My Cart
Terms of Service
PLEASE NOTE: THESE TERMS ARE SUBJECT TO MANDATORY ARBITRATION AND A CLASS ACTION AND JURY TRIAL WAIVER DESCRIBED IN SECTION 14. WITH LIMITED EXCEPTION, THIS REQUIRES YOU TO SUBMIT CLAIMS TO BINDING INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 14.9. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY SERVICES PROVIDED BY WEST COAST COOKWARE.
These Terms of Service and Sale (the “Terms”) are a legal agreement between you and West Coast Cookware, and its affiliated entities (collectively, “West Coast Cookware,” “we,” “us,” and “our”). These Terms apply to United States and Canadian individuals that use West Coast Cookware websites, applications, and related software and features (collectively, “Sites”); participate in West Coast Cookware contests or sweepstakes; purchase our products or services (collectively, “Products”); and/or visit our physical stores and locations and/or participate in Experiences (defined below) (collectively, all of our offerings referenced in this paragraph are referred to herein as the “Services”). By accessing, using, or interacting with the Services, or by purchasing our Products, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services.
We may revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements.
If you are located outside of the United States or Canada, a different version of these Terms may apply. Certain parts of the Services may also be subject to supplemental terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such supplemental terms and conditions shall control.
Eligibility
You must be over the age of majority in your jurisdiction to use the Services and if not, you represent and warrant that your parent or legal guardian agrees to these Terms on your behalf and grants you permission to use the Services. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to do so by such entity. You cannot access or use the Services if you are barred from receiving the Services under applicable law or if we have previously suspended or removed you from the Services.
Account registration
You may be required to create an account to use or participate in certain parts of the Services. To create an account, you may need to provide us with certain information, such as your name and email address. You may also need to select a password. You are solely responsible for keeping your information confidential. You may not transfer, sell, assign, or sublicense your account without our prior written approval. You are solely responsible for all usage or activity that occurs under your account, including, but not limited to, use of the Services or purchases made by any person who uses your account, with or without authorization. You agree to immediately notify us of any unauthorized use or any other breach of security of your account. West Coast Cookware will not be liable for losses incurred as a result of an unauthorized use of your account or password. Information submitted by you is governed according to our Privacy Policy. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Services and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.
Intellectual property
“Content” means all websites, software, designs, text, art, audio, video, graphics, images, music, user interfaces, works of authorship of any kind, names, logos, trademarks, service marks, trade names, and information or other materials that are posted, generated, provided or otherwise made available through the Services. The Services and Content are protected by copyright, trademark, patent, trade secret and other laws of the United States and foreign jurisdictions. Except as expressly provided in these Terms, West Coast Cookware and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.
You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Services or Content. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. As between you and West Coast Cookware, all names, trademarks, service marks, trade names, symbols, slogans, or logos appearing on the Services or Content are proprietary to West Coast Cookware or its affiliates, licensors, or suppliers and any goodwill associated therewise remains with us or those other entities. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services and Content. This license is provided solely for your personal, noncommercial use and enjoyment of the Services as permitted in these Terms. You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content, Services, or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. West Coast Cookware may revoke this license at any time, in its sole discretion.
User content and feedback
4.1 User Content. You maintain sole responsibility for any Content that you submit, display, post, or otherwise make available to us through the Services or otherwise (“User Content”), including any necessary third-party rights in the User Content. As between you and us, you own all User Content that you submit, but you hereby grant West Coast Cookware a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, and sub-licensable license to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or hereafter devised, without compensation to you, for any purpose including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof). You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. Please remember that other users may search for, see, use, modify and reproduce any User Content that you submit to any “public” area of the Site.
We may, but have no obligation to, pre-screen User Content before its appearance on the Services, and may prohibit or prevent you from posting, uploading, storing, sharing, sending, or displaying User Content to and via the Services at any time. We may, in our sole discretion, reject, move, edit, or remove any User Content that is submitted to the Services for any reason whatsoever, including without limitation, User Content that violates these Terms or our Review Guidelines. For further information, see the Acceptable Use section below.
4.2 Feedback. We welcome and encourage you to provide feedback, comments, ideas, suggested improvements or modifications related to Products, the Site or the Services (collectively “Feedback”). You acknowledge and agree that all Feedback you provide (i) will be treated as non-confidential and (ii) you grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, publish, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same, including any ideas, concepts, know-how or techniques contained therein, without any compensation or credit to you of any kind (including any royalty), on an unrestricted basis for any purpose whatsoever, including but not limited to developing, manufacturing, marketing, and selling products and services incorporating the Feedback. This is true whether you provide the Feedback on the Sites or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.
