California Privacy Disclosure

Cookware Company (USA), LLC

Privacy Disclosures for California Residents

 

These disclosures supplement the Privacy Policy (the “Policy”) of The Cookware Company (USA), LLC, a Delaware limited liability company, (“CWC”), which can be found at https://www.greenpan.us/ (the “Site”).  These supplemental privacy disclosures (“Disclosures”) are provided pursuant to the California Consumer Privacy Act (“CCPA”), as amended, and apply only to residents of California.  Each capitalized term used, but not defined in these Disclosures or the Policy, shall have the meaning given to such term in the CCPA.

 

Definitions

 

Capitalized terms shall have the same meaning as the terms defined in the Policy.  In addition, in these Disclosures:

 

(a)       “"California Information” means all California Information that relates to residents of California and that is covered by the California Consumer Privacy Act or the California Online Privacy Protection Act, including any amendments thereto.

 

(b)       “Cross-Context Behavioral Advertising” means the targeting of advertising to a consumer based on the consumer’s California Information obtained from the consumer’s activity across businesses, distinctly-branded websites, applications, or services, other than the business, distinctly-branded website, application, or service with which the consumer intentionally interacts.

 

(c)       “Sensitive Personal Information” means all (i) California Information that reveals (A) a California resident’s social security, driver’s license, state identification card, or passport number; (B) a California resident’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) a California resident’s precise geolocation; (D) a California resident’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (E) the contents of a California resident’s mail, email and text messages, unless CWC is the intended recipient of the communication; (F) a California resident’s genetic data; and (2) (A) the processing of biometric information for the purpose of uniquely identifying a California resident; (B) California Information collected and analyzed concerning a California resident’s health; or (C) California Information collected and analyzed concerning a California resident’s sex life or sexual orientation; Sensitive Personal Information that is “publicly available” pursuant to the California Laws is not considered Sensitive Personal Information or California Information.

 

(d)       “Share,” “Shared,” or “Sharing” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s California Information, including California Information, by CWC to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for Cross-Context Behavioral Advertising for the benefit of a business in which no money is exchanged.

 

Required Disclosures

Categories of California Information Collected, Disclosed and Shared for a Business Purpose

In the past twelve months, CWC has collected, disclosed and Shared the following categories of California Information to the third parties, set forth below.

 

Categories of California Information We Collect

Is California Information Shared

Categories of Third Parties with Which We Share California Information

Is California Information Disclosed

Categories of Third Parties to Which we Disclose California Information

Identifiers. This includes name, address, email, and phone number.

No

N/A 

Yes

CWC discloses this information to third parties who provide information technology services, data storage services, and product sales and order fulfillment services.

California Information categories listed in the California Customer Records statute.  This includes, name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, employment, employment history, bank account number, credit card number, debit card number, or any other financial information.

No

N/A

Yes

CWC discloses this information to third parties who provide information technology services, data storage services, and product sales and order fulfillment services.

Commercial Information. This includes records of products purchased or considered or other purchasing or consuming histories or tendencies.

No

N/A

Yes

CWC discloses this information to third parties who provide information technology services, data storage services, and product sales and order fulfillment services.

Internet/Electronic Activity. This includes browsing history, search history and interaction with a website or application

Yes

CWC may Share California Information with our marketing and advertising providers.

No

N/A

Geolocation Data. This includes device location.

Yes

CWC may Share California Information with our marketing and advertising providers.

No

N/A

Inferences drawn from other California Information. This includes information reflecting an individual’s preferences and characteristics.

Yes

CWC may Share California Information with our marketing and advertising providers.

No

N/A

Sensitive Personal Information. This includes a consumer’s social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; a consumer’s precise geolocation; a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; contents of a consumer’s mail, email, and text messages unless CWC is the intended recipient of the communication; or a consumer’s genetic data.

No

N/A

No

N/A

 

Categories of Sources from which California Information is Collected

 

CWC collects California Information through the Site, from third parties acting on behalf of Consumers, or from customers with whom or which CWC has a business relationship, including from representatives of CWC’s customers. 

 

Purposes for Collecting California Information

 

CWC uses California Information collected by it for one or more of the following business purposes:

 

  • To achieve the purposes for which the California Information was provided (e.g. if a Consumer provides California Information to ask a question about CWC’s products, or to order products, CWC may use that California Information to respond);
  • To fulfill orders for products, or to process returns of products;
  • To record use of the Site, diagnose problems with the Site, and improve, and make more useful to users of, the Site;
  • To send e-mail messages, newsletters, and other correspondence regarding CWC and its products;
  • To provide a Consumer with support, and to respond to questions, regarding products of CWC;
  • To respond to requests from law enforcement or other governmental authorities;
  • To comply with any applicable law or other legal obligation;
  • To prosecute, or defend itself in, a legal dispute; and
  • For any other business purpose permitted by the CCPA, including any amendments thereto, and its regulations.

 

 

Purposes for Sharing California Information

 

CWC Shares California Information with third parties which provide analytics services and serve ads on our behalf targeted to your interests and based on your online activities. Information may be linked to your browser or device (like cookies and similar tracking technologies) and related to you if you have a customer account or interact with us in other ways.

 

Purposes for Disclosing California Information

 

CWC may disclose California Information, including any category of California Information collected, with third parties, including Contractors or Service Providers, to enable CWC to provide products and services, and otherwise conduct its business operations.

 

No Knowledge of California Information Sold or Shared for Consumers Under Sixteen

 

In the preceding twelve months, to its knowledge, CWC has not sold or Shared any California Information of Consumers under sixteen years of age with any third parties.

 

Sensitive Personal Information

CWC does not collect, use or disclose Sensitive Personal Information for the purpose of inferring characteristics about Consumers.  CWC will only collect, use or disclose Sensitive Personal Information: (1) to provide the services or benefits expected by an average consumer; (2) to prevent, detect and investigate security incidents that compromise the availability, integrity or confidentiality of stored or transmitted California Information to the extent the use of your California Information is reasonably necessary and proportionate for these purposes; (3) to resist malicious, deceptive, fraudulent or illegal actions directed at the business and to prosecute those responsible for those actions, to the extent the use of your California Information is reasonably necessary and proportionate for these purposes; (4) to ensure the physical safety of natural persons, to the extent the use of your California Information is reasonably necessary and proportionate for these purposes; (5) for short-term, transient use, including, but not limited to, non-personal  advertising shown as part of a consumer’s current interaction with the business, provided that the California Information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business; (6) to perform services on behalf of the business, provided that the use of the consumer’s California Information is reasonably necessary and proportionate for this purpose; and (7) to verify or maintain the quality or safety of a produce, service or device that is owned, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by the business, provided that the use of the consumer’s California Information is reasonably necessary and proportionate for this purpose.

Retention of California Information

CWC keeps California Information as long as it is needed to provide our products, comply with legal obligations or protect our interests.  We decide how long we need information on a case-by-case basis.  The following factors are taken into consideration when making such a determination:

  • If CWC needs the California Information to operate or to provide our products.
  • The amount, nature, and sensitivity of the California Information.
  • The feature we use it for, and how that feature works.
  • How long we need to retain the California Information to comply with certain legal obligations.
  • If we need it for other legitimate purposes, such as to prevent harm; investigate possible violations of our terms or policies; promote safety, security and integrity; or to protect CWC and its employees, including protection of rights, property or commercial interests.

Summary of Consumers’ Rights

The following is a summary of a Consumer’s rights under the CCPA, including any amendments thereto:

 

Right to Know Specific Information

 

You have the right to request that CWC disclose certain information to you regarding your California Information collected by CWC in the preceding 12 month period or, if requested and the data was collected on or after January 1, 2022, beyond the 12 month period, as long as doing so does not prove impossible or involve disproportionate effort on CWC.  Specifically, you have the right to request the following:

 

  • The categories of California Information collected about you;
  • The categories of sources from which the California Information was collected;
  • CWC’s business or commercial purpose for collecting your California Information or, if applicable, disclosing, selling or Sharing your California Information;
  • The categories of third parties to whom CWC discloses, sells or Shares your California Information; and
  • The specific pieces of California Information collected about you.

