Terms and Conditions
Please read these terms & conditions carefully before purchasing your Cuiline kit.
1) DIY DELICIOUSNESS KITS
a. Quality:
If you have received a kit that is flawed or damaged, please email us within 30 days of purchase with a description of the issue and a photo. We will do our best to make it right, which may include sending a replacement ingredient or product, or issuing a partial refund.
Please check that all items received are what you have ordered. If you have received an incorrect item please do not open it. We will not accept any returns or provide refunds of items that have been opened, tampered with or not in their original condition.
b. Food Ingredients from Cuiline:
Our products and services are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose. Because we deliver the freshest products possible, sometimes certain ingredients may be unavailable or fail to meet our quality standards due to market or other conditions beyond our reasonable control. If one of our ingredients or products is unavailable or fails to meet our quality standards for any reason, we may decide to make a comparable substitution for that ingredient or product. All of our products and ingredients are subject to availability.
We take pride in our Products and try to provide cooking, food handling and other tips to help you make the most of your experience. However, you are responsible for the proper and safe washing, preparation, storage and cooking of all ingredients. We recommend that all cooking instructions be followed.
c. Necessary Equipment and Supplemental Ingredients:
Customers are solely responsible for obtaining and maintaining all equipment and tools necessary to access and use our Products. Customers are expected to provide their own kitchen equipment, including but not limited to a working stove, sink, kitchenware and appliances. In addition to the prices outlined on the Website, you are responsible for buying groceries based on a shopping list included in the kit. If for whatever reason you cannot locate applicable ingredients, you are expected to purchase a substitute. You may contact our Customer Service for advice on a substitute. You will not receive any refunds or credits for failing to obtain the necessary tools, equipment and/or ingredients. In no event will we reimburse you for any groceries purchased, or for any other third party fees related to your usage of our Products.
d. Prices:
The prices listed by Cuiline are valid for purchases made at that time. The Company reserves the right to alter these prices at any time.
e. Payment Information:
All information that you provide to us or our third-party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PURCHASE YOUR KIT(S).
f. Third Party Payment Processors:
Cuiline uses Stripe as its third party service provider for payment services (.e.g. card acceptance, and related services). By making or accepting any payments on the Website, you agree to be bound by Stripe’s Privacy Policy at: https://stripe.com/us/privacy and hereby consent and authorize Cuiline and Stripe to share any information and payment instructions you provide to the minimum extent required to complete your transactions. By making a purchase on our Website, you also agree to be bound by Stripe’s services agreement at: https://stripe.com/us/legal.
g. Shipping:
Please double check shipping addresses. Cuiline will ship to the address entered via our website and is not responsible for and will not issue refunds for undelivered kits due to incorrect or incomplete addresses. Cuiline is also not responsible for shipping delays and will not issue refunds based on shipping time.
Your delivery will be made by a third party shipper. While we will make reasonable efforts to ensure that your package arrives in a timely manner, we are not liable for delays caused by the shipper. A fee will be assessed if the delivery address needs to be changed after shipment and/or if the shipper returns the package to us due to the address being undeliverable.
h. Refunds:
All sales of DIY Deliciousness kits are final as they contain food products.
In the event you, as a Guest, are dissatisfied with any Product that you purchase, you may submit a complaint to Cuiline’s customer service department by emailing service@cuiline.com. Please include in your email: your name, contact information, the type of kit you purchased, and a description of your complaint. Cuiline reserves the right, in its sole discretion, to issue refunds.
YOU ACKNOWLEDGE AND AGREE DISASTIFACTION WITH THE TASTE OF ANY MEAL, OR OVERALL ENJOYMENT OF ANY EXPERIENCE IS NOT, BY ITSELF, SUFFICIENT GROUNDS TO RECEIVE A REFUND.