4.3 User Content and Feedback representations. You agree that any User Content or Feedback you submit or transmit to the Services will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content or Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services. You are solely responsible for any User Content or Feedback you make and their accuracy. We take no responsibility and assume no liability for any User Content or Feedback posted by you or any third-party.
Acceptable use
The following conduct is strictly prohibited in connection with your access to and use of the Services. Without limitation, you will not:
abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
alter or tamper with any materials on or associated with the Services;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
disrupt, overwhelm, attack, modify or interfere with the Services or their associated software, hardware, or servers in any way;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
impede or interfere with others’ use of the Services;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
post or share anything, or engage in any conduct, that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain passwords, account data, or any other personal or private information from any user;
submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
attack our Site via a denial-of-service attack or a distributed denial-of-service attack;
use any means to scrape or crawl any web pages contained in the Services;
collect or use any product listings or descriptions;
use, display, mirror, or frame the Service or any individual element within the Service (including the layout and design of any page or form contained on a page within the Service), our name, trademarks, or any other proprietary information of ours, without our express prior written consent;
use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or our product names without our express prior written consent;
use any robots, spiders, scrapers, or any other automated means to access the Services for any purpose;
violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
violate any law or regulation; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Terms of Sale
6.1 Products and Prices. Some of the Products featured on the Services are displayed for promotional purposes only and may not be available for purchase or may be out-of-stock. All Products offered for purchase are subject to availability and we reserve the right to impose quantity limits. In some cases, Products displayed for sale on the Site may not be available in stores or vice versa. Prices are subject to change without notice. Prices do not include applicable Taxes (defined below), shipping and handling charges, or other fees, unless we clearly state otherwise or are required by law to display prices inclusive of any Taxes, charges and other fees. Prices posted on this Site may be different from prices offered by us at our stores.
We attempt to be as accurate as possible and to eliminate errors on our Services; however, we do not represent or warrant that the descriptions, pricing, shipping times, or other Product-related information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such errors or omissions and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged, including after you have submitted your order and/or payment method has been charged. We make reasonable efforts to display as accurately as possible the colors and images of our products that appear online. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We may offer Products for pre-order, in which case we will make attempts to provide accurate estimated shipping times. However, such shipping times are not guaranteed, and we will endeavor to provide updates to you as soon as possible. In the event a Product you have ordered is out of stock, we will also make attempts to notify you of the updated shipping date when available.
6.2. Orders. Our presentation of Products shall not be considered a binding offer, but rather an invitation to place an order. We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the process prior to delivery, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by West Coast Cookware, payment must be received by West Coast Cookware prior to acceptance of an order. Notwithstanding the foregoing, West Coast Cookware may in its discretion choose not to charge your selected payment method until your order has been shipped. West Coast Cookware may process payment for and ship parts of an order separately. We may require additional verifications or information before accepting any order.
6.3 Promotions, Voucher Codes, Special Offers. All promotions, coupons, and other special offers (“Offers”) are subject to the terms and conditions of the associated Offer and may not be combined or used in conjunction with other Offers unless specifically permitted. Only one Offer may be used per order and such Offer is applicable to in stock items only, unless otherwise agreed to by West Coast Cookware. Our Place reserves the right to decline orders where it determines in its sole discretion the Offer or use thereof is invalid. Purchases using an Offer must comply with the terms to qualify for the Offer and may be subject to additional conditions than those contained in these Terms as provided to you in connection with the Offer. Offers are not redeemable for cash. Only Offers sent to you through official West Coast Cookware communications channels are valid. You agree that Offers: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; and (iv) may expire prior to your use.
6.4. Limited Edition. West Coast Cookware may occasionally offer variations of a Product in limited quantities (“Limited Edition Products”). Unless otherwise noted, Offers may not be applied to the purchase of Limited Edition Products. Limited Edition Products may look and perform differently than their standard counterpart. Replacement of Limited Edition Products is subject to availability and may be replaced with a Product of similar kind, in West Coast Cookware sole discretion.
6.5 Resale. Other than to our authorized corporate gifting and wholesale partners, we sell and ship Products to end-user customers only for personal use only, and West Coast Cookware reserves the right to refuse or cancel your order, restrict sales to any customer or customer account, impose purchase quantity limits, suspend or close any account or take any other action we reasonably deem necessary, if we suspect you are purchasing products for any commercial purpose. Products sold through the Services are not authorized for resale or export. The resale of or offer to sell a Product without the authority of West Coast Cookware is an infringement of West Coast Cookware intellectual property rights. Your submission of your order shall constitute your full acceptance of these restrictions on resale. Your purchase may not be sold, leased or transferred to restricted countries; to restricted end users; or for restricted end uses according to applicable export and sanctions laws of the United States. Any Products distributed via an unauthorized resale are not eligible for our Limited U.S. Warranty Program.
