Welcome
to www.all-clad.com ("Site"), the official United States website for All-Clad
MetalCrafters, LLC ("All-Clad" or "we" or "us").
The following is important information regarding this Site, our copyright to
its contents and the terms for your use of the Site as a visitor to or registered
member of the All-Clad community. These
Terms of Use govern your use of the Site.
Registration and certain other information submitted by you are subject
to our applicable Privacy Policy, the terms and conditions of which are
expressly incorporated herein by this reference. For more information, see our
full Privacy Policy at [url for All-Clad's Privacy Policy]. You understand that
through your use of this Site, you consent to the collection and use (as set
forth in the applicable Privacy Policy) of this information, including the
transfer of this information for storage, processing and use by All-Clad and
its affiliates.
By
using this Site you agree to be bound by these Terms of Use and to use the Site
in accordance with these Terms of Use, our Privacy Policy, and any additional terms
and conditions that are referenced herein or that otherwise may apply to
specific sections of the Site, or to products and services that we make
available to you through the Site (all of which are deemed part of these Terms
of Use). Accessing the Site, in any manner, whether automated or otherwise
constitutes use of the Site and your agreement to be bound by these Terms of
Use.
We
reserve the right to change these Terms of Use or to impose new conditions on
use of the Site, from time to time, in which case we will post the revised
Terms of Use on this Site and update the “Last Updated” date above to reflect
the date of the changes. By continuing to use the Site after we post any such
changes, you accept the Terms of Use, as modified.
We
also reserve the right to deny access to the Site or any features of the Site
to anyone who violates these Terms of Use or who, in our sole judgment,
interferes with the ability of others to enjoy our Site or infringes the rights
of others.
Your Limited Right to Use Site Materials. This Site and all the
materials available on the Site are the property of us and/or our affiliates or
licensors, and are protected by copyright, trademark, and other intellectual
property laws. The Site is provided solely for your personal noncommercial use.
You may not use the Site or the materials available on the Site in a manner
that constitutes an infringement of our rights or those of our affiliates or
licensors or that has not been authorized by us. More specifically, unless
explicitly authorized in these Terms of Use or by the owner of the materials,
you may not modify, copy, reproduce, republish, upload, post, transmit,
translate, sell, create derivative works, exploit, or distribute in any manner
or medium (including by email or other electronic means) any material from the
Site. You may, however, from time to time, download and/or print one copy of
individual pages of the Site for your personal, non-commercial use, provided
that you keep intact all copyright and other proprietary notices. Information
about requesting permission to reproduce or distribute materials from the Site
can be found here
Certain
portions of the Site are available for access and use by registered chefs
only. If you are not authorized by
All-Clad to access and use such portions of the Site you may not do so through
any means, including by electronic means to defeat Site access restrictions.
Our Right to Use Materials You Submit or Post. When you submit or post
any material (including any photos or videos) via the Site, you grant us, and
anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit,
create derivative works from, distribute, and/or publicly perform or display
such material, in whole or in part, in any manner or medium (whether now known
or hereafter developed), for any purpose that we choose. The foregoing grant
includes the right to exploit any proprietary rights in such posting or
submission, including, but not limited to, rights under copyright, trademark or
patent laws that exist in any relevant jurisdiction. Also, in connection with
the exercise of these rights, you grant us, and anyone authorized by us, the
right to identify you as the author of any of your postings or submissions by
name, e-mail address or screen name, as we deem appropriate. All-Clad has no
obligation of any kind with respect to such content, materials or information
and is free to reproduce, use, disclose and distribute any portion of the
submissions, including any ideas or information contained in the submissions
for any purpose whatsoever. You understand that the technical processing and
transmission of the Site, including content submitted by you, may involve
transmissions over various networks, and may involve changes to the content to
conform and adapt it to technical requirements of connecting networks or
devices. You will not receive any compensation of any kind for the use of any
materials submitted by you.
Limitations on Linking and Framing. You are free to establish a
hypertext link to our Site so long as the link does not state or imply any
sponsorship of your website or service by All-Clad, Groupe SEB USA, or
www.all-clad.com. However, you may not, without our prior written permission,
frame or inline link any of the content of our Site, or incorporate into
another website or other service any of our material, content or intellectual
property.
Site Registration Process. To access certain features of our Site, we
may ask you to provide certain demographic information including your gender,
year of birth, zip code and country. In addition, if you elect to sign-up for a
particular feature of the Site, such as discussion forums, blogs, photo- and
video-sharing pages or social networking features, you may also be asked to
register with us on the form provided and such registration may require you to
provide personally identifiable information such as your name and e-mail
address. You agree to provide true, accurate, current and complete information
about yourself as prompted by the Site's registration form. If we have
reasonable grounds to suspect that such information is untrue, inaccurate, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof). Our use
of any information you provide to us as part of the registration process is
governed by the terms of our Privacy Policy.
Responsibility for Your User Name and Password. To use certain features
of our Site, you will need a user name and password, which you will receive
through the Site's registration process. We reserve the right to reject or
terminate the use of any user name that we deem offensive or inappropriate. In
addition, we also reserve the right to terminate the use of any user name or
account, or to deny access to the Site or any features of the Site, to anyone
who violates these Terms of Use or who, in our sole judgment, interferes with
the ability of others to enjoy our website or infringes the rights of others.
You are responsible for maintaining the confidentiality of your password and
account, and are responsible for all activities (whether by you or by others)
that occur under your password or account. You agree to notify us immediately
of any unauthorized use of your password or account or any other breach of
security, and to ensure that you exit from your account at the end of each
session. We cannot and will not be liable for any loss or damage arising from
your failure to protect your password or account information.
Online Commerce. Certain sections of this Site may allow you to purchase
certain All-Clad products. All purchases
made shall be governed by the Terms of Sale which can be found at [url to Terms
of Sale] which are incorporated herein by this reference. Certain sections of this Site are only
accessible by professional chefs who have registered with All-Clad.
Responsibility for User-Provided Content. This Site may include a
variety of features, such as discussion forums, blogs, photo- and video-sharing
pages, e-mail services and social networking features that allow feedback to us
and allow users to interact with each other on the Site and post content and
materials for display on the Site. This Site also may include other features,
such as personalized home pages and e-mail services, that allow users to
communicate with third parties. By accessing and using any such features, you
represent and agree: (i) that you have read and agree to abide by our Community
Rules (described below); (ii) that you are the owner of any material you post
or submit, or are making your posting or submission with the express consent of
the owner of the material; (iii) that you are making your posting or submission
with the express consent of anyone pictured in any material you post or submit,
(iv) that you are 13 years of age or older; (v) that the materials will not
violate the rights of, or cause injury to, any person or entity; and (vi) that
you will indemnify and hold harmless us, our affiliates, and each of our and
their respective directors, officers, managers, employees, shareholders,
agents, representatives and licensors, from and against any liability of any
nature arising out of or related to any content or materials displayed on or
submitted via the Site by you or by others using your username and password.
You also grant us a license to use the materials you post or submit via such
features, as described above under the header “Rights and Restrictions Relating
to Site Content.”
Responsibility
for what is posted on discussion forums, blogs, photo- and video-sharing pages,
and other areas on the Site through which users can supply information or
material, or sent via any e-mail services that are made available via the Site,
lies with each user – you alone are responsible for the material you post or
send. We do not control the messages, information or files that you or others
may transmit, post or otherwise provide on or through the Site.
You
understand that we have no obligation to monitor any discussion forums, blogs,
photo- or video-sharing pages, or other areas of the Site through which users
can supply information or material. However, we reserve the right at all times,
in our sole discretion, to screen content submitted by users and to edit, move,
delete, and/or refuse to accept any content that in our judgment violates these
Terms of Use or is otherwise unacceptable or inappropriate, whether for legal
or other reasons.
You
acknowledge and agree that we may preserve content and materials submitted by
you, and may also disclose such content and materials if required to do so by
law or if, in our business judgment, such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce these Terms
of Use; (c) respond to claims that any content or materials submitted by you
violate the rights of third parties; or (d) protect the rights, property, or
personal safety of our Site, us, our affiliates, our officers, directors,
employees, representatives, our licensors, other users, and/or the public.
Community Rules. This Site may include a variety of
features, such as discussion forums, blogs, photo- and video-sharing pages,
e-mail services and social networking features that allow feedback to us and
allow users to interact with each other on the Site and post content and
materials for display on the Site. This Site also may include other features,
such as personalized home pages and e-mail services, that allow users to
communicate with third parties. By accessing and using any such features, you
represent and agree that you will not:
• Restrict or inhibit any other user from using and enjoying the
Site;
• Use the Site to impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt any servers or networks used to provide the Site or
its features, or disobey any requirements, procedures, policies or regulations
of the networks we use to provide the Site;
• Use the Site to instigate or encourage others to commit illegal activities or
cause injury or property damage to any person;
• Gain unauthorized access to the Site, or any account, computer system, or
network connected to this Site, by means such as hacking, password mining or
other illicit means;
• Obtain or attempt to obtain any materials or information through any means
not intentionally made available through this Site;
• Use the Site to post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national or
international law;
• Use the Site to post or transmit any information, software or other material
that violates or infringes upon the rights of others, including material that
is an invasion of privacy or publicity rights or that is protected by
copyright, trademark or other proprietary right, or derivative works with
respect thereto, without first obtaining permission from the owner or rights
holder;
• Use the Site to post or transmit any information, software or other material
that contains a virus or other harmful component;
• Use the Site to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains
advertising;
• Use the Site to advertise or solicit to anyone to buy or sell products or
services, or to make donations of any kind, without our express written
approval;
• Gather for marketing purposes any e-mail addresses or other personal
information that has been posted by other users of the Site;
• Contact anyone who has asked not to be contacted
• Gather for the purpose of spamming e-mail addresses that have
been posted by other users of the Site or otherwise engage in any acts that
would constitute a violation of the CAN-SPAM Act of 2003, 15 U.S.C. §7701, et
seq., or any state law prohibiting or regulating unsolicited commercial
e-mails.
• Engage in personal attacks, harass or threaten, question the
motives behind others’ posts or comments, deliberately inflame or disrupt the
conversation, or air personal grievances about other
users;
• Repeatedly post the same or similar content or otherwise impose an
unreasonable or disproportionately large load on our infrastructure;
• Take or cause to be taken any action that disrupts the normal flow of postings
and dialogue on our Site (such as submitting an excessive number of messages –
i.e. a flooding attack), or that otherwise negatively affects other users’
ability to use the Site and/or services; or
• Use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from our Site. Exception is made for Internet
search engines (e.g., Google) and non-commercial
public archives (e.g., archive.org) that comply with our Terms of Use.
We
reserve the right to deny access to the Site or any features of the Site to
anyone who violates these Community Rules or who, in our sole judgment,
interferes with the ability of others to enjoy our website or infringes the
rights of others.
Notice
of Copyright Infringement. If you are a copyright owner who
believes your copyrighted material has been reproduced, posted or distributed
via the Site in a manner that constitutes copyright infringement, please inform
our designated copyright agent by sending written notice by U.S. Mail to: [INSERT POSTAL ADDRESS OF ALL-CLAD PERSON IN
CHARGE OF WEBSITE] or by e-mail to [INSERT E-MAIL ADDRESS]. Please include the following information in
your written notice: (1) a detailed description of the copyrighted work that is
allegedly infringed upon; (2) a description of the location of the allegedly
infringing material on the Site; (3) your contact information, including your
address, telephone number, and, if available, e-mail address; (4) a statement
by you indicating that you have a good-faith belief that the allegedly
infringing use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, affirming that the
information in your notice is accurate and that you are authorized to act on the
copyright owner's behalf; and (6) an electronic or physical signature of the
copyright owner or someone authorized on the owner's behalf to assert
infringement of copyright and to submit the statement. Please note that the
contact information provided in this paragraph is for suspected copyright
infringement only. Contact information for other matters is provided elsewhere
in these Terms of Use or on the Site.
IF ALL-CLAD IS GOING TO PROVIDE RSS FEEDS, ADD THE FOLLOWING: All-Clad Feeds. RSS,
wireless and other feeds from this Site ("Feeds") are provided solely
to allow individuals to view excerpts from the Site within newsreaders,
RSS-enabled web browsers, wireless devices or other methods for their personal,
noncommercial use. The Feeds are content of All-Clad and are protected by U.S. and
international copyright laws and our Terms of Use.
If
you display one or more of the Site’s Feeds on your personal web site or
personal blog, you must display the All-Clad logo that is included in the Feed
or otherwise state that the information is provided by All-Clad. Information
within the Feed(s) may not be changed, deleted or redistributed. Feeds from
this Site may not be used on personal web sites or blogs that have advertising
content appearing on the same page(s) as the Feeds.
A
business or organization that wishes to distribute the Site’s Feeds on a web
site, blog or other digital publication must first contact All-Clad and receive
permission. To request permission, please click here: [INSERT LINK]
All-Clad
reserves the right to disable, change or discontinue Feeds at any time, as well
as the right to require any person, business or organization to cease the
display of our Feeds at any time and for any reason. All-Clad does not accept
any liability for its Feeds. Use of the Feeds does not imply that All-Clad
endorses, promotes or supports any third-party organization, cause, product or
service.
Site Copyright. All copyright rights to this Site,
including rights to the work and designs provided by All-Clad and compilations
of listings materials organized for this Site, are owned by PG Publishing Co.
Copyrighted © [INSERT YEAR OF FIRST PUBLICATION OF CONTENT ON THE US SITE]
through 2012, All-Clad MetalCrafters, LLC, All rights reserved. You cannot re-transmit,
print or photocopy the materials on this Site for re-distribution in any medium
without the written permission of All-Clad.