 

Right to Delete Information

 

You may request that CWC delete any of your California Information retained by it, subject to certain exceptions.  Upon receiving and confirming your California Request (as defined below), CWC will delete (and direct its Contractors and Service Providers to delete) such California Information from CWC’s (or such Contractors’ or Service Providers’) records, except that CWC may deny your request if retaining the California Information is necessary for CWC or one of its Contractors or Service Providers to:

 

  • Complete the transaction for which CWC collected the California Information, provide requested products and services, take actions reasonably anticipated within the context of CWC’s ongoing business relationship with you, or otherwise perform a contract between CWC and you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activity;
  • Debug products to identify and repair errors that impair intended functionality;
  • Exercise free speech, ensure the right of another Consumer to exercise his or her free speech rights, or exercise another right provided by law;
  • Comply with the California Electronic Privacy Act (Cal. Penal Code § 1546 et. seq.);
  • Enable solely internal uses that are reasonably aligned with Consumer expectations based on a Consumer’s relationship with CWC;
  • Maintain internal records reasonably required for audits by external and internal auditors (including, but not limited to, accountants, banks and other financial institutions, and government authorities);
  • Comply with a legal obligation; and
  • Make other internal and lawful uses of California Information that are compatible with the context in which the California Information was provided.

 

Right to Correct Information

 

You may request that CWC correct your California Information if it is inaccurate, taking into account the nature of the California Information and the purposes of the processing of the California Information. Upon receiving your California Request, CWC will use commercially reasonable efforts to correct your California Information.

 

Right to Opt Out of Targeted Advertising

 

You may opt out of the processing of your California Information obtained from your activities on nonaffiliated websites or online applications for the purposes of targeted advertising. A link to the opt out page can be found on the Site’s homepage. 

 

Right to Non-Discrimination

 

CWC will not discriminate against a Consumer for exercising any rights under the CCPA, as amended.  In particular, if a Consumer exercises any such rights, CWC will not:

 

  • Deny goods or services to a Consumer;
  • Charge a Consumer different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide a Consumer a different level or quality of products or services; or
  • Suggest that a Consumer may receive a different price or rate for products or services, or a different level or quality of products or services.

 

However, CWC may offer a Consumer certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels.  Any such financial incentives offered by CWC will reasonably relate to the value of California Information, and contain written terms that describe the material aspects of such financial incentives.  A Consumer’s prior opt-in consent, which may be revoked at any time, is required before the Consumer obtains such financial incentives.

 

Verifiable Consumer Requests

 

To exercise your rights described in these disclosures and the Policy, you must submit a verifiable consumer request (a “California Request”) to CWC as set forth in the Contact Information Section of the Policy.  Only you, or a an agent registered with the California Secretary of State that you authorize to act on your behalf, may make a California Request relating to your California Information.  You may also make a California Request on behalf of your minor child.

 

The California Request must:

 

  • Provide sufficient information that allows CWC to reasonably determine you are the person about whom CWC collected California Information or an authorized representative.
  • Describe your request with sufficient detail that allows CWC to properly understand, evaluate, and respond to it.

 

CWC cannot respond to a request or provide California Information if it cannot verify your identity or the individual’s authority to make the request on your behalf unless it can confirm that the California Information relates to you. CWC will only use California Information provided in a California Request to verify the requestor’s identity or authority to make the request.

 

CWC’s Response

 

CWC endeavors to respond to a California Request within 45 days of its receipt.  If CWC requires more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. CWC will deliver its written response by mail or electronically, at your option. Any disclosures provided by CWC will only cover the 12-month period preceding receipt of the verifiable consumer request.  However, if the California Information was collected on or after January 1, 2022 and your request is for longer than the 12-month preceding period, CWC will disclose the data requested, as long as doing so does not prove impossible or involve disproportionate effort to CWC.  The response provided by CWC will, if applicable, also explain the reasons CWC cannot comply with a request.  For data portability requests, CWC will select a format to provide your California Information that is readily useable and should allow you to electronically transmit the information from one entity to another entity without hindrance.

 

CWC does not charge a fee to process or respond to your California Request unless it is excessive, repetitive, or manifestly unfounded.  If CWC determines that your request warrants a fee, CWC will tell you why a fee is warranted and provide you with a cost estimate before completing the request.