6.6. Payment Information. For your convenience, we offer a wide array of payment methods to complete your purchase as indicated to you at the point of sale. By providing a credit card or other payment method that we accept, you represent and warrant that: (1) all payment information is accurate; (2) you are authorized to use the designated payment method; (3) you permit us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes, shipping and handling charges (if any) and other charges); and (4) you have sufficient funds or credit available upon your initiation of a transaction to ensure that the purchase price will be collectible by us. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order(s) may be suspended or canceled. Please note that some credit card companies, banks and financial institutions may place an authorization or temporary hold on your account in connection with your purchase. Please contact your credit card companies, banks or financial institutions directly to inquire about any such authorization or hold.
6.7. Third Party Provider. Our store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Products to you, and provide payment services to us (e.g., credit card transaction processing, merchant settlement and related services). By purchasing any Product, you agree to be bound by Shopify’s Payments Terms of Use, available at https://www.shopify.com/legal/terms-payments-us and Privacy Policy available at https://www.shopify.com/legal/privacy. You hereby consent to provide and authorize West Coast Cookware and Shopify to share any information and payment instructions you provide to the minimum extent required to complete payment transactions.
6.8. Taxes. To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees or duties (collectively, “Taxes”) due with respect to your purchase and use of our Products and Services. West Coast Cookware collects Taxes if we determine we have a duty to collect Taxes based on the type of Product or Service purchased, date of shipment and the shipping address.
6.9. Shipping, Title Transfer, Risk of Loss, Delivery. You agree to pay any shipping and handling charges shown at the time you place an order. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown on our website or as part of the checkout process are estimates only and are not guaranteed. The number of days quoted for standard and express shipping refers to transit time only, additional time is required to process orders (typically 1-2 business days for normal volume). Products may be delivered in multiple shipments. With the exception of products purchased or picked up at anWest Coast Cookware store, title and risk of loss for products purchased from West Coast Cookware pass to you upon delivery to our common carriers, provided you have made full payment of the order amount (including Product price, delivery charges if any and any other charges payable under these Terms of Sale, if any).
6.10. Returns and Exchanges. Unless otherwise stated in the 6.7. Third Party Provider. Our store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Products to you, and provide payment services to us (e.g., credit card transaction processing, merchant settlement and related services). By purchasing any Product, you agree to be bound by Shopify’s Payments Terms of Use, available at https://www.shopify.com/legal/terms-payments-us and Privacy Policy available at https://www.shopify.com/legal/privacy. You hereby consent to provide and authorize West Coast Cookware and Shopify to share any information and payment instructions you provide to the minimum extent required to complete payment transactions.
6.11. Third Party Products.From time to time, we may offer for sale Products manufactured, distributed, created, produced or otherwise provided to West Coast Cookware by third parties (“Third Party Products”). When you purchase a Third Party Product, you do so at your own risk. West Coast Cookware has no control over, and assumes no responsibility or liability for, Third Party Products.
6.12. Limited Product Warranty. Certain of our Products are covered by a limited warranty, as described in the U.S. and Canada LimitedProduct Warranty Program here. Third Party Products are not covered by our Warranty Program.
6.13. Gift cards. If you purchase a gift card for yourself or someone else through the Services, your purchase will be subject to our Gift Card Terms. West Coast Cookware Gift Card Terms are incorporated by reference into, and made a part of, these Terms.
6.14. Referral Program. West Coast Cookware may, from time to time, offer our customers and users the opportunity to receive rewards toward future purchases from the West Coast Cookware website by referring other people. You acknowledge that you have read and understood the West Coast Cookware Refer a Friend Terms for information related to the referral program.
6.15. Corporate Gifting. If you purchase corporate gifts through the Services, it is your responsibility, and not West Coast Cookware, to ensure that your corporate gifting complies with all applicable laws and corporate policies.
Loyalty Programs
We may offer loyalty programs from time to time (“Loyalty Programs”). You will be provided with specific terms in connection with such Loyalty Programs, and your participation in Loyalty Programs will be subject to such terms. To participate in Loyalty Programs, you may be required to create an account on the Services or to provide contact or other information about yourself. You may also be required to make a certain number of purchases or total amount of purchases to participate. We retain the right to revise our Loyalty Program terms at any time, in our sole discretion, and will provide notice of such changes in accordance with applicable law. We reserve the right to terminate your participation in Loyalty Programs if you no longer meet the applicable terms.
Privacy
For information about our data practices, including our collection and use of your information, please see our Privacy Policy. By using the Services, you acknowledge and agree to our Privacy Policy, which is incorporated by reference into these Terms.
Links to Other Websites.