Disclaimers. Throughout
our Site, we may provide links and pointers to Internet sites maintained by
third parties. Our linking to such third-party sites does not imply an
endorsement or sponsorship of such sites, or the information, products or
services offered on or through the sites. In addition, neither we nor our
parent or subsidiary companies nor any of our respective affiliates operate or
control in any respect any information, products or services that third parties
may provide on or through the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR
THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, ALL-CLAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. ALL-CLAD DOES NOT WARRANT THAT THE SITE OR
ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE
SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ALL-CLAD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all
hardware and/or software necessary to access the Site. You assume the entire
cost of and responsibility for any damage to, and all necessary maintenance, repair
or correction of, that hardware and/or software.
Your interactions with companies, organizations
and/or individuals found on or through our Site, including any purchases,
transactions, or other dealings, and any terms, conditions, warranties or representations
associated with such dealings, are solely between you and such companies,
organizations and/or individuals. You agree that we will not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings. You also agree that, if there is a dispute between users of this
Site, or between a user and any third party, we are under no obligation to
become involved, and you agree to release us and our affiliates from any
claims, demands and damages of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such dispute and/or our Site.
Limitation of Liability. UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ALL-CLAD, OR
ALL-CLAD'S SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS,
PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE
AVAILABLE THROUGH THIS SITE, EVEN IF ALL-CLAD IS ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, ALL-CLAD'S LIABILITY AND THE LIABILITY OF ITS
SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ALL-CLAD
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF
YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON
THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification. You
agree to indemnify and hold harmless All-Clad, its affiliates, and each of its
and their respective directors, officers, managers, employees, shareholders,
agents, representatives and licensors, from and against any and all losses,
expenses, damages and costs, including reasonable attorneys' fees, that arise
out of your use of the Site, violation of these Terms of Use by you or any
other person using your account, or your violation of any rights of another. We
reserve the right to take over the exclusive defense of any claim for which we
are entitled to indemnification under this section. In such event, you agree to
provide us with such cooperation as is reasonably requested by us.
Suspension and Termination of Access. You agree that, in our sole discretion, we may
suspend or terminate your password, account (or any part thereof) or use of the
Site, or any part of the Site, and remove and discard any materials that you
submit to the Site, at any time, for any reason, without notice. You agree that
we will not be liable to you or any third-party for any suspension or
termination of your password, account (or any part thereof) or use of the Site,
or any removal of any materials that you have submitted to the Site. In the
event that we suspend or terminate your access to and/or use of the Site, you
will continue to be bound by the Terms of Use that were in effect as of the
date of your suspension or termination.
Notice of Modification/Changes at Will. This
Site is provided as a service to its visitors. All-Clad reserves the right to
delete, modify or supplement the content of this Site, or discontinue, temporarily or permanently, the Site, or any portion
thereof, with or without notice. All-Clad reserves the right to
terminate operation of this Site entirely at any time for any reason without
prior notice. In addition, All-Clad may update and modify these Terms of Use at
any time by posting such updates and/or modifications to this Site and any
further use of this Site is subject to such updated and/or modified Terms of
Use. You agree that we will not be liable to you or to any third party for any
modification, suspension or discontinuance of the Site or any portion thereof.
Other.
These Terms of Use, and the Privacy Policy and Terms of Sale incorporated
herein by this reference, constitutes the entire agreement between us and you
with respect to the subject matter contained in these Terms of Use and
supersedes all previous and contemporaneous agreements, proposals and
communications, whether written or oral. You also may be subject to additional
terms and conditions that may apply when you use the products or services of a
third party that are provided through the Site. In the event of any conflict
between any such third-party terms and conditions and these Terms of Use, these
Terms of Use will govern. These Terms of Use will be governed by and construed
in accordance with the internal substantive laws of the Commonwealth of Pennsylvania,
without giving effect to any principles of conflicts of law. . Any dispute relating in any way to your use of the Site shall be
submitted to confidential arbitration in Pittsburgh, Pennsylvania, except that
to the extent you have in any manner violated or threatened to violate our intellectual
property rights, we may seek injunctive or other appropriate relief in the
state courts of the Commonwealth of Pennsylvania or the United States District
Court for the Western District of
Pennsylvania and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under these Terms of
Use shall be conducted under the rules then prevailing of the American
Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under these Terms of
Use shall be joined to an arbitration involving any other party subject to
these Terms of Use, whether through class arbitration proceedings or otherwise.
These Terms of Use are personal to you and you
may not assign it to anyone. If any provision of these Terms of Use are found
to be unlawful, void, or for any reason unenforceable, then that provision will
be deemed severable from these Terms of Use and will not affect the validity
and enforceability of any remaining provisions. These Terms of Use are not
intended to benefit any third party, and do not create any third party
beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced
by you or us. You agree that regardless of any statute or law to the contrary,
any claim or cause of action that you may have arising out of or related to use
of the Site or these Terms of Use must be filed by you within one year after
such claim or cause of action arose or be forever barred.