1. What Websites Does This Agreement Apply To?
This Agreement applies to websites owned and controlled by Company, including but not limited to, www.americankitchen.com, www.espro.com, www.lifetimecookware.com, www.royalqueencookware.com, www.regalware.com, www.saladmaster.com, www.westbendcookware.com and related mobile applications (collectively, the “Website”). This Agreement does not apply to any website owned or operated by any third party, even if such third party website links to a Website or if a Website contains links to a third party website.
2. Purchases and Returns
All purchases made on or through a Website shall be subject to that particular Website's Terms of Sale and Return Policy, which may differ from Website to Website.
4. Modifications to Websites, Products and Services
Company reserves the right to modify in whole or in part, or temporarily or permanently discontinue, any Website or any products, services or content contained on a Website for any reason and at any time without notice.
5. Links to Other Websites
The Websites include links to and utilize tools and other functionality from other websites (collectively, 'Third Party Websites'). You acknowledge that Company does not control the Third Party Websites and is not responsible for any content, services, products or practices of the Third Party Websites. Your use of any Third Party Websites is at your own risk.
6. Website Availability
Company periodically schedules system downtime for maintenance and other purposes and a Website may be unavailable due to unplanned system outages or circumstances outside of Company's control. Company shall have no liability to any user or third party whatsoever for the resulting unavailability of a Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages.
The Websites may utilize both secure and non-secure sections and pages. Company uses commercially reasonable security protocols to protect the transmission of data submitted using the secure portions of the Websites. Before submitting any sensitive data using the Websites, be sure your web browser displays a secure web address beginning with “https://...” Although Company cannot guarantee that unauthorized third parties will never be able to defeat the security measures employed by Company, we periodically update our technology in order to improve the protection of consumer information.
8. Ownership of Website Content
Company, its affiliates, or third party content or service providers own all copyrights, trademarks, trade dress and other intellectual property contained on the Websites, mobile applications or contained in email correspondence you may receive through a Website (collectively, “Content”). Content includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content. Content is protected by trade dress, copyright, patent and trademark laws, treaties and various other intellectual property rights and unfair competition laws around the world. All such rights are hereby expressly reserved.
NOTHING CONTAINED IN THIS AGREEMENT GRANTS YOU ANY RIGHT OR LICENSE TO USE ANY CONTENT APART FROM YOUR ACCESS AND USE OF SUCH CONTENT ON A WEBSITE.
9. Use of content
Notwithstanding the above, you shall not use any Content as part of a domain name, social media account name or user group.
Company reserves the right to remove, or have removed, any Content from any third party website or social media website in Company's sole discretion. You agree to comply with or not oppose any take down request made by or on behalf of Company.
The above limited license to use Content does not apply to the use, downloading, compiling, data mining, reverse engineering or exporting of software or technical data from a Website for any reason.
10. Use of the Websites
You agree to use the Websites only for lawful purposes and comply with the following:
(a) Specifically you agree not to do any of the following: (i) communicate to Company or upload to or transmit on a Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use a Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit use of a Website by others; (vi) upload or otherwise transmit files that contain a virus or corrupted data; (vii) collect information about others (including email address) without their consent (viii) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over a Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on a Website); (ix) post 'spam', transmit chain letters or engage in other similar activities; or (x) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of a Website, or which, as determined by Company, may harm Company or users of a Website or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chat room or any other publicly available section of a Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Company or to any area of a Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Company and/or post it to a Website. You grant to Company the right to use all content you upload or otherwise transmit to Company or a Website in any manner Company chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) Company reserves the right, but does not assume any responsibility, to (i) remove any material posted on a Website which Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Company has been notified, or has reason to believe, constitutes a copyright infringement; and (ii) terminate any user’s access to all or part of a Website. However, Company can neither review all material before it is posted on the Company Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Company reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Company Website and may expose you to civil and criminal liability.
11. User Feedback and Product Reviews
Portions of the Websites may allow users to submit product reviews. If you post any review on a Website, you grant Company and its third party marketing and advertising partners the right to use, publish, republish, and distribute that review, or portions thereof, online, in product catalogs and other marketing and advertising materials.
