The Cookware Company (USA), LLC
The Cookware Company (USA), LLC, a Delaware limited liability company, (“CWC”) operates a website at www.greenlife-cookware.com (the “Site”) for the purpose of enabling you to learn more about CWC and its products, purchase such products, and to contact CWC. CWC respects your privacy, and this policy covers CWC’s processing, protection, transfer and use of information collected from you through the Site.
1. Acceptance. You should review this policy carefully, and be sure you understand it, prior to using the Site. Your use of the Site is deemed to be your acceptance of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
2. Definitions. In this policy:
(a)“Analytical Data” means all Non-Personal Data obtained through the use of session and persistent cookies (or other tracking technologies) and server log files (including, but not limited to, (i) your search terms, (ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system, and (iii) whether or not you opened e-mail messages and other electronic communications from CWC, and if you did, the times they were opened).
(b)“California Information” means all Personal Data that relates to residents of California and that is covered by the California Consumer Privacy Act or the California Online Privacy Protection Act (collectively, the “California Laws”).
(c)“Collected Data” means all (i) Personal Data and (ii) Non-Personal Data.
(d)“Non-Personal Data” means all information that is not Personal Data (including, but not limited to, any Analytical Data) and that is electronically collected by CWC through the Site and e-mail messages and other electronic communications sent by you to CWC.
(e)“Personal Data” means all information electronically collected by CWC through the Site and e-mail messages and other electronic communications sent by you to CWC that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, such individual’s name, e-mail, address, phone number, and purchase history with CWC).
3. Data Collection. All Collected Data obtained from you is provided by you (or by a third party on your behalf) voluntarily, except for any Analytical Data obtained automatically through the Site as set forth in this policy. Regardless of how CWC collects Collected Data, CWC will only collect Personal Data that is (a) relevant to (i) the purposes for which it is provided by you or (ii) CWC’s other legitimate business purposes (including, but not limited to, marketing) or (b) required by applicable law. You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing CWC with any information (including, but not limited to, any information relating to a third party).
4. Choice. You may refuse to provide any information to CWC at any time by terminating your use of the Site or notifying CWC as set forth in Section 21. If you refuse to provide any information when requested to do so by the Site, you may not be able to access, or otherwise obtain the benefits of, certain features of the Site.
5. Electronic Communications. Whether or not you have previously sent CWC an e-mail message, you consent to CWC’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, or (b) for any other legitimate business purpose of CWC (including, but not limited to, marketing). Since CWC endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting CWC as set forth in Section 21 or following the “unsubscribe” directions contained in such e-mail messages or other electronic communications.
6.Analytical Data. When you access the Site, CWC will collect Analytical Data. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to access some features of the Site. Analytical Data will only be used by CWC (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you and other users, and (d) for other legitimate business purposes of CWC (including, but not limited to, marketing). CWC will collect Analytical Data either directly or through third parties acting on its behalf.
7. Protection. CWC will use commercially reasonable administrative and technical measures to protect Personal Data from loss and unauthorized access, alteration, destruction, disclosure and use. Such measures shall ensure a level of protection appropriate to the specific risks identified by CWC and in compliance with any applicable law. Even if CWC uses such measures, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization. In providing any information to CWC, you must assume the risk that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization.
8. Use. All Collected Data may be used by CWC for any legitimate business purpose. If CWC expressly states in this policy or in another writing that any Collected Data will only be used for a specific purpose, CWC will only use such Collected Data for such purpose, unless you subsequently consent to its being used for another purpose.
9. Transfer. Any Collected Data obtained by CWC, whether or not for a specific purpose, may be transferred to third parties relied upon by CWC in the ordinary course of its business (including, but not limited to, any affiliates, customers, distributors, sub-contractors or vendors of CWC) for any purposes for which CWC could use such Collected Data. All such third parties shall process, protect, transfer and use such Collected Data in accordance with the provisions of this policy and CWC shall continue to remain responsible for such Collected Data.
