|Last Updated: March 20, 2018|
Overview and Scope
To read the full Cuisinart Privacy Notice click here.
Information We Collect
We collect information about you from a variety of sources, including:
Please note that we may combine information from all of the above sources. If you do not provide information to us, we may not be able to provide our products or services to you.
Use of Information
We use your information for a variety of purposes, including:
Sharing of Information
We share your information as follows:
Other Important Privacy Information
You have certain choices regarding how we use your Personal Information. For example, if you decide you no longer want to receive promotional emails from us, you can let us know by following the unsubscribe link in the email, or by emailing us at firstname.lastname@example.org.
By email: email@example.com
By mail: Cuisinart
Attention: Customer Support
1 Cummings Point Road
Stamford, CT 06902
Cuisinart and its corporate affiliates (“Cuisinart”, “we, “us” or “our”) value our relationship with you, our customer, and your privacy. This Cuisinart Privacy Notice explains how and why we collect, use, protect, and share your information, including both Personal Information and Non-Personal Information (defined below), through websites or applications (collectively, the “Site”) where this Privacy Notice is posted.
Information We Collect
The information we collect about you may include both Personal Information and Non-Personal Information. “Personal Information” is information that can identify you as an individual, such as your name, home address, contact information, and financial payment information. “Non-Personal Information” is information that does not reveal your individual identity, such aggregate statistics or general demographic information like gender.
We collect information about you from a variety of sources, including:
We may combine information from all of the above sources. If you do not provide information to us, we may not be able to provide our products or services to you.
Use of Information
We use your information for a variety of purposes, including:
Sharing of Information
We share your information with the following entities:
We may also share your information in the following ways:
You have certain choices regarding the Personal Information we collect about you. For example, you may:
Opt Out of Interest-Based Advertising. We may use third-party service providers such as Google’s AdSense and AdWords to help us provide advertisements to you that are tailored to you based on interests that you have expressed on our Site or elsewhere (“Interest-Based Ads”). Any advertisements served by Google, Inc., and affiliated companies may be controlled using cookies. These cookies allow Google to display ads based on your visits to this Site. Any tracking done by Google through cookies and other mechanisms is subject to Google's own privacy policies. You may decide to disable all the Google cookies by clicking on: www.google.com/settings/ads/onweb/optout?hl=en. You can use Ads Settings to manage the Google ads you see and opt out of interest-based ads delivered by Google. You also may opt out of receiving Interest-Based Ads from many third-party ad networks, such as those provided by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding Interest-Based Ads by NAI members and DAA members, including how to opt out of Interest-Based Ads provided by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA). If you are in the European Union, go to www.youronlinechoices.eu for information about your choices with respect to third-party advertising, including instructions on how to opt out of participating ad networks. Please note that opting out of participating ad networks does not mean that you will not see advertisements at all and you will continue to receive advertisements on other websites and from companies that do not participate in the above programs. Even if you opt out of interest-based ads, you may still see ads based on factors such as your general location derived from your IP address, your browser type and recent, previous searches related to your current search.
Please note that even if you opt out of receiving marketing communications from us, we may still send you communications about your account or any products or services you have purchased from us and we will still respond to your inquiries and requests for information.
Cookies and Tracking
Our Site may contain links to non-Cuisinart websites and applications. Any access to and use of such non-Cuisinart websites and applications are not governed by this Privacy Notice. Instead, your use of non-Cuisinart websites or applications is governed by the privacy policies of those third-party websites or applications. We are not responsible for the information practices of such third-party websites and we encourage you to read their privacy policies.
International Transfers of Information
Our Site is intended to be used by customers located in the United States. If you are located anywhere outside of the United States, please be aware that information we collect about you, including Personal Information, will be transferred to, processed and stored in the United States. The data protection and privacy laws in the United States may differ from those of the country in which you are located. U.S. governmental agencies, courts, or law enforcement may be able to access or obtain your Personal Information (for example, in response to a court order).
By using a Cuisinart Site, you consent to the transfer, processing, and storage of your information, including Personal Information, in the United States.
Our Site is for general audiences and is not targeted to children under thirteen (13) years of age. We do not knowingly collect any Personal Information from children younger than the age of thirteen (13), and we will delete any Personal Information collected that we later know to be from a customer under the age of thirteen (13). If you believe a child under the age of thirteen (13) has disclosed Personal Information to us, please contact us at firstname.lastname@example.org and specify the customer and information you believe to be from the child under thirteen (13).
We have taken steps to help protect the information we collect about you from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no data security measures can guarantee 100% security. Please note that we cannot guarantee the security of any information we have collected about you, and your use of our Site indicates that you understand and accept this risk.
You should take steps to protect your account by, among other things, choosing a strong password that nobody else knows or can easily guess and keeping your log-in and password information private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Your California Privacy Rights
Under California’s “Shine the Light” law, Cuisinart customers who are California residents can request information about the types of Personal Information (if any) shared by Cuisinart with third parties (if any) for “Direct Marketing Purposes” within the preceding calendar year, as well as the names and addresses of those third parties. “Direct Marketing Purposes” means the use of certain types of Personal Information to solicit or induce a purchase, rental, lease, or exchange of products, goods, property, or services directly to you.
If you are a California resident, you may email your request to email@example.com. Please (i) put “California Privacy Information Request” in the subject line and in the body of your message and (ii) state that you are a California resident and provide your California address. You may make one (1) request per calendar year.
Please note that we may take thirty (30) days to respond to your request. Please also be aware that California’s “Shine the Light” law only applies to certain types of Personal Information and only those types of Personal Information covered by the law will be included in our response.
Changes to this Privacy Notice
This Privacy Notice will be updated from time to time. Changes to this Privacy Notice will go into effect when posted. If revisions to this Privacy Notice materially affect how we use Personal information that we collected from you prior to the date of the revised Privacy Notice, we will obtain your consent for any new uses or sharing of your Personal Information. We will post any updated Privacy Notice to our Site.
By email: firstname.lastname@example.org
By mail: Cuisinart
Attention: Customer Service
1 Cummings Point Road
Stamford, CT 06902
Last updated: March 20, 2018
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH CUISINART. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Cuisinart may make changes to the content and Services offered on the Sites or via the Mobile Applications at any time. Cuisinart can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the applicable Site(s). By using any Site or Mobile Application after Cuisinart has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Sites and Mobile Applications.
By using a Site or Mobile Application, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site and/or Mobile Application with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Cuisinart if the Minor breaches any of these Terms. Our Sites and Mobile Applications are not targeted toward, nor intended for use by, anyone under the age of 13. If you are not at least 13 years old, you may not use our Sites or Mobile Applications at any time or in any manner or submit any information to Cuisinart, the Sites or the Mobile Applications.
Cuisinart provides content through the Sites and Mobile Applications that is copyrighted and/or trademarked work of Cuisinart, Cuisinart’s third-party licensors and suppliers, or other users of the Sites and/or Mobile Applications (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, Cuisinart hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Sites solely for your personal use. Except for the foregoing license (and the license set forth in the section below entitled Mobile Applications), you have no other rights in the Sites or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services.
You need not register with Cuisinart to simply visit and view the Sites and use many of the Services available on the Sites or Mobile Applications. However, Cuisinart may from time to time require you to register for an account with Cuisinart in order to access certain password-restricted areas of a Site and to use certain Services and Materials offered on and through a Site or Mobile Application.
If you desire to register for an account with Cuisinart, you must submit information via the Mobile Application or through the account registration page on the Site (as applicable), which may include your e-mail address, name and mailing address. You may also have the ability to provide additional optional information about yourself, which is not required to register for the account, but may be helpful to Cuisinart in providing you with a more customized experience when using the Site, the Mobile Application or the Services they provide. Once you have submitted your account registration information, Cuisinart shall have the right to approve or reject the requested account, in Cuisinart’s discretion. If your account is approved, you will be permitted to log in to the applicable Site(s) or Service(s) using the password you select.
You may also be provided with the ability to register for an account on the Site or Mobile Application using your existing account and log-in credentials through certain Third-Party Sites (as defined below) such as Facebook.
You are responsible for maintaining the confidentiality of your Cuisinart password and any Third-Party Site password used to access our Sites, Mobile Applications and/or Services (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords, or do anything else that might jeopardize the security of your Passwords. You agree to notify Cuisinart if any of your Passwords are lost or stolen, if you are aware of any unauthorized use of your Passwords or if you know of any other breach of security in relation to any Site or Mobile Application.
