales tax is charged, the appropriate charges will be added to your purchase and displayed in your shopping cart and on your invoice.
1.5. Price Changes. Specialty Foodies may change the price of any membership tier, item, or service at any time.
1.6. Cancellation. At any time, and without cause, subscription to the service may be terminated by you, Specialty Foodies, or the Specialty Foodies Service. When you cancel, you are liable all for charges incurred up to and including through your current subscription period. Once you cancel a subscription, it will result loss of access to at the end of your current subscription period. Cancelation requests may take up to 3 business days.
1.7. Cardholder Disputes/Chargebacks. All chargebacks are thoroughly investigated and may prevent you from making future purchases for other Specialty Foodies Service products and/or services.
1.8. Fraudulent Activities. Specialty Foodies will prosecute to the fullest extent of the law any fraudulent activities related to any chargebacks or reversals of a valid charge for an order.
1.9. Returns / No Warranties. There are no product or service warranties of any kind. Subscriptions and digital content are not eligible to be returned or exchanged.
1.10. Authorization of Use. Any subscription you purchase grants you a single right of access. This right of access is authorized for the sole use by one (1) subscriber. No material you access with a subscription may be transferred to any other person or entity, whether commercial or non-commercial. No material accessed through a subscription may be displayed publicly or shared. In addition, materials may not be modified or altered.
1.11. No Transfer of Access Rights. You may not under any circumstances transfer your access right to any other person or entity. You are required to keep your access rights strictly confidential. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, you must immediately notify Specialty Foodies of the security breach.
2. WEBSITE ACCESS
2.1. Access. Specialty Foodies grants you a limited, revocable, nonexclusive license to access the Specialty Foodies Service for your own personal use.
2.2. Account Creation. In order to access some features of the Specialty Foodies Service, you will have to create an account. You may never use another's account. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the Specialty Foodies Service, you are required to update that information immediately.
2.3. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Specialty Foodies immediately of any breach of security or unauthorized use of your account. Although Specialty Foodies will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Specialty Foodies or others due to such unauthorized use.
2.4. Automated Systems. You agree not to use or launch any automated system, including without limitation, "scrapers," "robots," "spiders," and "offline readers" that access the Specialty Foodies Service. You agree not to collect or harvest any personally identifiable information, including account names, from the Specialty Foodies Service, nor to use the communication systems provided by the Specialty Foodies Service for any commercial solicitation or illegal or improper purposes.
2.5. Search Engines. Notwithstanding the foregoing, Specialty Foodies grants the operators of recognized international public search engines, such as Google, Bing, and DuckDuckGo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Specialty Foodies reserves the right to revoke these exceptions either generally or in specific cases.
2.6. Artificial Intelligence Bots and Tools. DXT prohibits the use of any material on specialityfoodies.com or the Specialty Foodies Service from being used for training or any other purpose by artificial intelligence systems ("AI") including large language models ("LLMs"). Any use of any material on specialityfoodies.com or the Specialty Foodies Service by AI or LLMs is a violation of these Terms of Use and Specialty Foodies' intellectual property rights.
2.7. Termination of Account. You agree that Specialty Foodies, 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 Specialty Foodies Service (or any part thereof), immediately and without notice, and remove and discard any content within the Specialty Foodies Service, for any reason, including, without limitation, if Specialty Foodies believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Specialty Foodies shall not be liable to you or any third-party for any termination of your access to the Specialty Foodies Service. Further, you agree not to attempt to use the Specialty Foodies Service after said termination.
2.8. Termination of Service. Specialty Foodies may modify, suspend, discontinue, or restrict the use of any portion of the Specialty Foodies Service, including the availability of any portion of the content at any time, without notice or liability. The Specialty Foodies Service may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, the Specialty Foodies Service or Specialty Foodies may at any time transfer rights and obligations under these Terms of Use to any Specialty Foodies affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Specialty Foodies, the Specialty Foodies Service or any of their respective assets. You agree that Specialty Foodies shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
2.9. Third Party Links. The Specialty Foodies Service may contain links to third party websites that Specialty Foodies does not own or control. Specialty Foodies assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Specialty Foodies will not and cannot censor or edit the content of any third-party site. You expressly relieve Specialty Foodies from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Specialty Foodies Service and to read the terms and conditions and privacy policy of other websites that you visit.Consent to Electronic Service. When you use the Specialty Foodies Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Specialty Foodies Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. INTELLECTUAL PROPERTY INFORMATION
3.1. Ownership. All content on the Specialty Foodies Service, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Specialty Foodies. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. The Specialty Foodies Service is protected by copyright law, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
3.2. Derivative Works / Redistribution Prohibited. Any reproduction, modification, creation of derivative works from or redistribution of the site 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 Specialty Foodies.
3.3. Reproduction Prohibited. You further agree not to reproduce, duplicate or copy Content from the Specialty Foodies Service, or incorporate the Content into an AI system or LLM, without the express written consent of Specialty Foodies, and agree to abide by any and all copyright and other legal notices displayed on the Specialty Foodies Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Specialty Foodies Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Specialty Foodies Service.
