Terms and Conditions
Welcome to www.nuwavecookingclub.com! If you continue to
browse our site, you hereby agree to be bound by the TERMS AND CONDITIONS as outlined below. If you disagree with any part of these TERMS AND CONDITIONS,
please do not use our website.
The terms “us”, “our” and “we” used in the TERMS AND CONDITIONS reference IBC-Hearthware, Inc. and the owner/operator of this website. The terms “you”,
“yourself” and “your” reference the registrant and/or the user of the website.
By using and/or registering as a member of the website you agree to comply with and be bound by the TERMS AND CONDITIONS as set forth herein. To obtain
membership status and access to certain portions of the website, you will be asked to register with the NuWave Cooking Club. You will be asked to register
by providing your name, email address, oven serial number, and to select a password and user ID. If you seek to register for a seven (7) day guest pass, you
may be asked to provide similar information. Under the TERMS AND CONDITIONS you agree to provide accurate and truthful registration information, and further
agree to refrain from registering under the name of anyone other than yourself. You agree to be personally responsible for any and all activities undertaken
on our website with the use of your user ID and password. You agree to hold your user ID and password as confidential.
You agree that you will notify IBC-Hearthware, Inc. immediately in the event that you learn of any unauthorized use of your user ID and password. In
such an event, you agree to email customerservice@hearthware.com or call customer service at
(888) 689-2831.
We provide the website content to you for your personal cooking and informational purposes only. All rights in all material and content on the website are
hereby reserved to IBC-Hearthware, Inc. and its licensors.
We are the owner and/or authorized user of all trademarks, servicemarks, design marks, patents, copyrights, database rights and all other intellectual property
appearing on or contained within the website, unless otherwise indicated. Except as provided in the TERMS AND CONDITIONS, use of the website does not grant you any right, title, interest or license to
any such intellectual property you may access herein except as stated above.
You agree that your use of any information or materials on this website is entirely at your own risk. We shall not be liable for any use of information or
materials on this website by yourself, or resulting from your access to the same. You agree to fully indemnify us against any liability to third parties
arising out of your use of the website and/or the website’s content.
You agree that by posting comments, messages and/or otherwise inputting data on this website you are granting IBC-Hearthware, Inc. a royalty-free, perpetual license to use, copy, adapt, publicly display
and/or otherwise transmit the same. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not
limited to rights under copyright, trademark, servicemark, trade dress or patent laws under any relevant jurisdiction. You agree that we do not provide any
warranty or guarantee as to the accuracy, timeliness, safety or suitability of comments, messages or other data input onto the website by other members and/or guest members to the website. You acknowledge that such information and materials may contain inaccuracies and/or errors and agree that we shall not be held liable for such inaccuracies
or errors.
You are responsible for any and all comments, messages or other data that is input to the website through the use of your account. You agree not to post any
comment, message, or other data that you know to be false. You agree not to post any comment, message, or other data that is libelous, defamatory, or
harassing. You agree not to post any comment, message, or other data that infringes upon any trademark, servicemark, trade dress, copyright, patent, or
trade secret of which you are not the owner. You agree not to post any comment, message or other data that is obscene, pornographic, or otherwise
objectionable to the viewing public. You agree to not knowingly input any content or data exposing the website or its users to any virus or other form of
malicious computer programming/software. We reserve the right, but do not assume the obligation, to discontinue, modify or restrict any user’s access to the
website in the event that we deem them to have violated the TERMS AND CONDITIONS.
We do not guarantee that our website is free of viruses or other malicious computer programming/software. We do not guarantee that content on our website is
error-free or that the website is secure.
You agree not take any legal action against us that relates to or arises out of any of our websites without first engaging in formal dispute
resolution efforts, to include the following: (1) mailing to our office, via certified mail, a complete written description of the facts and law upon which you base your claim, addressed to Legal
Department, IBC-Hearthware, Inc., 1795 North Butterfield Road, Libertyville, Illinois, 60048-1212; and (2) engage in good faith negotiations toward dispute resolution with us for not less than 30 days
from the postage date of such mailing.
Your use of the website, interpretation of these TERMS AND CONDITIONS, and any dispute arising from the same is subject to the laws of the State of Illinois and of the United States. You agree to conform your use of the website with the laws of the State of Illinois and of the United States, and consent to
exclusive jurisdiction of the state and federal courts in Illinois, in all disputes arising out of or relating to this agreement or any of
our sites.
In the event that any provision of the TERMS AND CONDITIONS conflicts with the law under which it is to be construed or if
any provision is held invalid by a court with jurisdiction over the parties to the TERMS AND CONDITIONS, such provision will be restated to reflect as nearly as possible the original intentions of the
parties in accordance with applicable law, and the remainder of the TERMS AND CONDITIONS will remain in full force and effect.
Copyright Infringement: DMCA Designated Agent
Pursuant to the Digital Millennium Copyright Act, we have registered a Designated Agent to receive notification of claims of copyright
infringement. To file a copyright infringement notification with us, you must send a written communication to our DMCA Designated Agent:
Joseph Vucko
1795 North Butterfield Road
Libertyville, Illinois 60048-1212
Fax: (847) 775-8131
To be effective, any notice of copyright infringement must comply with the requirements as outlined by the statute 17 U.S.C.
Section 512(c)(3).