All the information that you provide when registering for an account and otherwise through the Sites or Mobile Applications must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
If applicable, you agree to pay all fees or charges associated with your use of the Sites or purchases made on the Sites pursuant to any Cuisinart billing terms in effect as shown on the applicable product or payment pages. If you do not pay on time or if Cuisinart cannot charge your credit card or other applicable payment method for any reason, Cuisinart reserves the right to either suspend or terminate your access to any or all of the Sites and/or your account, and terminate these Terms. You are expressly agreeing that Cuisinart is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Sites and that fees will be billed to your credit card or other Cuisinart-approved payment method. If the product or service you have purchased involves a subscription or recurring payments, you agree that Cuisinart may charge your credit card or other Cuisinart-approved payment method thereafter at regular intervals for the term of the recurring payments. Except as otherwise set forth in these Terms or separate product purchase terms on a Site, all fees and charges are non-refundable. If you have a balance due on any account, you agree that Cuisinart may charge such unpaid fees to your credit card or other payment method, or otherwise bill you for such unpaid fees.
All prices displayed on the Sites are quoted in U.S. dollars. Shipping and handling fees and applicable sales/use tax will be added by Cuisinart as necessary. Cuisinart reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you, and to restrict delivery to addresses within the United States. Cuisinart reserves the right to limit the number of items ordered and to refuse services to any customer without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Cuisinart shall have the right to refuse or cancel any order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if a credit card has already been charged for the purchase and the order is cancelled, Cuisinart shall promptly credit the credit card account in the amount of the incorrect price.
By using a Site, a Mobile Application and/or the Services, you consent to receiving electronic communications from Cuisinart. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site, Mobile Application and/or Services provided on or through the Site and/or Mobile Applications. These electronic communications are part of your relationship with Cuisinart. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Links to Third-Party Sites.
Our Sites or Mobile Applications may be linked to other websites that are not Cuisinart sites, including, without limitation, social networking, blogging and similar websites through which you are able to log into a Site or Mobile Application using your existing account and log-in credentials for such third-party sites, websites from which you may purchase Cuisinart products and websites with content that you may find interesting (collectively, “Third-Party Sites”). Certain areas of a Site or Mobile Application may allow you to interact and/or conduct transactions with such Third-Party Sites and/or allow you to configure your privacy settings in your Third-Party Site account to permit your activities on our Site or Mobile Application to be shared with your contacts in your Third-Party Site account. In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on our Site or Mobile Application. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions of use than are found on our Sites, and you further acknowledge and agree that, in such cases, your use of such Third-Party Sites is governed by such third party privacy policies and terms and conditions of use. Cuisinart provides links to Third-Party Sites to you as a convenience, and we do not verify, make any representations about, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT CUISINART WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, FOR YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, PRODUCTS, SERVICES OR BUSINESS PRACTICES OF ANY THIRD PARTY. Unless specifically stated on our Site or Mobile Application, we do not endorse any such Third-Party Sites, the products, services, or materials found there, or any results that may be obtained from using them.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post, create or otherwise generate or make available on or through any of our Sites, Mobile Applications or Services (each a “Submission”). You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions you provide.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Cuisinart to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using the Sites and/or Mobile Applications, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. Cuisinart reserves the right to (a) terminate access to your account and/or your ability to post to the Sites (or use the Mobile Applications or Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Cuisinart determines is inappropriate or disruptive to a Site, a Mobile Application or to any other user of the Site, Mobile Application and/or Services. Cuisinart may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Cuisinart’s discretion, Cuisinart will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
Unauthorized use of any Materials contained on the Sites or Mobile Applications may violate certain laws and regulations.
You agree to indemnify and hold Cuisinart and any other Licensee and their respective officers, directors, employees and agents harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Cuisinart or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand relating to or arising out of your use of any Site or Mobile Application (including any Service available through such Site or Mobile Application), the use of a Site or Mobile Application by any person using your user name and/or Password (including without limitation, your participation in the posting areas), your Submissions or your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights or other rights of any third party.
The trademarks, logos, and service marks displayed on the Sites and/or Mobile Application (collectively, the "Trademarks") are and remain the registered and/or common law marks of Cuisinart, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws.
Unless otherwise specified in these Terms, all information and screens appearing on the Sites or Mobile Applications, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Cuisinart, our affiliates, our licensors or our partners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any Trademark or copyrighted material is strictly prohibited without the express written consent of the owner.
Intellectual Property Infringement.
