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Privacy Policy



Last Updated: March 20, 2018


Overview and Scope


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 information about you, including both Personal Information and Non-Personal information, through websites or applications where this Privacy Notice is posted.

To read the full Cuisinart Privacy Notice click here.


Information We Collect


We collect information about you from a variety of sources, including:


  • Information we collect directly from you, such as your address.
  • Information from third parties, such as your Facebook user name if you “Like” us on Facebook.
  • Information automatically collected, such as the pages you view on our website.

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.


Learn more.


Use of Information


We use your information for a variety of purposes, including:


  • Customer service, such as providing products and services to you.
  • Communication, such as responding to your requests for assistance or relevant updates.
  • Marketing, such as providing you with special offers and contacting you about products we think may interest you.
  • Administration, such as managing our inventory and maintaining our website.
  • Research and development, such as improving our Site and understanding our customer demographics.
  • Legal compliance, such as responding to a subpoena or court order.
  • Protection of us and others, such as investigating a possible crime or enforcing a contract.

Learn more.

Sharing of Information


We share your information as follows:


  • Corporate relatives, such as a corporate subsidiary.
  • Service providers, such as service providers who host our website.
  • Cuisinart Site users, such as if you post content on our website that may be available to all website visitors.
  • Unaffiliated third parties, such as social media and networking platforms.
  • Business transfers, such as if we merge with another legal entity.
  • In response to legal process, such as in response to a subpoena.
  • To protect us and others, such as to monitor our website for security issues.
  • Aggregate and de-identified information, such as aggregate information for statistical analysis.

Learn more.

Other Important Privacy Information


  • Cookies and tracking. Our Site uses cookies to improve it and to display a more personalized and relevant shopping experience. Learn more.
  • Third-party links. Our Site may contain links to third-party websites and applications; such third-party websites and applications are not governed by this Privacy Notice. Learn more.
  • International transfers of information. If you are located anywhere outside of the United States, please be aware that information we collect about you will be transferred to, processed, and stored in the United States. Learn more.
  • Children. Our Site is intended for general audiences and is not targeted to children. Learn more.
  • Security. We have taken steps to help protect the information we collect about you from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Learn more.
  • Your California privacy rights.Learn more.
  • Changes to this Privacy Notice. We will post changes to this Privacy Notice on our Site. Learn more.

Your Choices


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 marketing@cuisinart.com.


Learn more.

Contact Us


By email: marketing@cuisinart.com
By mail: Cuisinart
Attention: Customer Support
1 Cummings Point Road
Stamford, CT 06902


Cuisinart Privacy Notice


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.

Each time that you access or use a Cuisinart Site, you acknowledge that you have read, understood, and agreed to be bound by this Privacy Notice and the Cuisinart Terms of Use. Any dispute over privacy is subject to this Privacy Notice and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. Our Terms of Use are incorporated by reference into this Privacy Notice. If you do not agree with this Privacy Notice or our Terms of Use, you must stop using this Site.



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:


  • Information that we collect directly from you includes your name, email address, billing and/or shipping address, phone number, payment account information, and your preferences and interests. We will also collect any information that you otherwise provide to us, such as any comments, content, or questions that you submit to us through our Site.
  • Information that we collect from third parties may include contact information (if, for example, another Cuisinart customer ships a product directly to you) or demographic and lifestyle information. If you interact with us on social networking platforms, we may also use that information from those social networking platforms, such as your Facebook user name and other publicly available Facebook information.
  • Information that we automatically collect about you when you use our Site varies depending on the settings of your web browser or device, but it may include the content you view on our Site; the date and time you access our Site; how long you use our Site; the type of web browser you are using (for example, Firefox or Chrome); the type of device you are using (for example, whether you are using a mobile device); and your Internet Protocol address (which is a unique string of numbers to identify devices connected to a network). See the section below titled Cookies and Tracking for more information.

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:


  • Customer service. We use your information for customer service purposes, including to provide products and services to you; to provide you with a personalized shopping experience; for warranty, technical support, or other similar purposes; and to establish and update your customer account.
  • Communication. We use your information to communicate with you, including to respond to requests for assistance and updates relevant to you. We may communicate with you in a variety of ways, including postal mail, email, and/or telephone.
  • Marketing. We use your information for marketing purposes, including to provide you with special offers, promotions, news, and newsletters; to contact you about products we think may interest you; to target advertisements to you; to administer contests, promotions, and other offers; and for other marketing, advertising, and promotional purposes. Our marketing communications with you may include communications via postal mail, email, and/or telephone.
  • Administration. We use your information for administrative purposes, including to manage our inventory; to help us better understand how our customers access and use our Site; to provide reports to prospective partners, service providers, regulators, and others; to implement and maintain security, anti-piracy, fraud prevention, and other services designed to protect you and us; to enforce this Privacy Notice, our Terms of Use, and other policies.
  • Research and development. We use your information for research and development purposes, including to improve our Site, products, services, and customer experience; to understand our customer demographics; and for other research and analytical purposes.
  • Legal compliance. We use your information to comply with applicable legal or regulatory obligations, including to respond to a subpoena or court order; to cooperate with law enforcement or other governmental investigations; and as part of legal proceedings.
  • Protection of us and others. We use your information where we believe it is necessary to protect us and others.