3.4. Embedded Content / Frames. You may not embed the Specialty Foodies Service or place the Specialty Foodies Service within inline links, frames, or iframes.
4. WARRANTY DISCLAIMER
4.1 THE SPECIALTY FOODIES SERVICE, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPECIALTY FOODIES HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
4.2. SPECIALTY FOODIES MAKES NO WARRANTY THAT: (I) THE SPECIALTY FOODIES SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SPECIALTY FOODIES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPECIALTY FOODIES SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SPECIALTY FOODIES SERVICE WILL BE CORRECTED.
4.3. SPECIALTY FOODIES IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND SPECIALTY FOODIES WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
4.4. YOU ACKNOWLEDGE THAT SPECIALTY FOODIES HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON THE SPECIALTY FOODIES SERVICE, THE TRUTH OR ACCURACY OF ANY THIRD-PARTY CONTENT.
4.5. SPECIALTY FOODIES, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SPECIALTY FOODIES SERVICE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SPECIALTY FOODIES SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SPECIALTY FOODIES SERVICE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SPECIALTY FOODIES SERVICE AND/OR THOSE SERVICES.
5.6. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
5. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT SPECIALTY FOODIES IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, SPECIALTY FOODIES IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPECIALTY FOODIES, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPECIALTY FOODIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
6. UNSOLICITED MATERIAL AND IDEAS
6.1. We are happy to hear from users and welcome feedback regarding the Specialty Foodies Service. However, if you transmit unsolicited submissions to us through the Specialty Foodies Service or otherwise, you grant Specialty Foodies a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Specialty Foodies sees fit.
6.2. By using the Specialty Foodies Service and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Specialty Foodies Service, Specialty Foodies and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
7. INDEMNITY
7.1. You agree to defend, indemnify and hold harmless Specialty Foodies, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) your use of and access to the Specialty Foodies Service;
(b) your violation of any term of these Terms of Use;
(c) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(d) your violation of any law, rule or regulation of the United States, any state, or any other country;
(e) any claim that Third-Party Content posted by you or using your account caused damage to another party.
(f) any other party's access and use of the Specialty Foodies Service with your account.
7.2. This defense and indemnification obligation will survive these Terms of Use and any termination of your use of the Specialty Foodies Service.
8. DIGITAL MILLENNIUM COPYRIGHT ACT
8.1. Infringement Not Permitted. Specialty Foodies does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Specialty Foodies will remove any content if properly notified that such content infringes on another's intellectual property rights. Specialty Foodies reserves the right to remove any content without prior notice.
8.2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Specialty Foodies' designated Copyright Agent to receive notifications of claimed infringement is:
Specialty Foodies LLC
Attn: Copyright Agent
PO BOX 27740
Las Vegas, NV 89126
labs@schaefer.co
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
8.3. Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
8.4. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, the Specialty Foodies Service may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Specialty Foodies Service's sole discretion.
9. PRIVACY POLICY
9.1. Specialty Foodies has established a Privacy Policy to explain to users how personal information is collected and used, which may be reviewed and accessed from the website: https://specialityfoodies.com/
9.2. Your use of the Specialty Foodies Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Specialty Foodies may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, or respond to claims from third-parties.
10. GOVERNING LAW / DISPUTES
10.1. You agree that the Specialty Foodies Service shall be deemed solely based in the State of Nevada.
10.2. The Specialty Foodies Service shall be deemed a passive website that does not give rise to personal jurisdiction over Specialty Foodies, either specific or general, in jurisdictions other than Nevada.
10.3. Governing Law / Jurisdiction. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.
10.4. Disputes. Any dispute, claim or controversy arising out of or relating to the Specialty Foodies Service, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Specialty Foodies Service (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). For any actions brought in court, You and Specialty Foodies consent to the sole and exclusive jurisdiction of the courts located in Clark County, Nevada, including for acts occurring outside of the United States.
10.5. Statute of Limitations. You agree to file any claim regarding any aspect of the Specialty Foodies Service or these Terms of Use within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
10.6. Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND Specialty Foodies AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11. ASSIGNMENT / MODIFICATION
11.1. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Specialty Foodies may assign these Terms of Use, and any rights and license granted hereunder without restriction.
11.2. Modification. We reserve the right to amend these Terms of Use at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. The most current version of these Terms of use will supersede all previous versions. Your continued use of the Specialty Foodies Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Specialty Foodies Service.
12. ABILITY TO ACCEPT TERMS OF USE
You hereby declare, represent and warrant that you (either personally or through parental or guardian consent) are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. The Specialty Foodies Service is not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.
13. CONSENT
By using the Specialty Foodies Service in any way, you agree to comply with these Terms of Use. In addition, when using a particular service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Specialty Foodies Service in any way, your only recourse is to immediately discontinue your use of the Specialty Foodies Service.
