Terms of Use

Effective Date: June 1, 2016

These terms and conditions of use of the website (the “Terms of Use”) govern and apply to anyone accessing or using the Hestan Smart Cooking, Inc. (hereafter “HSC,” “we,” “us,” or “our”) website located at www.hestancue.com (the “Website”), mobile application any other website(s) owned and/or operated by HSC, including any of its subsidiaries or corporate affiliates (collectively, our “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF THE SERVICES. Your use of any of the Services is expressly conditioned on your compliance with and acceptance of the following terms and conditions. If you choose to continue to use or access the Services after having the opportunity to read the Terms of Use, you recognize that HSC has provided valuable consideration by offering the Services, and in exchange for that valuable consideration, you agree to the Terms of Use and Privacy Policy. If you do not agree with any part of the following Terms of Use or Privacy Policy, please do not use any of the Services.

THE SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE OR ACCESS THE SERVICES OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms of Use with your parent or legal guardian and that you and your parent or guardian understand and consent to these Terms of Use.

IMPORTANT DISCLOSURE FOR NEW JERSEY RESIDENTS. Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by State or Federal law. These Terms of Use are intended to comply with the TCCWNA. In the event of a conflict between these Terms of Use and the TCCWNA, the terms of the TCCWNA take precedence and will control. The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. THE FOLLOWING PROVISIONS OF THE TERMS OF USE ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS: SECTION 1 (LAST PARAGRAPH); SECTIONS 7, 8, 11, 13 AND 16.

1. OWNERSHIP.

Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Services existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of HSC, its parents, subsidiaries, affiliates and/or licensors.

Unless expressly granted in writing by HSC, no rights in or to the Content except those expressly set forth within these Terms of Use are granted to you. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the Content, software and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of HSC and, if applicable, the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading content or software from the Services.

Any third-party content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such content. Links to any third-party content are provided for your convenience only. If you choose to access any third-party content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT HSC IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.

2. REGISTRATION.

To access certain Services, you may need to register for an account, and you may be asked to provide a username and a password. You agree to provide accurate, current and complete information required to register with the Services and/or at any other time as may be required in the course of using the Services. You further agree to maintain and update your registration information as required to keep it accurate, current and complete. You should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user ID or password), you will immediately notify HSC. We reserve the right to cancel your account at any time for any reason without prior notice to you.

By entering any information on any of the Services, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. By using the Services and providing us with your personal information upon registration or otherwise, you also accept the terms set forth in our Privacy Policy.

3. USE OF SERVICES.

You are prohibited from using the Services to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law.

The Services and the content provided in any of the Services may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of HSC, except that you may download, display and print one copy of the materials presented on any of the Services on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited. Unauthorized use of any of the Services and the materials contained on any of the Services may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You may share links from the Services with others or post them on social media Services, however, you are prohibited from posting to or transmitting from any of the Services any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Services, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of HSC (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Services). You agree you will not interfere or attempt to interfere with or damage, impair or disable the operation of the Services, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. You may also not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any unsolicited offers, request, advertisements, or spam.

You represent, warrant and agree that you will comply with the above acceptable use requirements. HSC reserves the right, in its sole discretion, to take such action as HSC sees fit in relation to any user who partakes in any of HSC’s prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, HSC reserves the right to take court action and/or report users to the relevant authorities.

4. THIRD PARTY WEBSITES AND APPLICATIONS.

For your convenience and to improve the usage of the Services, links to websites that are owned and controlled by third parties may be provided from time to time. HSC does not assume any responsibility or liability with respect to any third party website linked from any of the Services (or any website linking to any of the Services), including its content and operation. HSC does not review or monitor such third party links. A link from any of the Services to another third party website (or a link from another website to any of the Services) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such third party website, its contents, or any products or services advertised or distributed through that website. While any of the Services may contain “links” to other third party services, we are not responsible for the content or the privacy practices employed by them.

The Services may be integrated with third party applications, websites, and services (e.g., Facebook) to make available content, products, and/or services to you. These third party applications have their own terms and conditions of use and privacy policies and your use of these third party applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that HSC does not endorse and is not responsible or liable for the behavior, features, or content of any third party application or for any transaction you may enter into with the provider of any such third party applications.

5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS.

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct in connection with the Services. THESE OFFICIAL RULES MAY SUPERSEDE THESE TERMS OF USE AND THE PRIVACY POLICY.

6. USER GENERATED CONTENT

All opinions, remarks, comments, artwork, graphics, photographs, links, username and other information that identifies you, questions, suggestions, information, text, videos and other materials that you or other users of the Services post to the Services or transmit using the Services (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, HSC shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world. You acknowledge and agree that HSC only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. HSC does not continuously monitor User Generated Content published by you or moderating between users, nor shall HSC be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of HSC. Any use by you of the User Generated Content is entirely at your own risk. You represent that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or moral rights and does not contain any defamatory or disparaging statements. Furthermore, you represent that you have the capacity to grant the license as stipulated in this paragraph.