Sharing of Information


We share your information with the following entities:


  • Corporate Relatives. We may share your information with any current or future parent company, affiliate, or subsidiary.
  • Service Providers. We may share your information with our contractors, vendors, service providers, agents, or others who perform functions on our behalf. For example, we may share your information with service providers who host our Site, coordinate mailings, or analyze aggregate information about our customers.
  • Cuisinart Site Users. We may share your information with other Cuisinart Site users. For example, if you post pictures or other content on our Site, the contents of your post, as well as other information, such as your username, may be available to all Site visitors.
  • Unaffiliated Third Parties. We may share the information we collect about you with other unaffiliated third parties, such as social media and networking platforms. These third parties may use such information for their own Direct Marketing Purposes. The use of information by these unaffiliated third parties is governed by the privacy policies of those third parties. See the section titled Your California Privacy Rights below for more information about your rights under California law regarding our disclosures to third parties.

We may also share your information in the following ways:


  • Business Transfers. We may share your information with another entity if we or any of our current or future corporate relatives are acquired by or merged with another legal entity, if substantially all of our assets are sold or transferred to another legal entity, as part of a bankruptcy proceeding, or as part of a similar transfer of assets.
  • In Response to Legal Process. We may share your information when we believe it is appropriate to comply with the law or a regulatory requirement; to comply with governmental, administrative, or judicial process or other similar requirement or order, such as a subpoena or court order; to cooperate with law enforcement or other governmental investigations (without necessarily requiring the law enforcement or government agency requesting the information to formally serve us with a subpoena); or as evidence in litigation in which we are involved. We also reserve the right to report to appropriate law enforcement or governmental agencies any activities that we believe are in violation of applicable laws, rules, or regulations without providing notice.
  • To Protect Us and Others. We may share your information where we believe it is necessary to prevent or investigate a possible crime, such as fraud or identity theft; to enforce a contract; to protect the legal rights, Site, or safety of you, Cuisinart, its corporate relatives, and their respective employees, clients, partners, agents, other users, or the public in general; to enforce our Terms of Use or this Privacy Notice; and to monitor and remediate security issues.
  • Aggregate and De-Identified Information. We may disclose aggregate or de-identified information about our customers for marketing, advertising, research, or other purposes.


Your Choices


You have certain choices regarding the Personal Information we collect about you. For example, you may:


  • Request to Modify the Personal Information We Have Collected About You. You may request to modify your Personal Information by emailing us at marketing@cuisinart.com and specifying the addition, deletion, or other modification to your Personal Information that you would like us to make.
  • Request to Modify Content You Have Posted. You may request to modify content that you have posted to our Site by emailing us at marketing@cuisinart.com and specifying the content (such as comments) that you would like modified or deleted. In some cases, we may not be able to remove your content. If this is the case, we will let you know if we are unable to do so and why. Even if we are able to anonymize or make your content or information no longer visible, there is no way to ensure complete or comprehensive removal of your content from the Internet because third parties may have archives of Cuisinart web pages. We therefore cannot prevent such information from being used in a manner that may violate this Privacy Notice, the law, or your personal privacy.
  • Deactivate Your Account. If you have an account with us, you may deactivate your account by emailing us at marketing@cuisinart.com and requesting that we deactivate your account.
  • Opt Out of Promotional Email Communications. You may opt out of promotional emails by clicking on the unsubscribe link in the email, or by emailing us at marketing@cuisinart.com, and explaining the email that you would like to unsubscribe from. Please also note that if you have previously added your contact information to the mailing list of one of our clients or partners and later withdraw your permission, you will have to contact that third party (or use an opt-out link provided in an email communication from that client or partner) to request removal from that mailing list as well.
  • Opt Out of Promotional Text Message Communications. You may opt out of promotional text messages by clicking on the unsubscribe link in the text message, or by emailing us at marketing@cuisinart.com, and briefly describing the text message that you would like to unsubscribe from.
  • Opt Out of Promotional Mail Communications. You may opt out of promotional mail communications by following the instructions provided in the mailing, or by emailing us at marketing@cuisinart.com, and briefly describing the mailing that you would like to unsubscribe from.

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


We and our service providers use cookies and other mechanisms to track information about your use of our Site. We or our service providers may combine this information with other Personal Information we collect about you.


