Last Updated: August 25, 2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. DETAILS ARE SET FORTH BELOW IN THE SECTION TITLED “DISPUTE RESOLUTION AND BINDING ARBITRATION.”
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH VORWERK, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW, OR OTHERWISE.
This website https://thermomix.com (“Site”) is operated by Vorwerk, LLC. This is a legal agreement between you (referenced herein as “you” or “user” or “users” or with “your”) and Vorwerk, LLC (referenced herein as “Vorwerk” or “we” or with “our”) that applies each time you purchase goods and services, access and use the available information, software functionality, materials, and user created content provided through this Site.
Separate Terms and Conditions of Use apply to the purchase and use of the THERMOMIX® Recipe Platform (COOKIDOO®) and the TM App (“Digital Content”). To review the Terms and Conditions of Use for COOKIDOO®.
Subject to Vorwerk’s right to monitor or audit compliance, you acknowledge that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using this Site, you represent to Vorwerk that: (1) you are a legal resident of the fifty (50) United States; (2) you are at least 18 years old or the legal age of majority in the place of your legal residence, whichever is older; (3) you are authorized to enter into this Agreement; (4) you will not use this Site for any purpose or in any manner that violates any applicable local, state, national, and international laws, regulations, rules, or guidelines; (5) any information or data provided to Vorwerk by you will not violate any law or regulation or infringe the rights of Vorwerk or any third-party; and (6) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein. In addition, you agree to assume all responsibility for your use, and the results of your use, of this Site, including meeting any requirements of your contracts with third-parties or other persons.
You further represent that all information you provide to Vorwerk (e.g., name, email address, phone number, and/or other information requested on a registration or submission form) is complete, true, and accurate and Vorwerk has the right to rely upon the information provided. Vorwerk may contact you by email, telephone or postal mail for any lawful purpose, which may include (1) follow-up calls, (2) customer satisfaction surveys, and (3) inquiries about any orders you placed, or considered placing, at or through this Site. If you provide any false, inaccurate, untrue, or incomplete information, Vorwerk reserves the right to terminate immediately your access to and use of this Site and take other measures available under law, by contract, or in equity.
ACCOUNTS & REGISTRATION
- Product Information
Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact our Customer Service Department at firstname.lastname@example.org or 1 888 Vorwerk (1 888-867-9375) right away.
We reserve the right to refuse or cancel any order you place on the Site, including for pricing errors. We reserve the right to limit quantities on orders placed by the same Account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, prohibit purchases of any products to resellers, dealers, and distributors.
- Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you an email confirming your order and identifying your order details. Acceptance of your order and the formation of the contract of sale between Vorwerk and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we send you an order confirmation email by reaching out to our Customer Service Department at email@example.com or 1 888 Vorwerk (1 888-867-9375).
All prices posted on this Site are in United States Dollars and are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. You shall be responsible for paying any and all such taxes, regardless of whether they are stated in the order confirmation for the products or services. Such charges may, at Vorwerk’s sole and absolute discretion, be prepaid by Vorwerk and added to your order confirmation. Vorwerk is not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Payment Terms
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We shall have the right to suspend or cancel any order until order amounts are paid in full. We accept all credit cards, third-party consumer financing, and other payment methods as identified in our Site for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such 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. You agree to pay all attorneys’ fees, litigation expenses and costs that are incurred by Vorwerk for the collection of all amounts owed by you to Vorwerk.
- Shipment, Delivery, Title and Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
An additional fee may apply to any order on shipments to a destination that is different than your billing address. Vorwerk reserves the right to ship the products in multiple boxes and/or shipments.
If delivery is delayed at your request, or for any other reason beyond the control of Vorwerk, the product or service shall nevertheless be deemed to have been delivered to you as of the date of notice from Vorwerk to you that the product or service is available for shipment for purposes of determining the final price for the product or service and the time payment will be due. Products held by Vorwerk for you after the giving of such notice shall be held at your sole risk and expense. In no event shall we be liable for incidental, consequential or special damages, including lost profits, arising out of a delay or failure to deliver.
- Returns and Refunds
Except for any products or services designated on the Site (or respective Terms and Conditions) as non-returnable/cancellable, we will accept and process a return of products and/or services pursuant to Vorwerk’s current Return Policy.
To return products, you must contact Vorwerk’s Customer Service Department at 1 888 Vorwerk (1 888 867-9375) or email at firstname.lastname@example.org before returning any product.