Cuisinart respects the intellectual property rights of others, and we ask you to do the same. Cuisinart may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Sites and/or Mobile Applications for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a Site, please provide Cuisinart’s designated agent the following information:
Cuisinart’s agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
23 Barry Place
Stamford, CT 06902
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Cuisinart’s designated agent that includes all of the following information:
Termination of Repeat Infringers
Cuisinart reserves the right, in its sole discretion, to terminate the account or access of any user of our Sites and/or Services who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties.
Your use of the Sites, Mobile Applications and Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Cuisinart, and they may include inaccuracies or typographical or other errors. Cuisinart does not warrant the accuracy or timeliness of the Materials contained on the Sites and/or Mobile Applications. Cuisinart has no liability for any errors or omissions in the Materials, whether provided by Cuisinart, our licensors or suppliers or other users.
CUISINART, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE MOBILE APPLICATIONS, THE SERVICES, OR ANY MATERIALS, OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED OR PRESENTED ON THE SITES OR MOBILE APPLICATIONS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, THE MOBILE APPLICATIONS, THE SERVICES, THE MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITES AND/OR MOBILE APPLICATIONS IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CUISINART DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
CUISINART SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITES, MOBILE APPLICATIONS OR ANY SERVICES, OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITES. IN NO EVENT SHALL CUISINART BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF CUISINART KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
Cuisinart controls and operates the Sites from its offices in the United States of America, and the Services, Materials and Mobile Applications may not be appropriate or available for use in other locations. If you use a Site, Mobile Application and/or Services outside the United States of America, you are solely responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Cuisinart, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to a Site, a Mobile Application, any Services, or any Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Cuisinart is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Cuisinart is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. To the extent the foregoing assignment of rights, title and interest in and to your Feedback is prohibited by applicable law, you hereby grant Conair and any other Licensee a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to fully use, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, and to develop, manufacture, have manufactured, license, market, and sell, directly or indirectly, products and services using such Feedback.
Dispute Resolution and Arbitration; Class Action Waiver.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at email@example.com. This “Dispute Resolution and Arbitration; Class Action Waiver” provision (this “Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Cuisinart. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes (as defined below) between you and Cuisinart shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
For the purpose of this Provision, “Cuisinart” means Conair Corporation, its subsidiaries and affiliates, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Cuisinart regarding any aspect of your relationship with Cuisinart, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Cuisinart’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
YOU AND CUISINART EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Cuisinart an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Cuisinart, 1 Cummings Point Road, Stamford, CT 06902. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Cuisinart does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Cuisinart may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Cuisinart, 23 Barry Place, Stamford, CT 06902, Attention: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Cuisinart through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Cuisinart. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or Cuisinart may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site, the distribution of Mobile Applications, and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing, but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Cuisinart may initiate arbitration in either Fairfield County, Connecticut, or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Cuisinart may transfer the arbitration to Fairfield County, Connecticut, in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Cuisinart will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Cuisinart specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site or a Mobile Application can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and Cuisinart are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Cuisinart might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with Cuisinart or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Cuisinart makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Cuisinart to adhere to the language in this Provision if a dispute between us arises.
Cuisinart may make Mobile Applications available for use with mobile devices. To use a Mobile Application you must have a compatible mobile device. Cuisinart does not warrant that any Mobile Application made available to you will be compatible with your mobile device. Cuisinart hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Cuisinart may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Cuisinart and its third-party licensors or suppliers retain all right, title, and interest in and to any Mobile Application (and any copy of the Mobile Application) Cuisinart may make available to you. Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Cuisinart may provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that Cuisinart may provide to you designed for use on an Android-powered mobile device (an “Android App”):
Cuisinart prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Cuisinart, may result in immediate termination of your access to the Sites or ability to use our Mobile Applications without prior notice to you. The Federal Arbitration Act, Connecticut state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the Sites, the Mobile Applications or the Services will be heard in the courts located in Fairfield County in the State of Connecticut. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Cuisinart’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Cuisinart and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Cuisinart about the Sites, the Mobile Applications, and/or any Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
California Consumer Notice.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Sites, Mobile Applications and Services are provided by Cuisinart, 1 Cummings Point Road, Stamford, CT 06902. If you have a question or complaint regarding the Sites, Mobile Applications or Services, please contact us at firstname.lastname@example.org. You may also contact us by writing Cuisinart, 1 Cummings Point Road, Stamford, CT 06902, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms, you can reach us by email at email@example.com, or by mail at Cuisinart, 1 Cummings Point Road, Stamford, CT 06902, Attention: Customer Service.