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GreenPan Rewards Terms & Conditions

GREENPANTM REWARDS
TERMS AND CONDITIONS OF PARTICIPATION

 

            The following are the Terms and Conditions of Participation (the “Terms”) for the GreenPanTM Rewards Program (the “Program”). By participating in the Program, you are agreeing to be bound by the Terms. If you do not agree to all of the Terms, do not participate in the Program.

            SECTION 7 REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

  1. Eligibility and Overview.

    a. The Program is offered at the sole discretion of The Cookware Company (USA), LLC (the “Company”, “we”, or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations, or other groups may not participate in the Program. Individuals who are residents of the United States (including its territories and possessions), over the age of 18 years or older, who provide and maintain a valid email address are eligible to become members, and who can form legally binding contracts are authorized to participate in the Program.

    b. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”) acknowledge that you have read, understood, and agree to be bound by these Terms.

    c. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our Privacy Policy and our website Terms of Use, which are incorporated herein by reference. If you do not agree to these Terms, our Privacy Policy, and our website Terms of Use, you cannot participate in the Program. The Program is void where prohibited by law.

    d. The Company may revise any provision of these Terms or any policy, FAQ, or guidelines related to the program in whole or in part at any time and in its sole discretion by (a) posting the revised provision so that it is accessible to Member on the Site, or (b) notifying Member of the revised provision in an email message or other notice sent to Member at the address for Member in the Company’s records. Any such revision will be effective immediately upon the earlier of such posting, sending such email message or five days after such notice is placed in regular mail, with postage prepaid, as set forth in this Section.  Member is responsible for periodically checking these Terms on the Site for revisions to these Terms. Your participation, or continued participation, in the Program and/or redemption of Program benefits is considered acceptance of these Terms and any modifications thereof.

  2.  Enrollment.

    a. Eligible individuals may enroll in the Program only by visiting greenpan.us (the “Site”) and following the prompts to create a customer account on the Site. The Company reserves the right in its sole discretion to decline eligibility to any person or to terminate any person’s participation in the Program. Members must provide true, accurate, and complete information, and are solely responsible for maintaining the accuracy of such information and for updating it as required.

    b. Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

  3. Program Benefits.

    a. Tiers. The Program is a way in which we reward our loyal customers for making Eligible Purchases (defined below) and/or taking other Program related actions. There are three tiers of membership (each, a “Tier”, and collectively “Tiers”): (i) Healthy Start; (ii) Healthy Cook; and (iii) Healthy Kitchen. Tiers are based on the number of points earned within the last twelve (12) calendar months on Eligible Purchases that remain in your account. The minimum amount needed to qualify for a Tier is subject to change by the Company in its sole discretion. All Tiers enjoy a variety of Program benefits made available from time to time in the Company’s sole discretion, which may vary by Tier. Current information on Tier eligibility and benefits is available on the Program page on the.

    b. Earning Points. Members receive 1 point for every $1 spent on Eligible Purchases, or by taking certain other Program actions as described on the or as may be published through other media. “Eligible Purchase” means a purchase of goods on the Site while you are signed in to your online account for personal, family and household purposes. The following are expressly excluded from the definition of “Eligible Purchase”, and points will not be earned on: purchases of the Company’s goods from sources other than the Site, purchase of gift cards, returns, refunds, replacement items, sales tax, state fees, discounts, shipping charges, credit adjustments, any purchase using store credits, unauthorized or fraudulent charges, purchases that violate these Terms or any other agreement between you and the Company, delivery fees, and any other excluded charges specified by the Company from time to time. Unless specifically determined by the Company in its sole discretion, the Company does not award or issue retroactive points for any reason (i.e. you forget to log into your account when ordering goods).

    c. Adjustment to Points Balances. Rewards and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to Rewards or other Program benefits. Points will be added to your Program account as soon as practicable after completion of an Eligible Purchase, typically around thirty (30) days after the Eligible Purchase. The Company may deduct points from Members’ points balance for returns, cancellations, or charges that do not remain Eligible Purchases. For clarity, when Members return or cancel an Eligible Purchase, the points from the original Eligible Purchase will be deducted from the Member’s account. The Company will not be liable for discrepancies, inconsistencies or errors in Member accounts and/or redemption of any points or Program benefits not caused by the Company.