 

Revisions to These Disclosures

 

CWC may revise these disclosures from time to time by posting the revisions on the Site.  Any such revision will take effect immediately upon such posting, but will only relate to California Information collected after such revision is posted.  It is a Consumer’s responsibility to periodically check the Site for revisions to these disclosures.

 

Effective Date:  June 30, 2023

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Sale terms.

THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

YOU ARE REQUIRED TO ACCEPT THESE TERMS PRIOR TO PLACING ANY ORDER ON THIS WEBSITE, AND BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ARE BOUND BY THESE TERMS.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

These terms of sale (“Terms”) apply to the purchase and sale of products (“Products”) through www.greenlife-cookware.com (the “Site”) or through any other means, and constitute a legally binding agreement between the individual (“Customer” or “you”) using the Site and/or purchasing the products and The Cookware Company (USA), LLC (the “Seller”). The Terms are subject to change by Seller without prior written notice at any time, in Seller’s sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms, as well as our Privacy Policy, before purchasing any product through the Site or otherwise.

1. Acceptance.  When prompted on the Site, Customer must check the appropriate box to accept the Terms and purchase a Product. If Customer does not indicate its acceptance of such Terms by checking the appropriate box, Customer will not be able to purchase a Product. All purchases of Products from Seller are subject to Customer’s acceptance of these Terms.

2. Orders. Each order for a Product received by Seller through the Site is subject to acceptance by Seller and these Terms as well as any other terms set forth on the Site.  Seller may reject any such order for any reason, in its sole discretion.  After Customer submits an order, Customer may receive one or more email messages that such order has been (a) received by Seller, (b) accepted by Seller and/or (c) shipped by Seller.  If any such order relates to a Product that is unavailable or is otherwise not accepted by Seller, Customer will be so notified in an email message.

3. Information. In submitting an order for a Product, Seller may collect data and other information from Customer and Customer’s computer; provided, however, that Seller will not collect any data or other information relating solely to the credit card used by Customer to pay for a Product.  All such data and other information will be handled by Seller as set forth in its Privacy Policy, a copy of which is posted on the Site.  All data and other information relating solely to a credit card used by Customer to pay for a Product may be collected and used by one or more third-party vendors. Additional information related to Seller’s use of third-party vendors is available in the Terms of Use, which are incorporated herein by reference. 

4. Sale. In submitting an order for a Product through the Site that is accepted by Seller, Customer purchases from Seller each Product described in such order, subject to these Terms.  Customer must provide Seller with complete and accurate information in submitting any such order. Any Product sold on the Site is intended for personal use (including a gift to a third party) only, and is not authorized for resale or other commercial purposes.

5. Prices; Payment. 
(a) All prices posted on this Site are subject to change without notice. The price for a Product will be the price in effect at the time the order is placed. Unless otherwise expressly stated, prices do not include taxes or charges for shipping and handling. Seller is not responsible for pricing, typographical, or other errors in any offer by Seller, and Seller reserves the right to cancel any orders arising from such errors.
(b) Customer must pay for a Product, plus all other amounts becoming due hereunder, by using a valid credit card or other payment methods expressly offered on the Site that Customer is authorized to use.  You represent and warrant that (i) the credit card or other payment information you supply to use is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes (if any). Customer’s credit card will not be charged for a Product until the time of shipment.

6. Shipping. In submitting an order for a Product, Customer will have options for shipping, and unless otherwise provided expressly on the Site, Customer will be charged for shipping as set forth on the Site.  All risk of loss to a Product being shipped by Seller transfers to Customer upon actual delivery to Customer. Any dates posted on the Site for shipping or receiving a Product are only estimates and Seller is not responsible for any failure to ship such Product, or any failure of Customer to receive such Product, on or before such dates.

7. Return Policy. Customer may only return a Product in accordance with the Limited Warranty. Additional instructions for returning a Product will be provided to Customer along with the Product or can be found at www.greenlife-cookware.com

8. Limited Warranty. The limited warranty applicable to the Product can be found at www.greenlife-cookware.com (the “Limited Warranty”). THE LIMITED WARRANTY INCLUDES YOUR SOLE AND EXCLUSIVE REMEDIES FOR A BREACH OF THE LIMITED WARRANTY. SELLER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THE LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.

