Effective Date: July 24, 2024

These Terms of Use ("Agreement") are a binding agreement between The Cookware Company (USA), LLC ("Seller," "we," "us," or "our") and the individual accessing or creating an account on the Site ("User," "you," or "your"). This Agreement governs your use of https://cookgenius.shop/ (the "Site") and should be read carefully. By using the Site, you accept these Terms. If you do not agree, you must not use the Site.

1. Acceptance

By accessing the Site, you acknowledge and agree to be legally bound by these Terms. If you do not accept the Terms, please discontinue use of the Site immediately.

2. Information Collection

In connection with your use of the Site, we may collect personal information and data from you and your devices. This information will be handled in accordance with our Privacy Policy, available on the Site.

3. User Accounts

To place orders or access certain features, you may need to create an account, protected by a username and password you select.

•            You are responsible for maintaining the confidentiality of your account credentials.

•            You must immediately notify us in writing if you suspect any unauthorized access, use, or disclosure of your account details.

•            Seller is not responsible for any loss or damage arising from your failure to secure your account.

•            We reserve the right to disable or terminate accounts at our discretion, without prior notice.

4. Site Content

All content available through the Site, including intellectual property rights ("Content"), is owned or licensed by Seller unless otherwise stated. You may only use the Content for authorized purposes related to your use of the Site and may not use it in violation of these Terms, any notice from Seller, or applicable laws.

5. Third-Party Vendors

Seller may use third-party vendors ("Third-Party Vendors") to provide certain products, services, or content. We are not responsible for their websites, terms, or any issues arising from your interactions with them. You may also be subject to separate terms imposed by those vendors.

6. User Responsibilities

You are solely responsible for:

•            Obtaining and maintaining all necessary equipment, software, and internet access.

•            Securing your equipment and credentials.

•            Paying all fees associated with your use of the Site.

•            Complying with all applicable laws.

•            Reporting any defects, errors, or unauthorized access immediately.

•            Acquiring necessary third-party licenses or approvals if required.

7. Monitoring

Seller reserves the right (but is not obligated) to monitor your use of the Site for compliance purposes. Monitoring, if conducted, will be at our sole discretion, and we assume no liability arising from monitoring or lack thereof.

8. Third-Party Websites

The Site may contain links to third-party websites. These links are provided for your convenience and do not imply endorsement. Seller is not responsible for the content or practices of third-party websites.

9. Termination

This Agreement remains in effect until terminated either by you closing your account or by Seller providing notice of termination. Provisions intended to survive termination (such as indemnification, warranty disclaimers, and liability limitations) shall remain enforceable.

10. Indemnification

You agree to indemnify and hold Seller harmless from any claims, damages, costs, and liabilities resulting from:

•            Your breach of these Terms.

•            Unauthorized use of the Site.

•            Any actions by third parties using your account credentials.

•            Your interactions with Third-Party Vendors.

11. Warranty Disclaimer

THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

SELLER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability

SELLER IS NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OF THE SITE.

Direct liability, if any, is limited to $100 or the amount directly incurred, whichever is less. Some jurisdictions do not permit these limitations, so they may not apply to you.

13. Severability

If any provision of this Agreement is found invalid under applicable law, it shall be modified to be valid to the maximum extent permitted, and the remaining provisions shall remain in full force.

14. Revisions

We may revise these Terms by updating them on the Site or notifying you by email or other means. Continued use after any update constitutes acceptance of the revised Terms. It is your responsibility to review the Terms periodically.

15. Governing Law

These Terms are governed by the internal laws of the State of New York, excluding conflict-of-law rules.

16. Dispute Resolution: Arbitration Agreement

•            You agree to resolve any disputes through binding arbitration, waiving the right to litigation or jury trial.

•            Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

•            Arbitration will be individual; no class actions or consolidated cases will be permitted.

•            If a provision of this arbitration clause is found unenforceable, the rest will remain effective.

17. Notices

Notices to Seller must be sent via https://cookgenius.shop/ and are effective upon receipt. Seller may notify you via email, mail, or postings on the Site.

18. Waivers

Failure to enforce any part of this Agreement shall not constitute a waiver. No waiver is effective unless explicitly stated in writing and signed by Seller.

19. Third-Party Beneficiaries

No third party has rights under these Terms.

20. Miscellaneous

This Agreement is binding upon you and your successors.

You may not assign your rights or obligations without Seller’s prior written consent.

Seller may assign or transfer this Agreement at its discretion.

These Terms constitute the complete agreement between you and Seller regarding your use of the Site.

By using the Site, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, you must refrain from using the Site.