You agree to use the information that is available on our Sites only for your own personal use. You may not make any commercial or other unauthorized use of our interactive features. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.
Users of our Sites agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Users agree not to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized materials, including spam or chain letters, or any material that contains software viruses or any other computer files or programs intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise disrupt the servers or networks connected to our Sites.
Restrictions on Use of Materials
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, design, graphics or other material contained in this Web site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, reproduce, distribute or create derivative works from this Content or otherwise use, transmit, rebroadcast, publish, or distribute in any form this Content without Meyer’s prior, written consent. However, except when noted on our Sites, you may download or duplicate one copy of such Content for personal use only, provided you:
• Keep all copyright and other proprietary notices on every copy you make.
• Understand that we are not transferring ownership of the Content directly or by implication, nor are we granting any license or right to our trademarks, tradenames, or copyrights or other intellectual property, nor to the intellectual property of any other party.
Using any of our Content for a commercial purpose-without our express written consent-violates our and our affiliates’ copyrights and other proprietary rights.
We do not wish to infringe on your copyrights, trademarks, or other property. If you would like to report what you believe may be an infringement or other abuse, please click here.
Pricing and Product Availability
We cannot confirm the price of an item until your order is processed. We do not charge your credit card until your order enters the shipping process. Despite our best efforts, from time to time there may be a mistake in the listed price of a product on www.potsandpans.com. If the correct price of a product is lower than the stated price, we will charge the lower amount to your credit card upon shipment. If the correct price of a product is higher than the stated price, we will either contact you for instructions before fulfilling your order, or we will cancel your order and notify you of such cancellation.
Shipping and delivery dates are based upon the availability and the shipping options you choose. Once your order is placed, we will provide both shipping and delivery date estimates, as well as a tracking number, in the order confirmation e-mail. Please note that Meyer reserves the right to change prices for products displayed on www.potsandpans.com at any time. Meyer is not responsible for typographical errors.
MEYER CORPORATION AND ITS AFOREMENTIONED WEBSITES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT AN EGIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFT CERTIFICATE. 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.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEYER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF MEYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Warranties
While reasonable efforts are made to ensure accuracy, Meyer makes no warranty that this Web site will meet your requirements or that it will be uninterrupted, timely, secure or error-free; nor does Meyer make any warranty as to the results that may be obtained from the use of this Web site or as to the accuracy or reliability of any information obtained through this Web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY STATED OTHERWISE, MEYER PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MEYER OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF MEYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
We are not affiliated or associated with sponsors or producers of Web sites that link to or from our Web site (other than the Meyer Web sites and www.kitchenaidcookware.com). With those exceptions we do not endorse or represent the companies, products, or content to which we link. We reserve the right to terminate any link or linking program at any time.
You agree, at your own expense, to indemnify, defend and hold harmless Meyer, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of a breach by you of this Agreement or in connection with your use of this Web site or any product or service related thereto.
This Agreement and the relationship between you and Meyer will be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement or relating to use of this Web site and the material contained in this Web site will be resolved exclusively in the state or federal courts located in San Francisco, California. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one year after such claim or cause of action arises or will be forever barred.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.
If you have further questions, you may submit your questions at Meyer Customer Support.