Thank you for visiting the temp-tations® shopping Web site!
Welcome to the Temp-Tations LLC (“Temp-Tations”, “us,” “our,” or “we”) Web site located at www.Temp-Tations.com (“Site”). The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.
- Proprietary Rights. As between you and Temp-Tations, Temp-Tations owns or licenses all data, content, graphics, forms, artwork, images, designs, icons, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, organization and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms. As between any user and Temp-Tations, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Temp-Tations or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Contents, other than the right to use the Site Materials in accordance with these Terms.
- Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Temp-Tations; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Site who has requested not to be contacted; (e) attempting to gain unauthorized access to Temp-Tations’s computer systems or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (f) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials only as consistent with these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Temp-Tations is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to Temp-Tations and that in the event of such unauthorized use, Temp-Tations shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Materials Submitted to the Site. The Site may allow you to contribute content, text, files, graphics, testimonials, comments, recipes, personal listings, messages, postings, and other materials and information for access, use, and commentary by Temp-Tations and/or other visitors to the Site (“User Content”). By submitting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to Temp-Tations, you grant Temp-Tations a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. For avoidance of doubt, Temp-Tations shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content posted on the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 14 of these Terms.
Billing and Payment. Some services or products on the Site, including procuring our renowned kitchenware, require you to make a purchase. By purchasing products, or registering on the Site you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. For information about our returns and refunds, please see our Return Policy.
You may be able to purchase some products on a payment plan (i.e., with deferred payments or in installments), in which case you will be subject to any additional terms and conditions presented to you at the time of purchase. Some products on the Site may also be available for purchase through a subscription or auto-delivery plan (“Subscription(s)”). These products are clearly identified on the Site and may only be purchased together as a bundle, not separately. Temp-Tations makes no guarantee as to the availability of any products sold via Subscriptions. The term and period of the Subscriptions depend upon when you subscribe and inventory availability, but in each case you will be notified of the applicable term of the Subscriptions at the time of purchase. By purchasing a Subscription, you agree and acknowledge that your order will be automatically shipped until the end of your Subscription period, and you accept responsibility for all recurring charges during that period or prior to cancellation. A credit card is required for all Subscriptions. To ensure uninterrupted delivery, you agree that Temp-Tations or its vendors may keep your credit card information on file and charge you for each product prior to shipment of a product included within a Subscription. You may cancel your Subscription at any time. To cancel, you may call us at 1-800-442-8677 and we will do it for you. If you do not cancel 5 days prior to the shipment date for a particular product within a Subscription, you will be charged for that month’s shipment of products to you.
Temp-Tations uses a third party payment processor to process credit card transaction made through the Site. By submitting your credit card information, you grant Temp-Tations the right to store and process your information with the third party payment service, which we may change from time to time. If you purchase products from Temp-Tations or make any payments via the Site with your credit card, the credit card information that you submit to Temp-Tations will be protected by encryption, such as with the Secure Socket Layer (“SSL”) protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission to Temp-Tations. You are responsible for all charges incurred under your account, whether made by you or another person using your account. You agree that Temp-Tations will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. If for any reason Temp-Tations does not receive payment for a purchase, Temp-Tations may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on Temp-Tations’s net income).
- Prices on Orders. All prices displayed on the Site are quoted in U.S. dollars. Temp-Tations may restrict delivery to addresses within the United States and Canada. Temp-Tations will add shipping and handling fees and applicable sales/use tax in accordance with its then existing policies. Temp-Tations reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on its Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products or services on this Site do not imply endorsement of that product or service, or constitute a warranty, by Temp-Tations. For warranty information please see Temp-Tations’s Warranty Policy Registration. The receipt by you of an order confirmation does not constitute Temp-Tations’s acceptance of an order. Prior to Temp-Tations’s acceptance of an order, verification of information may be required. Temp-Tations reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Temp-Tations. Temp-Tations reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price, Temp-Tations shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is canceled, Temp-Tations shall promptly issue a credit to your account in the amount of the incorrect price, or provide you with a refund at your election. The risk of loss and title for all products purchased by you and shipped by Temp-Tations pass to you upon Temp-Tations delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of Temp-Tations vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
- Gift Cards. You may be able to purchase gift cards through the Site. These gift cards are only redeemable through the Site and may only be used to purchase goods offered for sale through the Site. All gift cards purchased through the Site, together with any underlying funds, do not expire. No fees will be imposed in connection with these gift cards. For more information, please contact us at email@example.com or 1-800-442-8677 (M-F 8:30am–5:30pm EST).
- Colors. We have made every effort to display as accurately as possible the colors of our products that appear on this Site. However, since the actual colors you see depend upon your computer and monitor, we cannot generate that the display of any color will be completely accurate.
- Third Party Web Sites and Content. As set forth in Section 4 and Section 5, parties other than Temp-Tations may provide products, services or content on the Site. We do not recommend and expressly disclaim any responsibility for the content, accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. We do not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
- Privacy Statement. Any personal information that you provide to us on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein.
- Disclaimer. The information on this Site is for informational purposes only. Without limiting anything else in these Terms and Conditions or otherwise, we are not responsible for any errors or omissions in the Site or Site Materials. Temp-Tations, and our subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, links, advertisements or other items contained within the Site. We reserve the right to immediately remove any Site Material or User Content for any reason or for no reason. While we strive to, we cannot and do not review all communications made on or through the Site. Although not obligated to, we may review, verify, make changes to or remove any User Content, Site Material, the Site or the products or services made available in connection with the Site with or without notice in its sole discretion. EXCEPT FOR THE ONE YEAR WARRANTY TERMS EXPRESSLY PROVIDED ON THE SITE, THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. TEMP-TATIONS AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT
- Limitation of Liability. TEMP-TATIONS AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR TEMP-TATIONS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF TEMP-TATIONS AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF TEMP-TATIONS AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
- Indemnification. You will indemnify us and our members, managers, directors, officers, employees, agents, contractors and licensors (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to us), or any breach by you of these Terms, and you will indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
- Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to us at firstname.lastname@example.org a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Changes to these Terms. Temp-Tations shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on this Site. You are responsible for reviewing this Site periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Temp-Tations to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Temp-Tations shall be valid or enforceable against Temp-Tations unless expressly agreed to in writing signed by a duly authorized officer of Temp-Tations. Temp-Tations may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing Temp-Tations with untrue or inaccurate information about yourself, for infringement upon Temp-Tations proprietary rights, or for any reason whatsoever or for no reason.
- Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Temp-Tations with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the Commonwealth of Pennsylvania; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
- Entire Agreement. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Temp-Tations of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. Notwithstanding the foregoing, these Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service, except as specifically provided herein.
- Acts Beyond Control. Temp-Tations shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
- Miscellaneous. The Site is not intended for children under the age of 18. The Site is controlled and operated from within the United States. Without limiting anything else, we make no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Our waiver or failure to exercise in any respect any right provided hereunder will not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”