2) GIFT CERTIFICATES
Cuiline Gift Certificate Terms and Conditions ("GC Terms and Conditions") are in addition to the Terms and Condition policies applicable to the Website. These GC Terms and Conditions form a binding agreement between Cuiline and you as the purchaser or user of gift certificates (“Gift Certificates”) from the web site. If you do not agree to these GC Terms and Conditions, you should not purchase Gift Certificates through the web site.
a. Purchasing and Redemption:
You certify and represent to Cuiline that the activities in connection with which the Gift Certificates will be used will comply with these GC Terms and Conditions and all applicable laws, rules, and regulations, and that the Gift Certificates will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Cuiline, including its officers, employees, agents, assignees, subsidiaries, or any other Cuiline-related entity.
A gift certificate is represented by the unique digits that are issued at the time of purchase. You may purchase Gift Certificates for the stated face value amount. The amount of the Gift Certificate you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Certificate. Gift Certificate purchases are not refundable.
Personal information that you provide in connection with the purchase or redemption of Gift Certificates will be governed by the Cuiline Privacy Policy.
Gift Certificates may only be redeemed toward the purchase of eligible Cuiline Products. Redemption of Gift Certificates on the Website is subject to change in Cuiline’s sole discretion. Cuiline makes no warranty as to which products and services may be available for redemption, and refunds will not be issued if a desired product or service is no longer available for redemption. Purchases are deducted from the Gift Certificate balance. Any unused balance will be remain on that Gift Certificate. If an order exceeds the amount of the Gift Certificate, the balance must be paid with a credit card or other payment method accepted by Cuiline.
You may be able to obtain your Gift Certificate balance by contacting Cuiline customer service at service@cuiline.com. The Gift Certificate balance relayed to you by a Cuiline customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
Gift Certificates never expire.
b. Use and Limitations:
Gift Certificates may only be purchased and redeemed on the Website (www.Cuiline.com). Gift Certificates cannot be used to purchase other gift certificates.
Gift Certificates cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Unused Gift Certificate balances may not be transferred or refunded.
Gift Certificates are not returnable or refundable for cash except in states where required by law.
Gift Certificates may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Cuiline's prior written approval.
Use of Cuiline's name, logo, trade dress (including any image/likeness of the Gift Certificates) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Cuiline Gift Certificates is strictly prohibited. Furthermore, the use of Cuiline Gift Certificates in any manner that states or implies that any person, web site, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Cuiline or any of its subsidiaries or affiliates is prohibited
c. Risk of Loss:
If your Gift Certificate is lost or stolen, immediately contact customer service at service@cuiline.com. Your Gift Certificate will be cancelled and after an internal investigation, we may, at our discretion, issue a new Gift Certificate with the remaining balance, if any. Lost or stolen Gift Certificates cannot be replaced without the original confirmation email sent to the email account provided to Cuiline. Cuiline and its affiliates shall have no liability to you for lost or stolen Gift Certificates; or notwithstanding the above, the risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser or recipient whichever is first and/or applicable. We are not responsible if a Gift Certificate is lost, stolen, destroyed, or used without your permission.
d. Fraud:
Cuiline shall have the right to close member accounts or any related account(s) and deactivate associated Gift Certificates if Cuiline suspects a Gift Certificate is being used in a fraudulent manner to make purchases on the Website. If a fraudulently obtained Gift Certificate is redeemed and/or used to make purchases on the Website or any of its affiliated websites set forth above, Cuiline shall immediately suspend the Gift Certificate and may recoup the amount of the Gift Certificate by charging the amount from the Credit or Debit Card supplied. Cuiline has a zero-tolerance Fraud policy and it is the responsibility of the account holder to secure their Gift Certificates.
e. Limitation of Liability:
CUILINE AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, UNLESS SUCH NON-FUNCTIONALITY IS DUE TO THE GIFT CERTIFICATE BEING FULLY REDEEMED, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE CODE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
f. Indemnification:
You agree to defend, release, indemnify and hold harmless Cuiline and its subsidiaries, affiliates, its investors, officers, employees, agents, independent contractors, subcontractors, representatives, servants, sponsors, successors, assignees, and/or any other Cuiline-related entity from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your use of the Gift Certificates or your violation of any of these GC Terms and Conditions.
g. Issuer:
Gift Certificates are issued by Access Trips Inc DBA Cuiline
h. Amendments:
Cuiline reserves the right to change or modify these GC Terms and Conditions (“Modified Terms”) from time to time in its sole discretion. Such Modified Terms shall be posted on the Website and shall be binding on all purchases of Gift Certificate that occur after the Modified Terms take effect. All terms and conditions contained in these GC Terms and Conditions are applicable to the extent permitted by law.