Company welcomes consumer feedback about its products. However, you agree that: (a) your product feedback, ideas or submissions and their contents along with related intellectual property rights will automatically become the property of Company, without any compensation to you; (b) Company may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (c) there is no obligation for Company to review the submissions; and (d) there is no obligation to keep any submissions confidential.
12. Account and Membership Information
Certain Websites may allow you to set up an account or subscribe to certain features or benefits, including creating a unique username and password or providing certain personal information.
By joining, subscribing or submitting information to Company through a Website, you expressly agree to (a) keep your login and password information confidential; (b) ensure that any person accessing your account is aware that the account is subject to this Agreement; (c) supervise and be responsible for any use of your account; (d) promptly change your login information if you believe that an unauthorized person has access to your login information.
Furthermore, by joining, subscribing or submitting information to Company through a Website, you expressly grant Company, its affiliate, or third party service provider the right to communicate with you via e-mail, mail, fax or telephone.
You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to suspend or cancel any user account for any other reason in its sole and absolute discretion.
13. Product Display
Company has made every effort to accurately display the products featured on the Websites. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor's display of any color, texture, or merchandise details will be accurate. If for any reason you are not completely satisfied with your purchase, please see the Website’s return policy.
14. Website Errors
We attempt to provide the most recent, accurate, and reliable information on our Websites. However, there may be occasions when information featured on our Websites may contain typographical errors, incomplete data, inaccuracies, or items featured on the Websites that are no longer in stock. We do not warrant that the information accessible via these Websites is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time.
15. User Comments and Submissions
Company welcomes user and consumer comments regarding the Websites and Company products and services. However, any non-personal information you transmit to Company through a Website is not, and will not be treated as private, confidential or proprietary. We may make unrestricted use of any non-personal information you transmit to Company through a Website.
16. Warranty and Liability Disclaimers
Company does not assume any liability for the materials, information and opinions provided on, or available through, a Website or any other Company website (“Site Content”). Reliance on the Site Content is solely at your own risk. Company disclaims any liability for injury or damages resulting from the use of any Site Content.
THE WEBSITE, ALL OTHER WEBSITES, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE OR ANY OTHER COMPANY WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY WARRANTS OR REPRESENTS THAT ANY WEBSITE, ITS CONTENT OR THE SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
17. LIMITATION OF DAMAGES
IN NO EVENT WILL COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY WEBSITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IF YOU HAVE A CLAIM AGAINST COMPANY THAT ARISES OUT OF THIS AGREEMENT OR IS OTHERWISE RELATED TO THE WEBSITE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY TO YOU BE MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID COMPANY FOR SERVICES RELATED TO THE WEBSITE OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.
19. Governing Law and Jurisdiction
Unless otherwise required by applicable law, this Agreement, and Company's operation of the Websites, shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin without regard to its conflicts of laws provisions. Any disputes arising out of this Agreement shall be adjudicated in Washington County, Wisconsin or Milwaukee County, Wisconsin or by a federal court of competent jurisdiction in the Eastern District of the State of Wisconsin. You waive any objection to such jurisdiction or venue.
20. Governing Language
Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
21. Resolving Disputes; Arbitration
You and Company agree that disputes related to this Agreement will be handled through arbitration, except that either you or Company may bring a lawsuit solely for injunctive relief to stop unauthorized use of a Website or any copyright, trademark or other intellectual property infringement. Prior to commencing an arbitration proceeding, we ask that you attempt to resolve any claim informally by contacting Company. If your claim is not resolved within thirty (30) days of the date you contact Company regarding your claim, you or Company may initiate a formal arbitration proceeding. The arbitration will be governed by the American Arbitration Association, which will administer the arbitration under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration will be held in Wisconsin.
You agree that any disputes will be handled on an individual basis, and no part of the arbitration or court proceeding will involve any class action, class arbitration, private attorney general action, or any other similar type of consolidation of claims. In other words, you may resolve disputes with Company on an individual basis only.
You agree that any claim that you have against Company must be brought within twelve (12) months of the date that the claim arose.
22. Void Where Prohibited
Company administers and operates the Websites from its location in Wisconsin USA; however, the Websites, and/or certain portions, software and/or features available through the Websites may be hosted at other locations in the United States or outside of the United States by third party service provides or cloud services. Although each Website may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on a Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access a Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.