Terms of Use

Revised October 6, 2014

The Web address, www.pamperedchef.com, is operated by The Pampered Chef, Ltd. and its affiliates (collectively TPC or The Pampered Chef) (referred to as "we", "us" and "our"). This Legal Notice applies to The Pampered Chef Website, including official corporate websites, Consultants' personal websites and the Consultant–only part of the Website, known as Consultant's Corner, which are all collectively referred to as the "Website". The Website is subject to the following terms and conditions, which set forth the legally binding terms for your use of the Website.

Your Consent

By using the Website, you agree to these Terms of Use (the Agreement). Please read this Agreement carefully and save it. If you do not agree to these terms, do not use this website.

We reserve the right to modify or otherwise update this Agreement at any time by posting the modified version on our Website and revising the effective date. Such changes will automatically be effective upon posting on our Website, and you agree to be bound by such modifications, updates and revisions. You should visit this page from time to time to review the current terms.

To obtain information about our privacy practices, please see our Privacy Policy, which is incorporated by reference.

Corrections

The Pampered Chef reserves the right: (a) to correct any errors, inaccuracies or omissions; (b) to change product or service descriptions, images and references; (c) to limit the available quantity of any product or service; (d) to update information at any time with or without notice; (e) to prevent or prohibit any person, user or customer from making any or all Transaction(s); and/or (f) to refuse to provide any person, user or customer with any product. Prices and availability of any product offered through the website are subject to change without notice, and The Pampered Chef shall not be responsible for errors in the prices or descriptions of such products. Refunds and exchanges will be subject to The Pampered Chef's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Product images and pricing may vary outside the U.S.

Copyright

All content provided on the Website, such as text, graphics, images, etc., as well as collection, arrangement and assembly of all content on this Website is our exclusive property and is protected by US and international copyright laws. Except as stated herein or authorized in writing by the Company, no material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Website is strictly prohibited.

Trademarks

The trademarks, service marks, trade dress and logos ("Trademarks") used and displayed on this Website are Trademarks used under license. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Website and no such right is granted by your use of this Website. The Trademarks on this Website may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Use of Website

This Website, or any portion of this Website, may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that customer conduct violates applicable law or is harmful to our interests.

User Submissions

We are always pleased to receive your comments, suggestions and ideas regarding Pampered Chef products, this Website and other services we provide. We are continuously working on new product ideas for our product pipeline. Many products we develop are in our pipeline for years so a concept or idea you may provide, we might already be developing or considering. If you submit comments, suggestions, ideas, notes, drawings, concepts or other materials or information (collectively "Submissions"), about products or any other services we provide or about anything else, you grant and assign to us, by so submitting, a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, edit, make derivative works from and sell, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any purpose whatsoever, without restriction and without compensating you in any way. This includes, but is not limited to, any confidential information or any original creative materials such as stories, recipes, product ideas, computer codes or original artwork. We may post your feedback on the Website and we reserve the right (but not the obligation) to monitor, edit and remove any Submission. When you send a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, that it does not infringe upon the rights of any third party or company and that use of the content in your Submission does not violate this agreement and will not cause financial injury to any person or entity. You may choose at any time not to provide personally identifiable information, although this may restrict our ability to provide requested services or information. If we receive a Submission that contains personally identifying information, such as a name, address and/or telephone number, our Privacy Policy will govern how we use or disclose this information. Please refer to our Privacy Policy for further information.

Linking

Links to third party websites may be provided on this Website. We have not reviewed all linked third party sites. We do not control and are not responsible for any of these websites and their content. We do not endorse or make any representations about such sites or any information or materials found there or any results that may be obtained from using them. Since we do not control these websites, we assume no responsibility for the privacy practices of such websites. We encourage you to review the privacy policies and terms of use posted on those, and all, third party websites.

Indemnification

You agree to defend, indemnify and hold harmless The Pampered Chef, its affiliates, and its directors, officers, managers, employees, agents, consultant sales field and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or other applicable agreements between us. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall cooperate as reasonably requested by us.

Disclaimer and Limitation of Liability

This Website is provided "as is" and without express or implied warranties of any kind, including without limitation, the implied warranties of merchantability, fitness for any particular purpose or non-infringement. We do not represent or warrant that this Website will be uninterrupted or error free. In no event will we be liable for any damage or cause of any kind based upon or resulting from any use or inability to use this Site. You acknowledge, by your use of this Website, that your use is at your sole risk. To the extent your jurisdiction does not allow the exclusion or limitation of certain warranties, the scope and duration of such warranty in these jurisdictions and the extent of any of our liability will be the minimum permitted under such law.

Applicable Law

This Site is created and controlled by The Pampered Chef, Ltd. in the State of Illinois, USA. The laws of the State of Illinois govern these terms and conditions, without giving effect to any principles of conflicts of laws. We make no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute the entire agreement between The Pampered Chef and Website visitors with respect to the Website.

Our Address

The Pampered Chef, Ltd.
One Pampered Chef Lane
Addison, Illinois 60101-5630 U.S.A.

Mobile Terms & Conditions

By “Opting-In” to or using “Text Message Service” (both terms defined below), you accept these Mobile Terms & Conditions and agree to resolve disputes with Pampered Chef through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as described in the “Disputes” section below.

Definitions

“Text Message Service” includes any arrangement or situation in which Pampered Chef sends (or indicates it may send, or receives a request to send) one or more text messages. For example, Pampered Chef Consultant Alerts.

“Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to enrolling in, signing up for acknowledging, or otherwise consenting to receive one or more text messages.

“Pampered Chef” means The Pampered Chef, Ltd. or any of its subsidiaries or affiliates.

Opting In

Text JOIN to 42949 to receive texts from Pampered Chef.

By signing up to use Pampered Chef Consultant Alerts, you authorize Pampered Chef to send you text messages to your mobile phone/device regarding various alerts and events. Message frequency varies, but a maximum limit of 5 messages per week. You also authorize Pampered Chef to include marketing content in any such messages. You confirm that you are the subscriber to the relevant phone number of that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In. You understand and agree that the text messages sent to your mobile phone/device may be generated using automated technology. You consent to the use of an electronic record to document your Opt-In.

About the Text Message Service and Opting-Out

Message and data rates may apply. Reply STOP to cancel or reply HELP for info. By signing up, you consent that following such a request to Opt-Out, you will receive one (1) final message from Pampered Chef confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-Opt-In. All charges are billed by and payable to your mobile service provider. Pampered Chef may terminate any Text Message Service or your participation in it any time with or without notice, including, for example before you have received any or all messages you would otherwise have received, but these Mobile Terms & Conditions still will apply. Pampered Chef does not charge you for sending or receiving text messages to or from 42949. By signing up for Pampered Chef texts, you agree that the collection and processing of your personal data will be in compliance with the Pampered Chef Privacy Policy. For questions or help, please call Pampered Chef Customer Service at 1-888-687-2433 or email us at Solution_Center@pamperedchef.com

Disputes

Any dispute or claim arising out of or relating in any way to a Text Message Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF ILLINOIS), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST BEST BUY ARISING OUT OF OR RELATING IN ANY WAY TO ANY PAMPERED CHEF TEXT MESSAGE SERVICE.

Mobile Carriers

Supported carriers include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missouri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless).