Terms of SERVICE

Cooking With Ayana LLC Terms of Use

These Terms of Use, together with Cooking With Ayana LLC’s Privacy Policy (“Privacy Policy”), set forth the terms and conditions (“Terms”) that apply to your access and use of the Cooking With Ayana LLC (“Cooking With Ayana”) website, located at www.cookingwithayana.com (together, the “Site”). “Cooking With Ayana LLC” includes Cooking With Ayana and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. Cooking With Ayana services may include, but are not limited to food preparation, culinary education, and catering services (collectively, the “Services”).

By using or accessing the Site you (i) agree to these Terms, as updated from time to time in accordance with Section 14 below, (ii) represent and warrant that you are of legal age to form a binding contract with Cooking with Ayana, and (iii) agree to use the Site in compliance with any and all applicable laws and regulations. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. Because Cooking With Ayana provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service, such as an order form. These Terms state that any disputes between you and Cooking With Ayana must be resolved in arbitration or small claims court.

Prohibited Conduct. You agree not to:

Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;

Violate or encourage others to violate the rights of Cooking with Ayana or any third parties, including intellectual property rights;

Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

Interfere in any way with security-related features of the Site;

Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Cooking with Ayana’s express written permission; or

Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, or falsifying your identity or any information about you, including age or date of birth.

Electronic Communications, Alerts, Notifications. As part of the Site and Services offered by Cooking with Ayana, you may receive notifications, alerts, emails, or other types of electronic communications regarding the Site and Services. You acknowledge and agree that you may receive communications from us electronically, such as via e-mail or text message or through notices and messages on our Site. 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. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you. Additionally, we may use third party vendors to communicate with you. To the extent you have any questions, please refer to their terms of use.

Third Party Content. The Site may contain links to third party websites and services including, but not limited to, Facebook, Twitter, LinkedIn, Instagram, and YouTube. Cooking with Ayana provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Cooking with Ayana has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. Cooking with Ayana shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services. Cooking with Ayana may disable all or any social media features and any links at any time without notice in our discretion.

Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to Cooking with Ayana through this Site. This Site and its entire contents, features, and functionality are owned by Cooking with Ayana, its licensors, or other providers of such material and is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to Cooking with Ayana, except third-party trademarks or service marks, which are the property of their respective owners.

User Content. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact our Designated Agent:

Name of Designated Agent: Ayana Chung

Company Name: Cooking with Ayana LLC

Mailing Address: 58-12 Queens Blvd, Suite 2 #1178, Queens, NY 11377

Phone: +1 (646) 926-3387

Email: cookingwithayana@gmail.com

You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner’s behalf.

Information About You and Your Visits to the Site. All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Pricing. The prices displayed for Services via the Site represent the prices before accounting for any applicable taxes. Final amounts due for Services will be communicated to you after making a Service Inquiry in accordance with Section 10 below. The prices displayed on the Site are quoted in U.S. dollars.

Service Information. We make every effort to present the most recent, accurate, and reliable information on the Site at all times. However, occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to Service descriptions, pricing, promotions, offers, and availability. Services displayed may be unavailable or discontinued, and prices are subject to change. Cooking with Ayana is not responsible for errors regarding price, availability, or any other matter.

10.

Service Inquiry. Placing an inquiry on our Site does not mean an order will be automatically generated. After receiving your inquiry, we will contact you to confirm receipt and determine all details, such as the delivery date. If any problems arise with your order, or with the method of payment associated with your purchase, and we are unable to resolve the problem, we may notify you via the contact information provided at the time of your purchase. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future purchases until the problem has been resolved.

11.

Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Cooking with Ayana from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Cooking with Ayana reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

12.

Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.

13.

Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, Cooking with Ayana, in its sole discretion, may suspend or terminate some or all of your access to the Services at any time, with or without notice to you

14.

Modification of the Terms. Cooking with Ayana reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.

15.

Disclaimers of Warranties. The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Cooking with Ayana seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. Cooking with Ayana specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. Cooking with Ayana does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.

16.

Limitation of Liability. In no event will Cooking with Ayana be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Cooking with Ayana has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

17.

Governing Law. These Terms are governed by the laws of the United States and the State of New York, without regard to conflict of law principles. Subject to Section 19, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Cooking with Ayana agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Kings County, New York, for the purpose of litigating any such disputes.

18.

Geographic Restrictions. We provide the Site for use only by persons located in the United States. We make no claims that the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19.

Dispute Resolution by Binding Arbitration. In the interest of resolving disputes between you and Cooking with Ayana in the most expedient and cost-effective manner, you and Cooking with Ayana agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

20.

Modification of the Site. Cooking with Ayana reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that Cooking with Ayana will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.

21.

General.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Cooking with Ayana regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.

No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Last updated: February 10th, 2025