The Sites may contain links or references to other websites outside of our control. You acknowledge and agree that West Coast Cookware does not warrant, endorse, guarantee, or assume responsibility for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by West Coast Cookware of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.West Coast Cookware will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from the foregoing.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages, such as in Quebec or Saskatchewan. Accordingly, some of these limitations may not apply to you. If you are located in New Jersey, United States, the limitations in this Section do not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition or guarantee or limit liabilities, the scope and duration of such warranty or condition or guarantee and the extent of our liability will be the minimum permitted under such applicable law.
If you participate in an in-person or online West Coast Cookware experience (e.g., a cooking class or demonstration) (“Experience”), you expressly acknowledge that such Experience may involve risks such as physical injury or negative health impacts (e.g., food allergies). You expressly assume these risks if you participate in an Experience and acknowledge that you voluntarily choose to participate despite such risks. You further waive and release West Coast Cookware and its Representatives from any and all liability, claims, costs, and expenses of any kind and of whatever nature which may later accrue, caused by or arising directly or indirectly from your participation in an Experience, including, without limitation, any injuries suffered while participating in an Experience or practicing what you learned through Experiences on your own time, any injuries to other persons, and any property damage that may occur as a result of my engaging in an Experience.
You hereby release West Coast Cookware and their successors from, and covenant not to sue for, claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and/or Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Site and/or Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or the released party.”
Indemnity
To the full extent permitted by applicable law, you agree to indemnify, defend, and hold West Coast Cookware and its Representatives harmless from and against all claims, losses, actions, penalties, liabilities, damages, costs and expenses, including without limitation, lawyers’ and experts’ fees and disbursements, in connection with or arising out of: (i) your use of or access to the Services, Products, or Content, (ii) your exposure to Content or User Content or Feedback, (iii) the use by any other persons accessing any Services using your account or account login; (iv) your violation of the Terms, including the Privacy Policy or of an applicable law; (v) your submission, posting, or transmission of User Content to the Services and our use thereof; or (vi) your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will fully cooperate with us in asserting any available defenses. You may not settle any claim contemplated under this Section 12 without the prior written consent of West Coast Cookware.
Modification and termination
13.1 Modification of Services and Prices. Except where not permitted by applicable local legal requirements, West Coast Cookware reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), including the Products and their prices, with or without notice. West Coast Cookware shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
13.2 Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post termination, including without limitation, and as applicable, the Mandatory Arbitration and Class Action Waiver provisions and Sections 11 and 12. Termination of your use or access to the Services may also include, at West Coast Cookware sole discretion, the deletion of your account and/or User Content, and you will not be able to retrieve any information related to your account except as required by applicable law. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold West Coast Cookware and its Representatives harmless from any and all liability that West Coast Cookware of any of its Representatives may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Services, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, or any other information that we have may have that relates to you.
13.3 If we become aware of any possible violations of the Terms, or if we determine that you breach any portion of the Terms, we reserve the right to (without limitation) also: refer the matter to and cooperate with any and all applicable legal authorities; disclose any information to law enforcement authorities as we reasonably feel is necessary and/or in order to comply with applicable law, legal processes or governmental requests; issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs); issue a warning to you; investigate your behavior; and temporarily or permanently deactivate or suspend access to your Account or your right to use the Site. We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Mandatory Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section 14, which we’ll refer to as the “Arbitration Agreement” supersedes any prior arbitration agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before or after the existence of this Arbitration Agreement as well as to claims that may arise after the termination of these Terms.
14.1 Application. You and West Coast Cookware agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 14 is intended to be interpreted broadly and governs any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and West Coast Cookware (and our agents, employees, officers, directors, principals, successors and assigns), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory that arises from or relates to these Terms; the Privacy Policy; the validity, enforcement or scope of the Arbitration Agreement; your purchase, use or access of any Product or Services, whether from the Site or in a store; claims that arose before these Terms or any prior agreement; advertising, privacy or data security claims; and claims that may arise after the termination of these Terms (each, a “Claim”). The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Copyright Policy
West Coast Cookware respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. West Coast Cookware will respond to valid notices of copyright infringement and reserves the right to terminate any users, at West Coast Cookwaresole discretion and without notice, who infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to West Coast Cookware designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which West Coast Cookware may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the removed content, you may send a written counter-notice containing the following information to West Coast Cookware Designated Copyright Agent: (a) an electronic or physical signature; (b) a description of the material that was removed, including the location of such material on the Services; (c) complete contact information, including your name, title, address, telephone number, and email address; (d) a statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (e) a statement that you consent to the jurisdiction of a federal court located in Los Angeles, California and a statement that you will accept service of process from the person or agent of such person who provided notification of the alleged infringement.
Upon receipt of a valid counter-notice, West Coast Cookware will forward it to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Contact us
If you have any questions about these Terms, please contact us.