CWC may also at any time, in its sole discretion, transfer any Collected Data, whether or not you furnished such Collected Data for a specific purpose, to (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying national security, law enforcement and other similar requirements, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of CWC or a third party, or (d) transfer such Collected Data to a third party acquiring all, or substantially all, of the assets of CWC. If Collected Data is transferred to a third party pursuant to this paragraph, CWC will have no responsibility for any use of such Collected Data, or any action of, the third party to whom or which such Collected Data is transferred or for the failure of such third party to protect such Collected Data.
Except as set forth in clause (d) of the first sentence of the immediately preceding paragraph, CWC does not sell any Personal Data to third parties.
10. Required Actions. Upon a request by you pursuant to Section 21, CWC will, to the extent required by any applicable law, disclose, delete or take any other action with respect to any Personal Data relating to you that is collected by CWC. For particular requirements related to residents of California, see Section 14.
11. Data Accuracy. CWC does not warrant or represent that any Personal Data will be accurate or up-to-date. However, upon your request, CWC will grant you access to your Personal Data in the possession, or under the control, of CWC solely for the purpose of correcting or deleting such Personal Data that is inaccurate or has been processed in violation of this policy, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Personal Data for such purpose, you must contact CWC in writing as set forth in Section 21.
13. Children. The Site is not directed to, or intended for, children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Data of such child has been submitted to CWC through the Site without the parent’s or guardian’s consent, CWC will use commercially reasonable measures to remove such Personal Data from CWC’s servers at the parent’s or guardian’s request. To request the removal of such Personal Data, the parent or guardian must contact CWC as set forth in Section 21, and provide all information requested by CWC to assist it in identifying the Personal Data to be removed.
14. California Residents. CWC does not sell any California Information. CWC will, to the extent required by the California Laws, disclose, delete or take any other action with respect to any California Information. A resident of California may request pursuant to the California Laws (a “California Request”), among other things, that CWC:
(a)Disclose to such resident:
(i) The categories of California Information relating to such resident that are collected by CWC;
(ii) The categories of sources from whom or which California Information relating to such resident is collected by CWC;
(iii) The purposes for CWC’s collection of California Information relating to such resident;
(iv) The categories of third parties to whom or which CWC transfers California Information relating to such resident;
(v) The specific pieces of California Information collected by CWC relating to such resident; and
(vi) If California Information is disclosed for a business purpose to a third party, the categories of such California Information relating to such resident that are disclosed for a business purpose, and the categories of third parties to which or whom such California Information are disclosed for a business purpose; and
(b) Except in certain circumstances, delete California Information of such resident.
Any California Request (a) can only be made twice in a 12-month period, (b) will require the collection of certain information by CWC to verify the identity of such resident, and (c) must be submitted to CWC as set forth in Section 21. CWC will respond to any such request within 45 days after receiving such information.
The California Laws require certain additional disclosures that can be found at this link: www.greenlife-cookware.com/privacy. CWC will not discriminate against a resident of California for exercising any right of such resident under the California Laws, except as permitted under the California Laws.
15. Applicable Law. This policy shall be governed by, and construed and interpreted in accordance with, the laws of New York, without regard to its principles of conflict of laws.
16. Complaints. Any complaint by you regarding any Collected Data, or otherwise relating to this policy, must first be submitted to CWC as set forth in Section 21, and CWC must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon CWC’s completing such investigation and so responding, CWC and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of not less than 30 days, the dispute must be resolved in accordance with the dispute resolution procedure contained at www.greenlife-cookware.com/terms.
17. Entire Agreement. This policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and CWC, with respect to Collected Data.
18. Severability. Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
19. Revisions. CWC may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Data obtained by CWC after such posting. It is your responsibility to periodically check for revisions to this policy on the Site. The latest version of this policy will always be the one posted on the Site.
20. Expenses. Except as provided in this policy or by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.
21. Contact Information. If you have any questions or complaints, desire additional information, or need to notify CWC of anything regarding any Collected Data or otherwise relating to this policy, please promptly contact CWC as follows:
ATTN: Customer Service
The Cookware Company (USA), LLC
94 N Broadway
Irvington, NY 10533
© 2021 The Cookware Company (USA), LLC
All rights reserved.