  • Cookies.We or our service providers may use cookies to track visitor activity on our Site. A cookie is a text file that a website transfers to your device for record-keeping purposes. We or our service providers may use cookies to track user activities on our Site, such as the web pages you view and time you spend on our Site. The help section on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies may not be able to browse certain areas of the Site.
  • Clear GIFs, Pixel Tags and Other Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in functionality to cookies, which are embedded invisibly on web pages. We or our service providers may use clear GIFs (also known as web beacons, web bugs, pixel tags, or action tags, among other names), in connection with our Site to perform functions like tracking the activities of visitors to our Site, helping us manage content, and compiling statistics about usage of our Site. We or our service providers may also use clear GIFs in emails to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
  • Embedded Scripts. We use embedded scripts, which is code designed to collect information about how visitors interact with a website, such as the website which linked them to our Site.
  • Third-Party Analytics. We use service providers, such as Google Analytics, to evaluate the use of our Site and our Services. We or our service providers use automated devices and applications to evaluate use of our Site and Services. We or our service providers use these tools to help us improve our Site, Services, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or Flash locally shared objects, to perform their services.
  • Do Not Track. Our Site does not respond to Do Not Track signals. You may disable certain tracking as discussed in this section (e.g., by disabling cookies).


Third-Party Links


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.



Children


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 marketing@cuisinart.com and specify the customer and information you believe to be from the child under thirteen (13).



Security


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 marketing@cuisinart.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.



Contact


By email: marketing@cuisinart.com
By mail: Cuisinart
Attention: Customer Service
1 Cummings Point Road
Stamford, CT 06902




TERMS OF USE

Last updated: March 20, 2018

WELCOME TO OUR WEBSITE BROUGHT TO YOU BY CUISINART AND ITS CORPORATE AFFILIATES (“CUISINART,” “WE” OR “US”). THESE TERMS OF USE (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND CUISINART. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITES LOCATED AT THE URL: WWW.CUISINART.COM, ALL OTHER CUISINART SITES WHERE THESE TERMS ARE POSTED (EACH, A “SITE”), ANY SOFTWARE THAT CUISINART PROVIDES TO YOU FOR USE ON A MOBILE DEVICE (A “MOBILE APPLICATION”) AND SERVICES ASSOCIATED WITH THE SITES OR MOBILE APPLICATIONS (“SERVICES”). BY USING A SITE, MOBILE APPLICATION OR ANY SERVICE, YOU ARE AGREEING TO ALL OF THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE ANY SITE, ANY MOBILE APPLICATIONS, ANY SERVICES MADE AVAILABLE THROUGH THE SITES OR ANY INFORMATION CONTAINED ON THE SITES.

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.



Changes.


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.



General Use.


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.



Purchases.


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.



Electronic Communications.


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.



Privacy Policy.


Please review Cuisinart’s Privacy Policy (the “Privacy Policy”), which explains how we use information that you submit to Cuisinart.



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.



Submissions.


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.

Unless otherwise explicitly stated herein or in the Cuisinart Privacy Policy, you agree that any Submission provided by you is provided on a non-proprietary and non-confidential basis. You hereby grant to Cuisinart, its affiliates, successors and assigns and any customer, vendor, service provider, licensor or licensee of Cuisinart or other person, in each case as authorized or permitted by Cuisinart (collectively “Business Partners”, and together with Cuisinart, its affiliates and any of their licensees, the “Licensees”) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, including without limitation, any purpose relating to the Sites, the Mobile Applications and/or the Services or the marketing, advertising and promotion of Cuisinart’s goods and services. Said uses may include, but are not limited to, posting a Submission on any website or social media site, transmitting the Submissions to consumers via e-mail and reproducing, displaying the Submissions on computers and mobile devices or reproducing your Submissions in print. To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights or rights of attribution and integrity in your Submissions, if any, against any Licensee. Any Licensee may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Cuisinart agrees to use any personally identifiable information contained in any of your Submissions in accordance with Cuisinart’s Privacy Policy.

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.



Unauthorized Activities.


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:


  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site or Mobile Application.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on a Site or via a Mobile Application.
  • Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

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.



Proprietary Rights.


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:


  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 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 at the Site, and information reasonably sufficient to permit Cuisinart to locate the material.
  • Information reasonably sufficient to permit Cuisinart to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • 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 and/or trademark owner, its agent, or the law.
  • 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.

Cuisinart’s agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:


Legal Department
Cuisinart
23 Barry Place
Stamford, CT 06902
203-351-9000
dmca_notices@conair.com


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:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Cuisinart may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

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.



Feedback.


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 marketing@cuisinart.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.

Arbitration Procedures

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.

Jury Waiver

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.

Severability

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.

Continuation

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.



Mobile Application


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”):


  • You acknowledge that these Terms are between you and Cuisinart only, and not with Apple, Inc. (“Apple”).
  • Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
  • Cuisinart, and not Apple, is solely responsible for the iOS App and the Services and content available through the use thereof. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
  • You agree that Cuisinart, and not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that Cuisinart, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

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”):


  • You acknowledge that these Terms are between you and Cuisinart only, and not with Google, Inc. (“Google”).
  • Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
  • Google is only a provider of the Android Market where you obtained the Android App. Cuisinart, and not Google, is solely responsible for the Android App and the Services and content available through the use thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.


General.


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 marketing@cuisinart.com. 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.



Contact Us.


If you have any questions about these Terms, you can reach us by email at marketing@cuisinart.com, or by mail at Cuisinart, 1 Cummings Point Road, Stamford, CT 06902, Attention: Customer Service.