You may either purchase the return shipping label, as well as coordinate the return shipping logistics, directly from a carrier, or purchase a return shipping label directly from Vorwerk. If you choose to purchase a shipping label from Vorwerk, the Customer Service Department will provide you with an invoice for the shipping label and a shipping label following full payment. Vorwerk is not responsible for product returned without a Vorwerk provided shipping label. Any refunds made by Vorwerk shall be refunded in the manner in which the order was paid as identified on the applicable order confirmation.
In the event full payment is not received for product or services and/or you fail to return a product corresponding to an agreed upon product replacement / exchange, Vorwerk reserves the right, in its sole discretion, to either charge you for the product using the original payment method, deactivating Cookidoo® on the replacement TM6®, voiding any related manufacturer’s warranty on the product and/or move forward with collecting the amount due. You agree to pay all attorneys’ fees, litigation expenses and costs that are incurred by Vorwerk for the collection of all amounts owed by you to Vorwerk.
All used or refurbished products are sold “as is” and may not be returned for any reason whatsoever.
- Goods Not for Resale or Export
We sell and ship products to end-user customers, only. We reserve 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 action we reasonably deem necessary, if we suspect you are purchasing products for resale or export.
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
- Limited Warranty
Vorwerk warrants that during the warranty period, the products purchased from our Site will be free from defects in material and workmanship as set forth on Thermomix.com/warranty.
- Gift Cards
If you purchase a gift card for yourself or someone else through our Site, your purchase will be subject to our Gift Card Terms and Conditions. Our Gift Card Terms and Conditions are incorporated by reference into, and made a part of, these Terms.
- Loyalty Program
We may offer a Thermomix Loyalty Program from time to time (“Loyalty Program”). You will be provided with specific terms and conditions in connection with such Loyalty Program, and your participation in the Loyalty Program will be subject to such terms. If you participate in our Loyalty Program, your participation is subject to our Loyalty Program Terms and Conditions.
Certain features of the Site may permit users to upload, submit, and post content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site. We use a variety of third-party social media websites, communication services, and media channels such as Facebook, Twitter, and Instagram (collectively, “Social Media Assets”) to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site or Social Media Assets. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site.
We do not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs, or otherwise contained in the Site and expressly disclaim any and all liability in connection with User Content submissions. We disclaim any and all liability in connection with User Content, and you agree that Vorwerk and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content.
If you are a Vorwerk employee and submit a review as part of your User Content, you must disclose your employment status within that review.
By providing User Content via the Site or Social Media Assets, you affirm, represent, and warrant that:
- You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Vorwerk and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by Vorwerk, the Site, and these Terms;
- Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Vorwerk to violate any law or regulation or otherwise cause liability for Vorwerk;
- If you are a Vorwerk employee, that you have disclosed this fact in any review you have submitted; and
- Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions, namely, reviews, comments or suggestions, feedback, or other materials regarding this Site or a Vorwerk product or service through this Site (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such feedback that you forward to us. Vorwerk is not and shall be under no obligation (1) to maintain any feedback in confidence; (2) to pay compensation for any feedback; or (3) to respond to any feedback. By transmitting any feedback to Vorwerk, you further represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third-party (including, without limitation, copyright, trademark, privacy, personality or other personal or proprietary right) and that you have all rights necessary to convey such feedback to Vorwerk. In addition, any feedback received by Vorwerk will be deemed to include from you a perpetual, non-exclusive, irrevocable, transferable, royalty-free right and license for Vorwerk to adopt, use, copy, print, display, reproduce, modify, publish, post, disseminate, transmit, distribute, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary.
LICENSE GRANT & RESTRICTIONS
This Agreement provides you with a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use this Site solely for your personal use and conditioned at all times on compliance with the terms and conditions of this Agreement. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
The foregoing license is limited. You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit this Site (or any part thereof) in any manner not expressly permitted by this Agreement; (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of this Site (or any part thereof); (3) access, link to, or use any source code from this Site (or any part thereof);or (4) erase or remove any proprietary or intellectual property notice contained in or on this Site (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
OTHER TERMS AND CONDITIONS
Additional notices, terms, and conditions may apply to the purchase of third-party products or services (if offered by Vorwerk) or the establishment of a Thermomix Independent Consultant business opportunity. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and such other notices, terms, and conditions, Vorwerk shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to a purchase or business opportunity.
The contents of this Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of this Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by Vorwerk or its licensors. Any rights granted hereby are expressly licensed. Vorwerk does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to this Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of this Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. All other rights reserved. You must not alter, delete or conceal any copyright or other notices contained on this Site or Material. Vorwerk, Thermomix, and all other names, logos, and icons identifying Vorwerk and its products and services are proprietary trademarks of Vorwerk (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Vorwerk, is strictly prohibited. Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners.
DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED WARRANTY SECTION, ABOVE, THIS SITE AND CONTENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” VORWERK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE PRODUCTS, OR THE USE OR RESULTS OF THE USE, OF THIS SITE OR CONTENT, INCLUDING USER CREATED CONTENT, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. VORWERK DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, VORWERK AND ITS AFFILIATES MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VORWERK OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
Vorwerk shall have no responsibility to provide you access to this Site, and shall not be responsible for the conduct, whether online or offline, of any User of this Site. You further acknowledge and agree that Vorwerk shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, or any cause beyond Vorwerk’s control, including, but not limited to, offers or promotions made available on this Site, any problems or technical malfunction of this Site, failure of electronic or mechanical equipment or any telephone network or communication lines, connecting problems, computer online systems, servers or providers, computer equipment, software, or failure of any e-mail due to technical problems or traffic congestion on the Internet or any combination thereof, computer viruses, unauthorized access, theft, operator errors or omissions, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions, including any injury or damage to Users or to any person’s computer related to or resulting from the use of this Site. Under no circumstances shall Vorwerk be responsible for any loss or damage, including personal injury or death, resulting from use of this Site, from any Material, including User Created Content, posted on this Site, from the software, or from the conduct of any Users of this Site, whether online of offline. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL VORWERK NOR ANY OF ITS SUBSIDIARIES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF VORWERK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, TOTAL LIABLITY OF VORWERK FOR ANY REASON WHATSOEVER AND UPON ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO USE OF THE SITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO VORWERK FOR ANY PRODUCT OR SERVICE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OR THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE.
LIMITATION ON ACTIONS
Any claim you might have against Vorwerk for breach of this Agreement must be brought within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
You agree to release, discharge, defend, indemnify and hold harmless Vorwerk and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through this Site (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith.
This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of California, as applied to agreements entered into and completely performed in the State of California without regard to conflicts of laws rules. In the event, and for whatever reason, should the arbitration clause below be inapplicable, then you consent to the jurisdiction of the federal or state courts located in the State of California for purposes of any suit, action or proceeding arising out of these Terms. In addition, you acknowledge that any breach, threatened or actual, of this Agreement, which constitutes an unauthorized use of Vorwerk proprietary assets or information, will cause irreparable injury to Vorwerk, such injury would not be quantifiable in monetary damages, and Vorwerk would not have an adequate remedy at law. You therefore agree that Vorwerk shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Vorwerk post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Vorwerk to enforce any provision of this Agreement. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact Vorwerk if you wish to receive a printed copy of this Agreement. If any part of this Site is contrary to the laws of the jurisdiction from where you are when you access it, this Site is therefore not intended for you, and we require that you not use this Site. Those who choose to access this Site from outside the United States do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND VORWERK 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 MAY BE 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 US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, 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. (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.
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 the Agreement is 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.
Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.
You may elect to pursue your claim in court/small-claims court rather than arbitration if you send written notice to email@example.com of your intention do so within 60 days of your purchase. The arbitration or 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 VORWERK 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.
You have no reasonable expectation of privacy while using this Site because Vorwerk reserves the right to view, monitor, and/or record activity on this Site (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of this Site may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Vorwerk for use of or with this Site.
We reserve the right at any time, and without notice to you or any third-party, to modify, suspend or discontinue any part of this Site. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
LINKS TO OTHER SITES
The Site may include links to third-party websites, including, without limitation, third-party distributors. Vorwerk is not responsible for examining or evaluating the content, accuracy, or privacy policies of any third-party linked site or any link contained in a third-party linked site. Vorwerk expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, and the inclusion of a third-party link on this Site does not imply our endorsement of those third-party companies or products. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
The Site may offer certain tools or content that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of this Site and its Mobile Services shall be in accordance with this Agreement.
You consent to receive communications from Vorwerk electronically, including without limitation by e-mail or by posting notices to this Site. You agree that all agreements, notices, disclosures and other communications that Vorwerk provides to you electronically shall satisfy any legal requirement that such communications be in writing. In order for you to withdraw your consent to receive notices electronically, you must notify Vorwerk in writing of your withdrawal of such consent.
NOTICE AND TAKE-DOWN PROCEDURES; COPYRIGHT AGENT
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to Vorwerk by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on this Site, with enough detail that Vorwerk may find it on this Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: emailing to: firstname.lastname@example.org.
TERM & TERMINATION
This Agreement will take effect at the moment you register, create an account, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. Vorwerk reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use this Site, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of this Site will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning Vorwerk’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, waiver and severability, entire agreement, and governing law will survive the termination of this Agreement for any reason.
Questions about these Terms should be sent to us at email@example.com.