199 Bolivar Drive Bradford, PA 16701
Effective Date: January 8, 2021
The Cookware Company (USA), LLC
Categories of Personal Information Collected
The following categories of personal information are collected by CWC:
- Identifiers (e.g., name, Internet protocol address, email address, physical address, and phone number);
- Customer records information (including, but not limited to, financial account number, credit card number, debit card number, or other financial information);
- Internet and network activity information;
- Commercial information (including, but not limited to, information relating to (1) a customer’s personal property, and (2) products or services acquired or considered by a customer); and
- Profile inferences.
Categories of Sources of Personal Information Collected
CWC obtains personal information from consumers using the Site (as defined in the Policy), individuals or entities using the Site on behalf of consumers, or individuals or entities with whom or which CWC has a business relationship. CWC may also obtain personal information from employees in the ordinary course of business.
Purposes for Collecting Personal Information
CWC uses personal information collected by it for one or more of the following purposes:
- To achieve the purposes for which personal information was provided;
- To provide products and services to customers;
- To record use of the Site, diagnose problems with the Site, and improve and make the Site more useful to users;
- To send e-mail messages, newsletters and other correspondence regarding CWC and its products and services;
- To process payments for CWC’s products and services;
- To consider consumers for employment, or employ consumers;
- To respond to requests from law enforcement or other governmental authorities;
- To comply with any applicable law or other legal obligation;
- To prosecute, or defend itself in, a legal dispute or proceeding; and
- For any other business purpose permitted by the CCPA.
Categories of Third Parties with whom CWC Shares Personal Information
CWC does not sell any personal information to third parties. CWC may share personal information with third parties that enable CWC to provide products and services and otherwise conduct its business operations. Categories of third parties with whom or which CWC may share personal information include the following:
- Credit card processing systems;
- Billing systems;
- Accounting systems;
- Business intelligence and financial analysis systems;
- Document management systems;
- Email and facsimile management systems;
- Project management systems;
- Scheduling systems;
- Marketing automation systems;
- Contact relationship management systems; and
- Other cloud storage systems.
Summary of Consumers’ Rights
The following is a summary of a consumer’s rights under the CCPA:
Right to Access Personal Information
Consumers have the right to request that CWC disclose certain information to them regarding their personal information as follows:
- The categories of personal information collected by CWC;
- The categories of sources of personal information collected by CWC;
- CWC’s business or commercial purpose for collecting or, if applicable, sharing personal information;
- The categories of third parties with whom or which CWC shares personal information;
- The specific pieces of personal information collected by CWC; and
- The categories of personal information, if any, CWC disclosed for a business purpose to a third party in the preceding 12 months.
Consumers may request that CWC delete any personal information retained by CWC, subject to certain exceptions. Upon receiving and confirming a verifiable consumer request, CWC will delete (and direct its service providers to delete) personal information from CWC’s (or such service providers’) records, except that CWC may deny a request if retaining the personal information is necessary for CWC or one of its service providers to:
- Complete the transaction for which CWC collected personal information, provide any requested products, take actions reasonably anticipated within the scope of CWC’s ongoing relationship, or perform a contract between CWC and a consumer;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activity;
- Debug products to identify and repair errors that impair intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her free speech rights, or exercise another right provided by law;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on the consumer’s relationship with CWC;
- Comply with a legal obligation; and
- Make other internal and lawful uses of personal information that are compatible with the context in which it was provided.
Verifiable Consumer Requests
To exercise any rights described in these disclosures, a consumer must submit a verifiable consumer request to CWC as set forth in the Policy. Only a consumer, or a person registered with the California Secretary of State that a consumer authorizes to act on behalf of the consumer, may make a verifiable consumer request relating to personal information. A consumer may also make a verifiable consumer request on behalf of a minor child.
