TERMS AND CONDITIONS
Welcome to AncientCookware.com (“Web Site”) owned and operated by KCool Enterprises, Inc. d/b/a Ancient Cookware (“Ancient Cookware”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. All users of this Web Site agree that access to, using, registering for, or purchasing products from this Web Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Web Site.
We reserve the right to make changes to this Web Site and these Conditions at any time.
GENERAL TERMS AND CONDITIONS
Unless otherwise noted, the products and services on this Web Site are intended for personal, non-commercial purposes only. You agree to use the Web Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Web Site.
Eligibility
Our Web Site is not intended or created for children. In order to purchase products from this Web Site, you represent and warrant that you are above the legal age of majority in your jurisdiction of residence or have parent/guardian permission if under the legal age of majority. By using this Web Site, and by agreeing to the terms and conditions and Privacy Policy, you acknowledge that you are above the legal age of majority or have parent/guardian permission prior to use.
USE OF OUR WEB SITE
Registration
In order to access certain features of the Web Site, you may be required to register and to select a password and user name. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel, a User ID in our discretion.
Security
You understand and agree that you are responsible for maintaining the confidentiality of your User ID and Password and agree not to provide them to any other person. You specifically agree that you are responsible for any actions entered through the Web Site by you or others who obtain access through you using your User ID and Password. You agree that we are not responsible for any damages or losses resulting from any breach of security caused by your failure and/or the failure of other persons who obtain access through you to maintain the confidentiality of your User ID and Password. You agree to notify us immediately if you suspect that your User ID and/or Password has been lost or stolen or that an unauthorized person has obtained access to the Web Site using your User ID and Password.
Typographical Errors
In the event that one of our product are mistakenly listed at an incorrect price due to typographical error, we reserve the right to refuse or cancel any orders placed for the products listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price.
Term- Termination
These terms and conditions are applicable to you upon you accessing the Web Site and/or completing the registration process. These terms and conditions, or any part of them, may be terminated by us without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Contests
This Web Site may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
PARTICIPATION DISCLAIMER
User Content
We welcome user comments, information and submissions. In addition, you and other users of the Web Site from time to time may have an opportunity to post on the Web Site certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “User Content”). Subject to our Privacy Policy, all User Content that you post on this Web Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Web Site. You also agree that we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Web Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Web Site.
Review of Submissions
We do not and cannot review all communications and materials posted to or created by users accessing the Web Site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Web Site, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Web Site. However, we and our designees reserves the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Web Site and the public. In any case, we are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such User Content even when we are advised of the possibility of such damages.
User Conduct
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Web Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Web Site for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Web Site.
No Endorsement
We do not control the User Content posted on the Web Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Web Site do not necessarily reflect our views or those of our content providers, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Web Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.
LEGAL STATEMENTS
Warranty Disclaimer
THIS WEB SITE AND THE MATERIALS AND PRODUCTS ON THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR PRODUCTS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
ANCIENT COOKWARE OR IT’S RESPECTIVE AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEB SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Ancient Cookware, its affiliates, officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Web Site using your Internet account.
Copyright
The Web Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries, and is the exclusive property of Ancient Cookware.
Permission is granted to use the content of this Web Site for the sole purpose of placing an order with or purchasing from this Web Site. No materials from this Web Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Web Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
MISCELLANEOUS
Your use of this Web Site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Web Site (including but not limited to the purchase of Ancient Cookware products) shall be in the state or federal courts located in Miami-Dade County, Florida. Any cause of action or claim you may have with respect to the Web Site (including but not limited to the purchase of Ancient Cookware products) must be commenced within one (1) year after the claim or cause of action arises. Ancient Cookware’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ancient Cookware may assign its rights and duties under this Agreement to any party at any time without notice to you.
CHANGES TO THE TERMS AND CONDITIONS
These Terms and Condition were last updated in June, 2014.
From time to time we may change our Terms and Condition. We will notify you of any material changes to our Terms and Conditions by posting an updated copy on our website. Please check our website periodically for updates.
