1. GENERAL INFORMATION
You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the pages of this Website or the content contained thereon or to access or capture data for any other unauthorized purpose. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.
All trademarks found on this site are either registered or unregistered trademarks of T-fal USA or used with permission. Nothing contained in this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed, without written permission by owner of the mark.
All binary files, graphics, logos, images, sounds and text published on this Website are the sole and exclusive property of T-fal USA or used with permission. The material on this site is designed for your noncommercial personal use and you may download one (1) copy of each page from the Website only for your own personal use provided that (a) a notice is affixed to any copies so printed or distributed, that the information contained therein indicates that the page or pages were copied from this Website; (b) an appropriate copyright notice, namely, “© Copyright 2009 T-fal USA. All Rights Reserved” appears on all copies; (c) the use of the information is for non-commercial personal or third party usage only; (d) the information is not altered in any manner; and (e) any graphics and/or images from this Website are not used separately from the accompanying text. In consideration of this authorization, you agree that any copy of any page from this Website shall retain all headers and footers and include any copyright, trademark or other proprietary notices contained thereon. You are otherwise prohibited from duplicating, copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from this Website. Any use of any information contained on this Website publicly or for advertising by entities other than T-fal USA is strictly prohibited and nothing contained herein shall be construed as conferring any license or right to use any intellectual property owned or licensed by T-fal USA.
4. WEBSITE DISCLAIMER
THIS WEBSITE , ALL INFORMATION SET FORTH ON THIS WEBSITE AND THE SERVICES PROVIDED THEREIN ARE OFFERED OR PROVIDED “AS IS”, “WHERE IS” AND “WHERE AVAILABLE” AND WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS DOES NOT AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO REPRESENTATION IS BEING MADE AS TO THE TIMELINESS OF THE INFORMATION CONTAINED ON THIS WEBSITE OR ACCURACY THEREOF, NOR THAT WILL THE USE OF THIS WEBSITE BE ERROR FREE. T-FAL USA SHALL NOT BE LIABLE FOR DAMAGES OR INJURY RESULTING FROM ACCESS TO, OR INABILITY TO ACCESS, THIS WEBSITE, OR FROM ANY RELIANCE ON ANY INFORMATION PROVIDED AT THIS WEBSITE.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL T-FAL USA BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION SYSTEM) ARISING OUT OF OR RELATED TO ANY INFORMATION CONTAINED IN THIS WEBSITE, INCLUDING ANY LINKS, EVEN IF T-FAL USA HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless, T-fal USA, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. T-fal USA reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with T-fal USA in asserting any available defenses.
7. LINKS TO OTHER WEBSITES
In the event that you wish to assert a claim based upon copyright infringement for graphics, images and text which are believed to be illegally residing on this Website, you should promptly send correspondence to T-fal USA pursuant the Digital Millennium Copyright Act to Customer Service or a written communication to:
T-fal Consumer Service/Attn. Webmaster – DMCA
2121 Eden Road
Millville, NJ 08332
Claims must include the following information:
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line Website are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit T-fal USA to locate the allegedly infringing material;
• Information reasonably sufficient to permit T-fal USA to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Despite any representations concerning privacy, reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
9.CHOICE OF LAW/VENUE
All materials and consent on this Website are presented solely for the purpose of promoting T-fal USA’s products and services in the United States. Information published herein may contain references to products and/or services that are not available outside of the United States and therefore, inapplicable to you. The use of this Website shall be governed by the laws of the State of New York without regard to its conflict of laws provisions that would defer to or result in the application of the substantive law of another jurisdiction, and the Federal and State courts of New York shall have exclusive jurisdiction over all claims.
T-fal Consumer Service/Attn. Webmaster
2121 Eden Road
Millville, NJ 08332
This Website and the contents thereof including, without limitation, all text, graphics, logos and images are “©Copyright 2009 T-fal USA. All Rights Reserved.”