A verifiable consumer request for access to personal information or data portability can only be made by a consumer twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows CWC to reasonably determine that the consumer is the person about whom CWC collected personal information or an authorized representative; and
- Describe the request with sufficient detail that allows CWC to properly understand, evaluate, and respond to it.
CWC cannot respond to a request or provide personal information if it cannot verify the consumer’s identity or authority to make the request, and confirm the personal information relates to the consumer. CWC will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
CWC endeavors to respond to a verifiable consumer request within 45 days after its receipt. If CWC requires more time (up to an additional 45 days), CWC will inform the consumer of the reason and extension period in writing. CWC will deliver its written response by mail or electronically, at the consumer’s option. Any disclosures provided by CWC will only cover the 12-month period preceding receipt of the verifiable consumer request. The response provided by CWC will, if applicable, also explain the reasons it cannot comply with any portion of the request. For data portability requests, CWC will select a format to provide personal information that is readily useable and should allow the consumer to electronically transmit the information from one entity to another entity without hindrance.
CWC does not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If CWC determines that any request warrants a fee, it will tell the consumer why a fee is warranted and provide the consumer with a cost estimate before completing the request.
CWC will not discriminate against a consumer for exercising any rights under the CCPA. In particular, if a consumer exercises any such rights, CWC will not:
- Deny services or access to a consumer’s file;
- Charge a consumer different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide a consumer a different level or quality of services; or
- Suggest that a consumer may receive a different price or rate for services, or a different level or quality of services.
CWC may revise these disclosures from time to time by posting the revisions on the Site. Any such revision will take effect immediately upon such posting, but will only relate to personal information collected after such revision is posted. It is a consumer’s responsibility to periodically check the Site for revisions to these disclosures.
Dated: January 8, 2021
THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
YOU ARE REQUIRED TO ACCEPT THESE TERMS PRIOR TO PLACING ANY ORDER ON THIS WEBSITE, AND BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ARE BOUND BY THESE TERMS.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Acceptance. When prompted on the Site, Customer must check the appropriate box to accept the Terms and purchase a Product. If Customer does not indicate its acceptance of such Terms by checking the appropriate box, Customer will not be able to purchase a Product. All purchases of Products from Seller are subject to Customer’s acceptance of these Terms.
2. Orders. Each order for a Product received by Seller through the Site is subject to acceptance by Seller and these Terms as well as any other terms set forth on the Site. Seller may reject any such order for any reason, in its sole discretion. After Customer submits an order, Customer may receive one or more email messages that such order has been (a) received by Seller, (b) accepted by Seller and/or (c) shipped by Seller. If any such order relates to a Product that is unavailable or is otherwise not accepted by Seller, Customer will be so notified in an email message.
4. Sale. In submitting an order for a Product through the Site that is accepted by Seller, Customer purchases from Seller each Product described in such order, subject to these Terms. Customer must provide Seller with complete and accurate information in submitting any such order. Any Product sold on the Site is intended for personal use (including a gift to a third party) only, and is not authorized for resale or other commercial purposes.
5. Prices; Payment.
(a) All prices posted on this Site are subject to change without notice. The price for a Product will be the price in effect at the time the order is placed. Unless otherwise expressly stated, prices do not include taxes or charges for shipping and handling. Seller is not responsible for pricing, typographical, or other errors in any offer by Seller, and Seller reserves the right to cancel any orders arising from such errors.
(b) Customer must pay for a Product, plus all other amounts becoming due hereunder, by using a valid credit card or other payment methods expressly offered on the Site that Customer is authorized to use. You represent and warrant that (i) the credit card or other payment information you supply to use is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes (if any). Customer’s credit card will not be charged for a Product until the time of shipment.
6. Shipping. In submitting an order for a Product, Customer will have options for shipping, and unless otherwise provided expressly on the Site, Customer will be charged for shipping as set forth on the Site. All risk of loss to a Product being shipped by Seller transfers to Customer upon actual delivery to Customer. Any dates posted on the Site for shipping or receiving a Product are only estimates and Seller is not responsible for any failure to ship such Product, or any failure of Customer to receive such Product, on or before such dates.