3) DIETARY ADVICE, ALLERGENS AND INGREDIENT INTOLERANCES
Blog posts, newsletters and other Content may contain recipes, meal recommendations, general health information and dietary advice (collectively, the “Dietary Advice”) and the food products delivered and recommended in connection with the Service (collectively, the “Dietary Options”) will contain various ingredients. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to.
PLEASE NOTE THAT THE WEBSITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THE WEBSITE OR OTHERWISE AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE CONTENT AND INFORMATION OBTAINED FROM THE SITE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR BEFORE ADOPTING ANY DIETARY ADVICE OR PARTAKING IN ANY DIETARY OPTIONS, WHETHER OFFERED THROUGH OR BY CUILINE OR OTHERWISE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE SITE.
You should always check the ingredients associated with any Dietary Advice and Dietary Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly call 911 or contact your health care provider. All eight (8) major U.S. allergens as determined by the U.S. Food and Drug Administration (“FDA”) (milk, wheat, egg, soybeans, fish, crustacean shellfish, peanuts, and tree nuts) are stored, portioned and packed in Cuiline’s facilities. Although Cuiline takes precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing meals or other products offered in connection with Cuiline’s Products to contain some or all of those allergens. Because of this risk of cross contamination, the Cuiline Service is not appropriate for people with severe allergies or gluten intolerance.
4) INTELLECTUAL PROPERTY OWNERSHIP
All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Materials”) are owned by Cuiline and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Cuiline and you, all right, title and interest in and to the Materials will at all times remain with Cuiline and/or its Owners. The word “Cuiline,” the Cuiline logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Cuiline. Please see the Digital Millennium Copyright Act section below for more details. Cuiline reserves all other rights. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under Cuiline’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Cuiline may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
5) LIMITED USE; RESTRICTIONS ON USE
No other use of the Website or Materials is authorized. Framing of the Website or Materials or posting Materials on other web sites is strictly prohibited. The use or misuse of any Materials, except as provided in the Terms and Conditions of in the Materials, is strictly prohibited. You shall not, without the Cuiline’s express written consent:
(a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system, (c) use any tradename, trademark, or brand name of Cuiline in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, and (f) use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Cuiline, the Owner, or any third party referenced therein. You shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Materials viewed or accessed, and Cuiline’s posting of the Materials on the Website does not constitute a waiver of any right in such Materials. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.
6) ACCEPTABLE USE
Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
a. You shall not upload to, transmit through, or display via the Website any Content that:
(i) promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights;
(ii) contains confidential, proprietary, or trade secret information of any third party;
(iii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
(iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information;
(v) makes any statement, express or implied, that you are endorsed by Cuiline;
(vi) contains any unsolicited promotions, political campaigning, advertising or solicitations;
(vii) discloses the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, health information, Social Security numbers and credit/debit card numbers; or
(viii) in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the Cuiline, any of its officers, directors, or employees, or other users to any harm or liability of any type.
b. You shall not use the Website to engage in any of the following activities: (i) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
c. You shall not:
(i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
(ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website;
(iii) “frame” or “mirror” any portion of the Website, or link to any Material other than via the homepage of the URL located at http://www.Cuiline.com or the URLs provided by us to you for such purposes, without our prior written authorization;
(iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website; or
(v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law.
d. The Website allows users to post reviews, ratings and comments about Products (collectively, “Reviews”). Cuiline shall have the right, but not the obligation to monitor or review any Reviews at any time for any readily apparent violation of these Terms, including for the purpose of identifying and rejecting Reviews which violate Section 6a. Notwithstanding the foregoing, you acknowledge that Cuiline is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. The Website enables you to post Reviews and you are solely responsible for any content, opinion, statement, recommendation or advice contained therein. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. Cuiline reserves the right to refuse to post or remove any material submitted or posted in any Review.