HSC reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which HSC believes is not in accordance with these Terms of Use (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or moral rights), or is otherwise unacceptable to HSC.

7. INDEMNIFICATION; LIMITATION OF LIABILITY

You agree to defend, indemnify and hold harmless HSC and its parents, subsidiaries, affiliates, employees, representatives, agents, directors, officers, managers, shareholders, third party content providers and licensors (the “Indemnified Parties“) from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) arising out of (i) your use of the Services; (ii) your online conduct and User Generated Content; (iii) your violation, breach or alleged breach of these Terms of Use; (iv) your failure to comply with any applicable laws or regulations; (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person; or (vi) any of your dealings or transactions with other persons resulting from use of the Services.

Your use of the Services is at your own risk. You agree that our sole obligation to you is to provide the Services “as is.” Neither HSC nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Services shall be liable to you or to any third party for your use of, or the inability to use, the Services and its content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Services.

This limitation of liability (“Limitation”) applies only to your free use of the Services. This Limitation does not apply to, for example, your purchase of any product or service from HSC. This Limitation also does not apply to, for example, our offer or advertisement of any HSC product or service including the content of any offer or advertisement on the Services.

8. DISCLAIMER OF WARRANTIES

THIS DISCLAIMER (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEBSITE. THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM HSC. THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY HSC PRODUCT OR SERVICE INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE WEBSITE.

THE WEBSITE IS FREE OF CHARGE AND PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. HSC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THE INFORMATION ON THE WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.

HSC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. COPYRIGHT ACT AGENT.

HSC respects the intellectual property rights of others, and requires that the people who use any of the Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing HSC with the following information in writing to the Copyright Agent named below:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your name, address, telephone number, and email address and all other information reasonably sufficient to permit HSC to contact you;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent
Hestan Smart Cooking
1 Meyer Plaza
Vallejo, CA 94590
Attn: Legal Department
Email: support@hestancue.com

Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon HSC actual knowledge of facts or circumstances from which infringing material or acts are evident. All notices must meet the then current statutory requirements imposed by the DMCA.

10. PRIVACY POLICY

Registration information and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal information and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.

11. MODIFICATION.

HSC reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. If you continue to use the Services, check the footer for notice of changed Terms of Use. If the footer indicates that the Terms of Use have been changed, please immediately read them. Your continued use of the Services after we have posted notice of such modifications, alterations or updates, and after you have had the opportunity to read the revised Terms of Use means you accept those changes.

If you do not consent to any of the changes of the Terms of Use, your only remedy is to terminate your access to and use of the Services. Your failure to terminate use of the Services shall constitute acceptance of the changes to the Terms of Use.

12. TERMINATION

You understand and agree that HSC will determine your compliance with these Terms of Use in its sole discretion. HSC reserves the right to restrict, suspend, deny or terminate access to all or part of the Services and to deny access to any person in its sole discretion without notice or liability of any kind. The Terms of Use are effective until terminated by either party. You may terminate the Terms of Use by discontinuing your access to and use of the Services. The privileges granted to you under the Terms of Use will terminate immediately and automatically without notice from HSC if, in its sole discretion, you fail to comply with any term or provision of the Terms of Use. Upon such termination (i) all licenses granted by HSC to you hereunder will terminate and you will no longer have permission to access the Services; and (ii) the following rights and provisions shall survive in perpetuity: (a) all licenses granted hereunder by you to HSC; (b) all provisions of these Terms of Use regarding disclaimers of warranties and liabilities by HSC, and (c) all provisions providing, in whole or in part, that users shall defend, indemnify and hold harmless HSC or third parties.

13. GOVERNING LAW.

These Terms of Use, Privacy Policy and their respective interpretations shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the jurisdiction and venue of the state and federal courts located in San Francisco, California, United States of America, in all questions and controversies arising out of your use of any of the Services and these Terms of Use.

14. ASSIGNMENT.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

15. ENTIRE AGREEMENT.

The Terms of Use contains the entire understanding of you and HSC and supersedes all prior understandings of the parties hereto relating to the subject matter hereof and cannot be changed or modified by you except by a writing signed by an authorized signatory for HSC.

16. MISCELLANEOUS

Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Services are incorporated by this reference into these Terms of Use.

Your use of any of the Services is independent of HSC and not as an employee, agent, partner, or joint-venturer with HSC for any purpose.

If any provision of the Terms of Use is found to be invalid, illegal or unenforceable, the Terms of Use will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall not be given any legal import.

17. HOW TO CONTACT US.

If you have any comments or questions regarding this Terms of Use, please contact us at support@hestancue.com or send a written request to Hestan Smart Cooking, 1 Meyer Plaza, Vallejo, CA 94590.

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