7. Return Policy. Customer may only return a Product in accordance with the Limited Warranty. Additional instructions for returning a Product will be provided to Customer along with the Product or can be found at www.greenlife-cookware.com
8. Limited Warranty. The limited warranty applicable to the Product can be found at www.greenlife-cookware.com (the “Limited Warranty”). THE LIMITED WARRANTY INCLUDES YOUR SOLE AND EXCLUSIVE REMEDIES FOR A BREACH OF THE LIMITED WARRANTY. SELLER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THE LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
9. Account. In submitting an order through the Site for a Product, Customer may establish an account with Seller that is accessible using a user name and password chosen by Customer. Customer’s user name and password must comply with whatever protocol is from time to time established by Seller for user names and passwords, and must not be disclosed by Customer to third parties. Customer (a) is responsible for maintaining the confidentiality of Customer’s user name and password, and (b) must immediately notify Seller in writing of any loss, or any unauthorized access, disclosure or use, of Customer’s user name or password. Seller will not have any liability to Customer or any third party arising from Customer’s failure to keep Customer’s user name or password confidential and may at any time, in its sole discretion and without notice to Customer, terminate or temporarily disable Customer’s access to such account. In addition, Seller may rely on any use of Customer’s user name or password, whether by Customer or any third party, as having been authorized by Customer, unless (a) Customer previously notified Seller in writing of any loss, or any unauthorized access, disclosure or use, of Customer’s user name or password, (b) Seller has had a reasonable opportunity of not less than five days to act on such notice and (c) Seller’s acting on such notice would have clearly avoided any third-party use of such account that was not authorized by Customer.
10. Taxes. All sales and use taxes, plus any other federal, state, county or local duty, surcharge, tax, tariff or other government-imposed fee (except for any tax on the income of Seller) assessed or payable upon an order for a Product or otherwise relating to these Terms shall be payable by Customer, even if such government-imposed fee is not collected by Seller at the time an order for a Product is submitted to Seller.
11. Limitation of Liability. THE REMEDIES DESCRIBED IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES AGAINST SELLER. SELLER WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO A PRODUCT, THESE TERMS OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY SELLER, IN NO EVENT WILL ANY LIABILITY OF SELLER WITH RESPECT TO PRODUCT, THESE TERMS OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY CUSTOMER OR (B) THE ACTUAL AMOUNT PAID BY CUSTOMER TO SELLER FOR A PRODUCT (NOT INCLUDING ANY CHARGES FOR SHIPPING). THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY SELLER, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. Severability. Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these Terms, being prohibited or invalid.
13. Governing Law. All matters arising out of or related to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
14. Dispute Resolution.
(a) YOU AND THE COOKWARE COMPANY (USA), LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND SELLER ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 14. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Seller will be responsible for the AAA filing fee of any such proceeding.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small claims court rather than arbitration, if you provide Seller with written notice of your intention to do so within 60 days of your purchase. The small claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COOKWARE COMPANY (USA), LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(e) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Notices. Customer must send all notices to Seller relating to a Product or these Terms at firstname.lastname@example.org.
15. Any such notice will be effective upon actual receipt by Seller. Seller may send notices to Customer through e-mail, regular mail or a general posting on the Site. Any such notice will be effective (a) immediately upon Seller’s sending such notice to the address it has in its records for Customer in the case of e-mail, (b) five days after Seller’s sending such notice to the address it has in its records for Customer in the case of regular mail, and (c) immediately upon Customer’s entering the Site after such notice is posted on the Site.
16. Waivers. No failure of Seller to exercise, and no delay by Seller in exercising, any right or remedy under these Terms shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by Seller, and specifically referring to each such right or remedy being waived.
17. Third-Party Beneficiaries. There are no third-party beneficiaries of these Terms, and no provision of these Terms can be enforced or relied upon by any third party.