7) SUBMITTED IDEAS
While we appreciate your interest in Cuiline and the Website, Cuiline does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of Cuiline. Further, you understand and acknowledge that Cuiline employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that Cuiline is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Cuiline assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. Without limitation, Cuiline shall exclusively own, and you hereby irrevocably transfer and assign to Cuiline, all now known or hereafter existing rights in and to the suggestion, and Cuiline shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.
8) CUILINE ONLINE PRIVACY POLICY
Cuiline takes your privacy very seriously. Cuiline’s online Privacy Policy describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy https://www.cuiline.com/privacy before accessing our using the Website.
9) DIGITAL MILLENNIUM COPYRIGHT ACT
Cuiline is committed to respecting and protecting the legal rights of copyright owners. As such, Cuiline adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Cuiline’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Cuiline’s Copyright Agent to receive DMCA Takedown Notices is: Cuiline Legal, email: service@Cuiline.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for Cuiline to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
10) UNITED STATES ONLY
By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms and Conditions, and the Cuiline Privacy Policy, you are transferring your personal information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Washington with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Washington, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Washington. Any claim or dispute between you and Cuiline that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Seattle, Washington, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
11) DISCLAIMERS
WITHOUT LIMITING THE FOREGOING, THE MATERIALS AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN CUILINE HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUILINE, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, CUILINE DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. CUILINE RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.
12) LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER CUILINE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF CUILINE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR ITS TERMS AND CONDITIONS OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST CUILINE AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CUILINE AND ITS AFFILIATES SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
13) JURISDICTION
Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Washington, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Washington.
14) TERM, TERMINATION AND SURVIVAL
The Terms shall commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while your use the Services, unless terminated earlier in accordance with these Terms. If you have breached the Terms, or if we are required to do so by law, we have the right, in our sole discretion, to suspend or terminate your access to our Website and Services with or without notice to you. Termination of any Service will include the removal of your access to such Service and the barring of your further use of the Service. Termination or suspension of your Service may also include deletion of your information and Content. Upon termination of any Service, your right to use such Service will terminate immediately. YOU AGREE THAT CUILINE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICE.
All provisions of these Terms which by their nature should survive, shall survive termination of Services however so caused, including without limitation, the provisions pertaining to our disclaimers, Our limitations on liability, the ownership of intellectual property, the termination of these Terms, your license granted to us, your warranty and your indemnity.
15) FORCE MAJEURE
In addition to the applicable disclaimers stated above, our performance under these Terms and Conditions is excused in the event of interruption and/or delay due to, or resulting from, causes beyond our reasonable control (including, but not limited to, acts of God, acts of any government, war or other hostility, pandemic, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, postal service strike, industrial or labor disputes or controversies, acts of any third party provider(s), third party software, or communication method interruptions).
16) ASSIGNMENT
The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cuiline without restriction.
17) NOTICE
Your affirmative act of using the Website or purchasing an Experience constitutes your electronic signature to these Terms and your consent to enter into agreements with Cuiline electronically. You also agree that Cuiline may send any notices, disclosures, reports, documents, communications or other records regarding the Website (collectively, “Notices”) in electronic form to: (1) the e-mail address that you provided during registration, or (2) by posting the Notice on the Website. The delivery of any Notice from is effective when sent by Cuiline, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling your Member Account. You must give notice to us in writing via email to service@Cuiline.com or as otherwise expressly provided.
18) MISCELLANEOUS
Cuiline’s failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
USA – HEADQUARTERS:
Cuiline
P.O. Box 11695
Bainbridge Island, WA 98110
USA
Email: info@cuiline.com
Local Phone: 1 206-567-1010
Toll Free Phone: 1 800-364-4450
Please do not hesitate to contact us if you have any questions about our Terms & Conditions.