IMPORTANT – THIS WEBSITE (“SITE”) IS OPERATED BY VORWERK, LLC.  THIS IS A LEGAL AGREEMENT BETWEEN YOU (REFERENCED HEREIN AS “YOU” OR “USER” OR WITH “YOUR”) AND VORWERK, LLC (REFERENCED HEREIN AS VORWERK” OR “WE OR WITH “OUR”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE THERMOMIX WEBSITE https://thermomix.com.  YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “AGREEMENT”) AS THEY GOVERN YOUR ACCESS AND USE OF THE AVAILABLE INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS PROVIDED THROUGH THE THERMOMIX WEBSITE https://thermomix.com (collectively, as referenced herein, the or this “SITE”).  VORKWERK IS WILLING TO LICENSE THE USE OF THIS SITE AND PROVIDE THE RELATED INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.  IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

LICENSE GRANT

This Agreement provides you with a revocable, limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Site solely for your personal use and conditioned at all times on compliance with the terms and conditions of this Agreement. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

LICENSE RESTRICTIONS

The foregoing license is limited.  You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Site (or any part thereof) in any manner not expressly permitted by this Agreement; (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Site (or any part thereof); (3) access, link to, or use any source code from the Site (or any part thereof);or (4) erase or remove any proprietary or intellectual property notice contained in or on the Site (or any part thereof).  In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.

USE OF THE WEBSITE

Subject to Vorwerk’s right to monitor or audit compliance, you acknowledge that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement.  By accessing or using the Site, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Site.  In addition, you agree to assume all responsibility for your use, and the results of your use, of the Site, including meeting any requirements of your contracts with third parties or other persons.

You further represent that Vorwerk has the right to rely upon all information provided to Vorwerk by you, and, with the information you provide, Vorwerk may contact you by email, telephone or postal mail for any lawful purpose, which may include (1) follow-up calls, (2) customer satisfaction surveys, and (3) inquiries about any orders you placed, or considered placing, at or through the Site.  If you provide any false, inaccurate, untrue, or incomplete information, Vorwerk reserves the right to terminate immediately your access to and use of the Site and take other measures available under law, by contract, or in equity.

OTHER TERMS AND CONDITIONS

Additional notices, terms, and conditions may apply to the purchase of a Thermomix, Vorwerk (or its affiliate(s), or third party products or services (if offered by Vorwerk) or the establishment of a Thermomix business opportunity.  You agree to abide by such other notices, terms, and conditions, as applicable.  If there is a conflict between this Agreement and such other notices, terms, and conditions, Thermomix shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to a purchase or business opportunity.

PRIVACY

Please see Vorwerk’s Privacy Policy for a summary of Vorwerk’s personally identifiable information collection and use practices for this Site.

PROPRIETARY RIGHTS

The contents of the Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by Vorwerk, LLC or its licensors. Any rights granted hereby are expressly licensed. Vorwerk does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site and Material are Copyright ©2015 Vorwerk, LLC and/or its licensors. All other rights reserved. You must not alter, delete or conceal any copyright or other notices contained on the Site or Material. VORWERK, THERMOMIX, and all other names, logos, and icons identifying Vorwerk and its products and services are proprietary trademarks of Vorwerk (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Vorwerk, is strictly prohibited. Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners.

REPRESENTATIONS AND WARRANTIES

You represent to Vorwerk that (1) you are at least the legal age of majority; (2) you are authorized to enter into this Agreement; (3) you will not use the Site for any purpose or in any manner that violates any law or regulation or that infringes the rights of Vorwerk or any third party; (4) any information or data provided to Vorwerk by you will not violate any law or regulation or infringe the rights of Vorwerk or any third party; (5) all information that you provide to us in connection with the Site (e.g., name, email address, and/or other information requested on a registration or submission form) is complete, true, and accurate; and (6) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

WARRANTY DISCLAIMERS

THE SITE AND MATERIALS ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” VORWERK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SITE OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. VORWERK DOES NOT REPRESENT OR WARRANT THAT THE SITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. VORWERK HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VORWERK OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

LIMITATION OF LIABILITY

Vorwerk shall have no responsibility to provide you access to the Site. You further acknowledge and agree that Vorwerk shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from a cause beyond Vorwerk’s control, including, but not limited to, offers or promotions made available on the Site, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL VORWERK NOR ANY OF ITS SUBSIDIARIES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF VORWERK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, TOTAL LIABLITY OF VORWERK FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, RESULTS FROM USE OF THE SITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO VORWERK FOR ANY PRODUCT OR SERVICE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.