    d. Redeeming Points. Points may be redeemed for offers and rewards made available from time to time by the Company on the Site (“Rewards”). To redeem offers and rewards, you must have accumulated the minimum number of points established by us for a particular benefit. Points have no cash value and may never be exchanged for cash. To use your points for Rewards, you must be logged into your account on the Site. Rewards issued in the form of Site credit may not be applied to certain types of purchases, like gift cards or sale merchandise. Only one (1) Reward may be applied to each order on the Site, and you may not redeem multiple Rewards on a single order regardless of your points balance or the available Rewards shown. Shipping and handling fees and/or taxes may apply to any purchases made through the Program. If you return an item that was purchased using a reward, you will be refunded only the amount paid after reduction from the Reward, and points used will be refunded to your points account. Rewards are available while supplies last, and substitutions may be made by us in our sole discretion. If your order is not completed for any reason, any Rewards will be removed from your cart and may no longer be available. You are not required to redeem your accumulated points or Rewards.

    e. Program Benefit Changes. We reserve the right to change Program benefits and Rewards, how you reach each Program Tier, how you earn points, and how we evaluate and reward your Eligible Purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given Tier or point level, the number or types of Rewards or benefits you may receive or earn in any given Tier or any given point level, in a given time period or for the duration of the Program or any combination thereof.

    f. Account Adjustments. If you have concerns that a purchase or other activity was not properly applied to your account, you should notify Customer Service via email located at https://www.greenpan.us/pages/contact. Your email should specify the name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. The email must be sent no more than thirty (30) days after the date the purchase or other Program activity took place. The Company is not responsible for late notifications.

  4. Communications.

    a. Program Emails. By enrolling in the Program, you will be automatically subscribed to receive, and consent to receiving, the Company’s Program-related emails.

    b. Opt-Out. You may opt out of receiving these emails at any time by following the instructions provided in the email or as otherwise provided in the Company’s Privacy Policy, but emails related to the administration of your membership in the Program will still be sent, for example a new points acquisition email, a redemption confirmation email, a profile update email etc. If you terminate your Program membership, you will no longer receive Program-administration related communications. 

  5. Termination and Modification.

    a. The Program is offered at the Company’s sole discretion, and may be cancelled, modified, restricted, or terminated at any time. Such actions may affect the Program in whole or in part, including these Terms, the FAQs, or any specific aspect or feature of the Program. Such actions may reduce the value of rewards or benefits already accumulated or earned, or your ability to redeem previously accumulated rewards or benefits.

    b. Members may cancel their membership at any time by emailing Customer Services via the email address located at https://www.greenpan.us/pages/contact. If you cancel your participation in the Program, you will no longer earn points and you will forfeit your unused points. If you decide to enroll in the Program again in the future, previously forfeit points will not be reinstated to your account.

    c. At any time and without advance notice, we reserve the right to suspend or terminate your account and/or your participation in the Program if the Company, in its sole discretion, determines that you have violated these Terms or that any use of your account is unauthorized, deceptive, fraudulent, unlawful, detrimental to the Company or its interests, or otherwise appears to be in a manner inconsistent with these Terms or the purposes of the Program. In the event that your account and/or your participation in the Program is terminated, all accrued Points in your account will be immediately void and forfeited without compensation, and you will be ineligible for future participation in the Program. The Company’s failure to insist upon or enforce each Member’s strict compliance with these Terms will not constitute a waiver of any of its rights. Any decision the Company makes relating to termination or suspension of any Member’s participation in the Program in accordance with these Terms shall be final and binding in all respects. If we suspect illegal activity, fraud, misrepresentation, abuse, or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.

  6. Disclaimer of Warranties; Limitation of Liability.

    a. THE PROGRAM IS MADE AVAILABLE TO MEMBERS “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT OR IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you.

    b. NEITHER THE COMPANY OR ITS AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY WHATSOEVER FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL.

    c. THE REMEDIES DESCRIBED IN THIS AGREEMENT, INCLUDING THE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM, ARE YOUR SOLE AND EXCLUSIVE REMEDIES WITH RESPECT TO THE PROGRAM. NEITHER COMPANY NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THESE TERMS, THE PROGRAM, OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR YOUR PARTICIPATION THEREIN, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL ANY LIABILITY OF THE COMPANY AND ITS AFFILIATES WITH RESPECT TO THE PROGRAM, THE SITE, THESE TERMS, OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY MEMBER OR (B) $100. Some jurisdictions do not allow limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

    d. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 6 WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM.

 

  1. Mandatory Arbitration and Class Action Waiver. All disputes and claims relating in any way to the Program, these Terms, your membership, or the relationship between the parties will be resolved in accordance with our Terms of Use. THESE TERMS ARE SUBJECT TO MANDATORY ARBITRATION AND A CLASS ACTION WAIVER DESCRIBED IN SECTION 16 OF THE TERMS OF USE. THIS REQUIRES YOU TO SUBMIT CLAIMS TO BINDING INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 16. PLEASE CAREFULLY READ OUR TERMS OF USE.

 

  1. 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.

 

  1. The personal information collected from you in connection with the Program, including without limitation purchases made in connection with your Membership or account information, will be used and disclosed by us in accordance with the Privacy Policy. By enrolling in the Program, each Member consents to the release of information to selected third parties to carry out the Program, as further detailed in the Privacy Policy. California residents: the Program may be considered a “financial incentive” under California law. Please review our Privacy Policy, which includes our Notice of Financial Incentives.

 

  1. For information about the Program and your membership, contact Customer Service at the email provided at https://www.greenpan.us/pages/contact. You will be required to confirm your full name and email address in order to validate your account. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.

 

  1. No failure or delay of the Company to exercise any right or remedy under this Agreement 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 the Company, and specifically referring to each such right or remedy being waived.

 

  1. 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.

 

  1. These Terms (a) inure to the benefit of, and are binding upon, Member and the Company and each of Member’s and the Company’s successors and assignees, except that Member may not assign any of Member’s rights or obligations under this Agreement without first obtaining the written consent of the Company, and (b) constitutes the entire agreement between Member and the Company with respect to the subject matter of the Terms, and supersedes all prior oral and written proposals, representations, understandings and agreements. Any attempt by Member to assign to a third party any right or remedy hereunder will be null and of no effect. The Company may, in its sole discretion, assign or otherwise transfer these Terms to a third party (including, but not limited to, an affiliate of the Company).

 

  1. Member Representations and Warranties. Member represents and warrants to the Company that Member (1) has carefully read these Terms, (2) is agreeing to these Terms on Member’s own behalf, and (3) has sufficient capacity to enter into this Agreement. In participating in the Program, Member accepts these Terms. If Member does not accept these Terms, Member should not participate in the Program.

Sale terms.

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.

These terms of sale (“Terms”) apply to the purchase and sale of products (“Products”) through www.greenpan.us (the “Site”) or through any other means, and constitute a legally binding agreement between the individual (“Customer” or “you”) using the Site and/or purchasing the products and The Cookware Company (USA), LLC (the “Seller”). The Terms are subject to change by Seller without prior written notice at any time, in Seller’s sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms, as well as our Privacy Policy1, before purchasing any product through the Site or otherwise.

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.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.Information. In submitting an order for a Product, Seller may collect data and other information from Customer and Customer’s computer; provided, however, that Seller will not collect any data or other information relating solely to the credit card used by Customer to pay for a Product. All such data and other information will be handled by Seller as set forth in its Privacy Policy,2 a copy of which is posted on the Site. All data and other information relating solely to a credit card used by Customer to pay for a Product may be collected and used by one or more third-party vendors. Additional information related to Seller’s use of third-party vendors is available in the Terms of Use, which are incorporated herein by reference.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.Prices; Payment.
- 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.
- 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.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.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.greenpan.us.Limited Warranty. The limited warranty applicable to the Product can be found at www.greenpan.us (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.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.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.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.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.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.Dispute Resolution.
- 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.
- 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.
- 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.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.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 info@greenpan.com.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.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.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.Miscellaneous. These Terms (a) inure to the benefit of, and is binding upon, Customer and Seller and each of Customer’s and Seller’s successors and assignees, except that Customer may not assign any of Customer’s rights or obligations under these Terms without first obtaining the written consent of Seller, and (b) constitute the entire agreement between Customer and Seller with respect to the subject matter of these Terms, and supersede all prior oral and written proposals, representations, understandings and agreements. Any attempt by Customer to assign to a third party any right or remedy hereunder will be null and of no effect. Seller may, in its sole discretion, assign or otherwise transfer to a third party (including, but not limited to, an affiliate of Seller) these Terms or any order for a Product. To the extent there is any conflict or inconsistency between any provision of these Terms and any provision contained on the Site (not including the Privacy Policy or Terms of Use), the former will control.