9. Account. In submitting an order through the Site for a Product, Customer may establish an account with Seller that is accessible using a user name and password chosen by Customer. Customer’s user name and password must comply with whatever protocol is from time to time established by Seller for user names and passwords, and must not be disclosed by Customer to third parties. Customer (a) is responsible for maintaining the confidentiality of Customer’s user name and password, and (b) must immediately notify Seller in writing of any loss, or any unauthorized access, disclosure or use, of Customer’s user name or password. Seller will not have any liability to Customer or any third party arising from Customer’s failure to keep Customer’s user name or password confidential and may at any time, in its sole discretion and without notice to Customer, terminate or temporarily disable Customer’s access to such account. In addition, Seller may rely on any use of Customer’s user name or password, whether by Customer or any third party, as having been authorized by Customer, unless (a) Customer previously notified Seller in writing of any loss, or any unauthorized access, disclosure or use, of Customer’s user name or password, (b) Seller has had a reasonable opportunity of not less than five days to act on such notice and (c) Seller’s acting on such notice would have clearly avoided any third-party use of such account that was not authorized by Customer.

10. Taxes. All sales and use taxes, plus any other federal, state, county or local duty, surcharge, tax, tariff or other government-imposed fee (except for any tax on the income of Seller) assessed or payable upon an order for a Product or otherwise relating to these Terms shall be payable by Customer, even if such government-imposed fee is not collected by Seller at the time an order for a Product is submitted to Seller.

11. Limitation of Liability. THE REMEDIES DESCRIBED IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES AGAINST SELLER. SELLER WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO A PRODUCT, THESE TERMS OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY SELLER, IN NO EVENT WILL ANY LIABILITY OF SELLER WITH RESPECT TO PRODUCT, THESE TERMS OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY CUSTOMER OR (B) THE ACTUAL AMOUNT PAID BY CUSTOMER TO SELLER FOR A PRODUCT (NOT INCLUDING ANY CHARGES FOR SHIPPING). THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY SELLER, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. Severability. Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these Terms, being prohibited or invalid.

13. Governing Law. All matters arising out of or related to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

14. Dispute Resolution.
(a) YOU AND THE COOKWARE COMPANY (USA), LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND SELLER ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 14. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Seller will be responsible for the AAA filing fee of any such proceeding.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small claims court rather than arbitration, if you provide Seller with written notice of your intention to do so within 60 days of your purchase. The small claims court proceeding will be limited solely to your individual dispute or controversy.

(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COOKWARE COMPANY (USA), LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(e) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Notices. Customer must send all notices to Seller relating to a Product or these Terms at hello@greenlife-cookware.com.

15. Any such notice will be effective upon actual receipt by Seller. Seller may send notices to Customer through e-mail, regular mail or a general posting on the Site. Any such notice will be effective (a) immediately upon Seller’s sending such notice to the address it has in its records for Customer in the case of e-mail, (b) five days after Seller’s sending such notice to the address it has in its records for Customer in the case of regular mail, and (c) immediately upon Customer’s entering the Site after such notice is posted on the Site.

16. Waivers. No failure of Seller to exercise, and no delay by Seller in exercising, any right or remedy under these Terms shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by Seller, and specifically referring to each such right or remedy being waived.

17. Third-Party Beneficiaries. There are no third-party beneficiaries of these Terms, and no provision of these Terms can be enforced or relied upon by any third party.

18. Miscellaneous. These Terms (a) inure to the benefit of, and is binding upon, Customer and Seller and each of Customer’s and Seller’s successors and assignees, except that Customer may not assign any of Customer’s rights or obligations under these Terms without first obtaining the written consent of Seller, and (b) constitute the entire agreement between Customer and Seller with respect to the subject matter of these Terms, and supersede all prior oral and written proposals, representations, understandings and agreements. Any attempt by Customer to assign to a third party any right or remedy hereunder will be null and of no effect. Seller may, in its sole discretion, assign or otherwise transfer to a third party (including, but not limited to, an affiliate of Seller) these Terms or any order for a Product. To the extent there is any conflict or inconsistency between any provision of these Terms and any provision contained on the Site (not including the Privacy Policy or Terms of Use), the former will control.