TERMS OF USE
PLEASE REVIEW THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE ("THE SITE" OR "THIS SITE"). THIS SITE IS PROVIDED TO THE USER ("YOU") BY ZWILLING J.A. HENCKELS LLC OR ONE OR MORE OF ITS GLOBAL AFFILIATES OR THE BUSINESS IDENTIFIED UNDER THE COPYRIGHT NOTICE ON THE BOTTOM OF THE HOME PAGE OF THIS SITE ("COMPANY", "US" OR "WE"). The terms "Company", "we", "us", "our" and "ours" when used in these Terms of Use mean ZWILLING J.A. Henckels LLC, and its parents, subsidiaries, divisions, branches, or affiliates.
Acceptance of Terms of Use. By using this Site, or accessing any information on this Site, you agree to these Terms of Use (the “Terms of Use”). If you do not agree to the following Terms of Use, do not use the Site or download any materials from the Site. This Site is a business and commercial site, and as such, it is not intended for children or minors. These Terms of Use constitute the entire and only agreement between us and you regarding your use of this Site and form a legally binding agreement. Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site or its content, and the subject matter of these Terms of Use, are specifically disclaimed and superseded by these Terms of Use. These Terms of Use may be amended at any time by us without notice to you. These Terms of Use will be updated periodically and you should review these Terms of Use prior to using this Site, and again from time to time when you return to this Site. All updates and changes to these Terms of Use will be effective immediately. Your continued use of this Site means that you accept and agree to such changes. If you cannot access these Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request or via other means that will permit you to review these Terms of Use. ACCESS TO THIS SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Copyright and Ownership. The content, functionality, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the "look and feel" of this Site, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws. You do not acquire ownership rights when viewing this Site. You may not use, copy, distribute, display, publish, transmit or create derivative works of any content or material on this Site.
Trademarks. All Company names, logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, or trade names displayed, cited or otherwise indicated on this Site are trademarks or registered trademarks of ours or our affiliates or other third parties. The copying, redistribution, use or publication by you of any third party marks is strictly prohibited. The copying, redistribution, use or publication by you of any of our marks is strictly prohibited.
User Contributions.
We reserve the right, and you authorize us, to use all information regarding your use of this Site and all information provided by you in any manner consistent with our Privacy Policy. By submitting material to us, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) or incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use. You grant us the right to edit, copy, display, publish and distribute any materials made available on the Site by you.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the Content Standar ds set out in these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We have the right to (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; or (v) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The following content standards ("Content Standards") apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Limited Right to Use the Site.
You may view, print or download any content, graphic, form or document from the Site so long as such activity is for your own personal and non-commercial use. You may not in any manner modify, copy, transmit, display, post, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create a derivative work from or make other use of the content of this Site. No part of any content, form or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, without our express written authorization. Any such authorization granted does not include any transfer of title. If we provide social media features with certain content, you take such actions as are enabled by such features.
Your activities on the Site shall not: (i) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) contain or subject this Site to any virus, Trojan horses, worms, time bombs, spiders, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (iii) create liability or cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (iv) place an undue burden on the software and hardware used in connection with the Site; (v) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (vi) use any process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (vii) use any device, software or routine that interferes with the proper working of the Site; (viii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (ix) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; (x) otherwise attempt to interfere with the proper working of the Site; (xi) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass emails; (xii) seek to obtain sensitive or personally identifiable information from other users of the Site; or (xiii) modify or alter any part of this Site, including, without limitation by (A) providing a link directly or indirectly to any other site from this Site, or (B) modifying or altering any material on this Site. In addition, posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Without limitation, your use of the Site shall not be for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. Additionally, you shall not (a) use this Site to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (b) use this Site to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (c) use this Site to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
Without our express prior approval, you shall not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services. You shall not use the Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Site.
We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the Site for any reason, at any time, without notice.
Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information, which may be as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account, if any, is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Linking to the Site. Except as provided in this Section, all links from your website to the Site must receive our prior written approval. Notwithstanding the foregoing, we hereby consent to links from your website to the Site which: (a) have the limited purpose of promoting our goods and services; (b) only link to the homepage of the Site and not to "deeper" pages or graphics of the Site; (c) do not use any of our trademarks or logos for the form of the link or otherwise; (d) do not suggest an affiliation with or endorsement by us of you or your products or services; (e) do not place the Site in a frame within your website when the link is activated; and (f) do not cause confusion with, dilute, or damage our reputation or goodwill or any of our goods or services, as determined by us in our sole discretion. We reserve the right to terminate the above consent at any time in our sole discretion. Persons or entities providing access to this Site via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning us or our affiliates. Any approval or consent given by us as described above is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Any person or entity providing access to, or information relating to this Site, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so shall not result in liability to us.
Editing, Deleting and Modification. We have the right, in our sole discretion, but not any obligation, to refuse, modify or remove any material submitted to or posted on the Site and to terminate, change, or suspend (temporarily or permanently) any aspect of the Site (or the entire Site) at any time and from time to time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability to remove any material that we in our sole discretion, find to be in violation of any provision hereof or otherwise objectionable in our sole discretion.
You agree to indemnify, defend, release, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees, related to your violation of these Terms of Use or your access or use of the Site or any of the information, materials, products, or services available through this Site.
No Warranty and Disclaimer of Liability.All references on this Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Site constitutes an offer to buy or sell our products or services in any jurisdiction. This Site is for information purposes only.
THE INFORMATION AND MATERIALS PROVIDED FROM, AT OR THROUGH THIS SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND NONE OF US, OUR AFFILIATES AND OUR SERVICE PROVIDERS AND AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, (1) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) WARRANTIES RELATING TO TITLE AND NON-INFRINGEMENT, (3) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, IN THE OPERATION OF THIS SITE OR ANY PART OF IT, (4) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION, (5) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE, AND (6) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED, AND ANY AND ALL SUCH WARRANTIES ARE DISCLAIMED. THE INFORMATION AND MATERIALS PROVIDED AT THIS SITE OR THE SITE ITSELF MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. NONE OF US, OUR AFFILIATES, AND OUR SERVICE PROVIDERS AND AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THIS SITE OR ANY INFORMATION OR MATERIALS PROVIDED AT THIS SITE. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked. Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.
NONE OF US, OUR AFFILIATES, OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT: (1) RESULTS FROM YOUR USE OF OR INABILITY TO USE OR THE LACK OF AVAILABILITY OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR (2) IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US, OUR AFFILIATES, AND SERVICE PROVIDERS AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED $100 U.S. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION.
YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED BY US WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.
Limitations on Information. Reliance on the contents of this Site for any purpose by you is at your sole risk. All standards, specifications, technical discussions, and reports included on this Site are advisory only. Neither we nor our affiliates shall be responsible for any errors of any kind (typographical or otherwise).
Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our Privacy Policy and that you agree with it. Neither we nor our affiliates shall be liable to you for any damages, including without limitation, direct, indirect, special, incidental, punitive, or consequential damages, that may result from any violation of the Privacy Policy.
Marketing and Promotional Materials. From time to time, we may send marketing and promotional materials or messages to you at no cost or fee to you. You hereby agree that we may send you such marketing and promotional materials via electronic transmission, e-mail, mail, or otherwise, provided, that you may unsubscribe to, and opt-out of receiving, such materials at any time by following the opt-out procedure set forth in the marketing and promotional materials or messages you receive.