INDEMNIFICATION

You agree to release, discharge, defend, indemnify and hold harmless Vorwerk and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Site (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith.

GOVERNING LAW

This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of California, as applied to agreements entered into and completely performed in the State of California without regard to conflicts of laws rules. In the event, and for whatever reason, should the arbitration clause below be inapplicable, then you consent to the jurisdiction of the federal or state courts located in the State of California for purposes of any suit, action or proceeding arising out of these Terms. In addition, you acknowledge that any breach, threatened or actual, of this Agreement, which constitutes an unauthorized use of Vorwerk proprietary assets or information, will cause irreparable injury to Vorwerk, such injury would not be quantifiable in monetary damages, and Vorwerk would not have an adequate remedy at law. You therefore agree that Vorwerk shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Vorwerk post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Vorwerk to enforce any provision of this Agreement. Any claim you might have against Vorwerk must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact Vorwerk if you wish to receive a printed copy of this Agreement. If any part of this Site is contrary to the laws of the jurisdiction from where you are when you access it, the Site is therefore not intended for you, and we require that you not use the Site. Those who choose to access this Site from outside the United States do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

BINDING ARBITRATION

ANY CLAIM OR DISPUTE RELATING THIS AGREEMENT SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with this Agreement, Agreement shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Los Angeles, California. California state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator(s) shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ARISING OUT OF THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF THE SITE ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU FURTHER UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT, YOU MAY ONLY BRING CLAIMS AGAINST VORWERK IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

ENFORCEMENT

You have no reasonable expectation of privacy while using the Site because Vorwerk reserves the right to view, monitor, and/or record activity on the Site (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Site may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Vorwerk for use of or with the Site.

SITE MODIFICATIONS

We reserve the right at any time, and without notice to you or any third party, to modify, suspend or discontinue any part of the Site. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

LINKS TO OTHER SITES

The Site may include links to third-party websites, including, without limitation, third party distributors. Vorwerk is not responsible for examining or evaluating the content, accuracy, or privacy policies of any third party linked site or any link contained in a third party linked site. Vorwerk expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, and the inclusion of a third-party link on the Site does not imply our endorsement of those third party companies or products. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

MOBILE SERVICES

The Site may offer certain tools or content that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services shall be in accordance with this Agreement.

NOTICE AND TAKE-DOWN PROCEDURES; COPYRIGHT AGENT

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to Vorwerk by providing the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
  • Identification or description of where the material that you claim is infringing is located on the Site, with enough detail that Vorwerk may find it on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: emailing to: legal@thermomix.com

TERM & TERMINATION

This Agreement will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. Vorwerk reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Site, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Site will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning Vorwerk’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, waiver and severability, entire agreement, and governing law will survive the termination of this Agreement for any reason.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions, namely, comments or suggestions, feedback, or other materials regarding the Site or a Vorwerk product or service through the Site (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such feedback that you forward to us. Vorwerk is not and shall be under no obligation (1) to maintain any feedback in confidence; (2) to pay compensation for any feedback; or (3) to respond to any feedback. By transmitting any feedback to Vorwerk, you further represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third-party (including, without limitation, copyright, trademark, privacy, personality or other personal or proprietary right) and that you have all rights necessary to convey such feedback to Vorwerk. In addition, any feedback received by Vorwerk will be deemed to include from you a perpetual, non-exclusive, irrevocable, transferable, royalty-free right and license for Vorwerk to adopt, use, copy, print, display, reproduce, modify, publish, post, disseminate, transmit, distribute, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary.

GENERAL

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. This Agreement set forth the entire agreement between you and us in connection with your use of the Site. The relationship between you and Vorwerk is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Vorwerk’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, Vorwerk may assign this Agreement in whole or in part. Moreover, Vorwerk may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. This Agreement and Vorwerk’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Vorwerk with respect to the subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Vorwerk with respect to the Site. Please note that Vorwerk reserves the right to change the terms and conditions of this Agreement and by which the Site is extended to you by providing you in writing or electronically a copy of such revised terms or posting notice thereof to the Site. Your continued use of the Site following any such change to such Site will be deemed acceptance to be bound by any such change to this Agreement or the Site.

Contact Information

Questions about the Terms should be sent to us at legal@thermomix.com

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