Links to Third Party Websites. The Site may contain links or advertisements to other websites as a convenience to you. Those sites are not operated or controlled by us. Neither we nor our affiliates are responsible for the actions, content, accuracy opinions expressed, privacy policies, products or services provided through such websites, or made available through these resources or appearing in such websites. Neither we nor our affiliates shall have any liability to you for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. We have not investigated, monitored or checked for accuracy, completeness, or conformance with applicable laws and regulations any of these sites. Inclusion of any linked website on the Site does not imply approval, acceptance, or endorsement of the linked website or any of the products and services made available through such website by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through the Site, the content thereof, or the products or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
Copyrights and Copyright Agents. In operating the Site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) Description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Information and Press Releases. The Site contains information about us and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases. Information about entities other than us and our affiliates contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Dispute Resolution, Arbitration, Jury Trial and Class Action Waiver, and Limitation. Neither you nor the Company will be able to sue in court in connection with a dispute involving the Site (a “Site Dispute.”) All Site Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions. You and the Company intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16. You and the Company waive any rights to maintain other available resolution processes for Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and we waive any right to a jury trial for Site Disputes. Instead of suing in court, we each agree to settle Site Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would. Any Site Dispute shall be determined by arbitration in Westchester County New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of these Terms of Use is taking place or originating. To the extent a party commences any action with includes both Site Disputes and Non-Site Disputes, consideration of the Non-Site Disputes shall be stayed until the Site Disputes are fully arbitrated. Then, any Non-Site Disputes will be considered by any court of competent jurisdiction. You agree that you will not file a class action against us and its affiliated companies, or participate in a class action against us and its affiliated companies, in any Site Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against us and its affiliated companies, in any Site Dispute. Any cause of action by you with respect to the Site (or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred and all actions shall be subject to the limitations set forth in these Terms of Use.
Legal Notice to New Jersey Residents. No provision in these Terms of Use shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) the Company’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) the Company’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms of Use, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.
These Terms of Use and the agreement created by your acceptance of them through your use of the Site shall be treated as though executed and performed in New York, and shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Access to, or use of, this Site or information, materials, products or services on this Site may be prohibited by law in certain countries or jurisdictions. We do not make any representations or warranties regarding the use of or access to this Site outside of the jurisdiction of the business set forth under the copyright notice at the bottom of the home page of this Site and you are responsible for compliance with all applicable laws of the country from which you are accessing this Site. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of these Terms of Use be held invalid or unenforceable, the remaining portions of these Terms of Use shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall control. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use or your use of the Site and neither we nor you have any authority of any kind to bind the other in any respect whatsoever or to take any action which shall be binding on the other, except as authorized in writing by the party to be bound.
SMS Disclosure
Program Description. By affirmatively opting-in to ZWILLING SMS Marketing Messages, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Zwilling, including text messages made using an automatic telephone dialing system. Zwilling text messages may include transaction-related information. Marketing text messages may contain information regarding Zwilling products, services, and promotions.
Message Frequency. The number of Zwilling text messages that you receive will vary depending on which Zwilling text messaging program that you sign up for and the frequency of the messages sent by those programs. You will receive a maximum of 6 messages per month per Zwilling text messaging programs.
Cost - Message and data rates may apply to each text message sent or received in connection with Zwilling text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Zwilling does not impose a separate fee for sending Zwilling text messages; provided, however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
How to Opt-In. To opt-in to receiving text messages from Zwilling’s text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes). Consent to the Zwilling program is not a condition of purchasing any goods or services.
How to Opt-Out. To stop receiving text messages from a specific Zwilling text messaging program, text STOP to the short or long code from which you no longer wish to receive messages or reply STOP, END, CANCEL, or OUT to any message you receive. You will then receive one final text message confirming that you have successfully opted-out from the Zwilling text messaging program.
Your Mobile Telephone Number. You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Zwilling immediately if you change your mobile telephone number by emailing consumerrelations@zwillingus.com.
You agree to indemnify Zwilling in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Zwilling if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Eligibility. To receive Zwilling text messages, you must be a resident of the United States and 18 years of age or older. Zwilling reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions. Zwilling may modify or change the terms of these Terms and Conditions at any time without notice to you. You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Zwilling text messages will indicate your acceptance of those changes. If you do not agree to any changes, you must opt-out in accordance with the Opt-Out section above.
Termination of Text Messaging. We may suspend or terminate your receipt of Zwilling text messages if we believe you are in breach of these Terms and Conditions. Your receipt of Zwilling text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Zwilling reserves the right to modify or discontinue, temporarily or permanently, all or any part of Zwilling text messages, with or without notice.
Support/Help. To request more information, text HELP to the short or long code for the text messaging program about which you have questions.
Privacy. Your privacy is important to us. Please visit https://www.zwilling.com/us/customer-service/privacy-security/privacy-policy.html to review our privacy statement.
Contacting Us. If you have any questions regarding these Terms of Use or any other matter, please click on the Contact Us link on this Site. We hope that you enjoy your visit to this Site and find it informative. Thank you.
