Jarden Store Terms of Service

Related Information

VillaWare Privacy Policy

Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using the JardenStore.com website (the "Site"), which are made available to you ("You") by Jarden Direct, Inc., a Jarden company ("Jarden"). By using the Site or downloading content from the Site, you agree to abide by the terms and conditions set forth in this Agreement. If you do not agree to abide by these terms and conditions do not use the Site or download content from the Site.

Use of Site

Jarden authorizes you to access and use this Site, subject to the terms and conditions of these Terms of Service. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time. Jarden does not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control.

Intellectual Property Rights

The Site, including all information available at the Site ("Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights under the law.

ChefMaker, FoodSaver, FoodSaver Center, FreshSaver, FreshFilter, GameSaver, ProduceKeeper, Jarden, VacLoc, VacuTop and the Jarden logo are trademarks or registered trademarks of Jarden International, Inc. in the United States and other countries, and are used with permission.

Al Dente, BeeBo, Bravo, Croque Monsieur, Full-Grip, Grand Wrap InterBake3, Junior, Kontessa, Krumkake, MAXI, Mezza-Chop, Micro-Pore, Minnie, Moka, Musa, One-Pot, Pasta-Presto, Poco, Porkert, PowerGrinder, Prego, Prima, ProGrinder, ProPress, Quattro, Sear-Top, Smoothe, Smoothee-Bar, Spremy, Steam Guard, UNO, Victorio, VillaClassic, VillaWare and WaffleTone are trademarks or registered trademarks of Jarden International, Inc. in the United States and other countries, and are used with permission. BICYCLE®, BEE®, AVIATOR®, HOYLE®, CLUB SPECIAL®, the Rider Back Design, the Diamond Back Design, the Goddess of Liberty, and other brand names, card back designs and designs of Aces and Jokers used on this site are registered trademarks of The United States Playing Card Company in the United States and other countries, and are used with permission.

Tilia International, Inc., The United States Playing Card Company, Loew Cornell and Jarden Home Brands are Jarden companies. All other trademarks or registered trademarks mentioned in this Site are properties of their respective owners.

Jarden authorizes you to view and download the Content only for your personal, non-commercial use, with all other rights reserved. You agree to comply with all applicable laws in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Jarden does not grant any express or implied right to any patents, trademarks, copyrights or trade secret information.

Representations and Warranties

You represent and warrant that You are over the age of majority and can form a legally binding contract under applicable law.
You represent and warrant that You have provided true, accurate, current and complete information about Yourself as prompted by the Jarden checkout form. Your billing address should be the address and phone number Your credit card bank has on file for You.
You represent and warrant that You are not using the Jarden service for any improper purpose, and that You will act in good faith in Your relationships with Jarden.
You represent and warrant that You are buying for Your own use or Your company's use, and not for resale. If You wish to purchase for resale, please contact the respective Jarden company.

Information Provided by You

Jarden does not want You to, and You should not, send any confidential or proprietary information to Jarden via the Site. You agree that any information or materials that You provide to Jarden will not be considered confidential or proprietary. By providing any such information or materials to Jarden, You grant to Jarden an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and You further agree that Jarden is free to use any ideas, concepts or know-how that You or individuals acting on Your behalf provide to Jarden. You further recognize that Jarden does not want You to, and You represent and warrant that You shall not, provide any information or materials to Jarden that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Privacy Policy

Jarden has established a Privacy Policy to explain to its users how their information is collected and used, which You can read by visiting http://www.jardenstore.com/privacy.aspx?bid=19. Your use of the Site signifies acknowledgement of and agreement to Jarden's Privacy Policy. You further acknowledge and agree that Jarden may disclose Your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Jarden, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

If you supply us with your email address online and opt-in on the "My Account" page or supply us with your email address through the call center, you may receive periodic emails from us with information on new products and services or upcoming events. Any person receiving an email from FoodSaver/VillaWare, The United States Playing Card Company, Loew Cornell and Jarden Home Brands has the opportunity to opt out of receiving future emails, simply by following the opt-out instructions provided in the message.

Orders, Payment Terms and Returns

Terms of payment are within Jarden's sole discretion, and unless otherwise agreed by Jarden, payment must be received by Jarden prior to Jarden's acceptance of an order. You agree that Your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Jarden may accept payment via Visa, MasterCard, American Express and Discover. Orders are not binding until the order is accepted by Jarden. Jarden may need to verify any information You provide before Jarden accepts an order, and may cancel an order any time after it has been placed. Jarden expressly conditions it acceptance of Your order on Your agreement to these Terms of Service.

Merchandise purchased on the Site may be returned within 60 days of purchase with original receipt. Refunds are issued in the same tender as the original purchase. Jarden will not reimburse for shipping and handling charges. For return instructions and the return address, please call our Customer Service Department at 1-800-777-5452.

Shipping

Unless otherwise noted, Jarden will make best efforts to ship merchandise within 10 - 15 business days of the receipt of a properly completed order. For further information, please see our shipping policy, which may change from time to time.

Pricing and Sales Tax

Prices are subject to change. Despite our best efforts, a small number of the items in our catalog may be mispriced. If a discrepancy arises between the price quoted on the Site and the check out page, the later will prevail. In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Jarden shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Jarden shall have the right to refuse or cancel any such orders whether or not an order confirmation has been sent and/or payment has been made. If payment has already been made and Your order is canceled, Jarden shall refund the amount of the incorrect price in the same tender as the original purchase.

Jarden shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and Pennsylvania. You are solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Disclaimer of Warranties

THE CONTENT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. JARDEN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. JARDEN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. JARDEN MAY MAKE ANY OTHER CHANGES TO THE SITE, THE CONTENT AND THE PRODUCTS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THE SITE, THE INFORMATION AND CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The FoodSaver/VillaWare, The United States Playing Card Company, Loew Cornell and Jarden Home Brands products sold on this Site have a limited warranty from the manufacturer. Please print and retain Your online purchase confirmation as proof of the purchase. Read the complete warranty statement included with Your machine.

Limitation of Liability

IN NO EVENT SHALL JARDEN BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISEOUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF JARDEN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes to these Terms of Service

Jarden reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service in whole or in part, at any time. Changes in these Terms of Service will be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms of Service are posted will be considered acceptance of those changes. You should periodically visit this page to determine the then current Agreement.

Jarden may terminate, change, suspend or discontinue any aspect of the Jarden Site, including the availability of any features of the Site, at any time. Jarden may also impose limits on certain features and services or restrict Your access to parts or the entire Site without notice or liability. Should You object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Jarden in any way, Your only recourse is to immediately: (1) discontinue use of jardenstore.com site; (2) terminate Your registration; and (3) notify Jarden of termination.

International Users

These Site are controlled, operated and administered by Jarden from its offices within the United States of America, is intended for residents of the United States and its territories.

Choice of Law and Forum; Arbitration

These Terms of Service shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Service shall be filed in a court of competent jurisdiction sitting in San Francisco County, California. Both parties consent to exclusive jurisdiction in that county, provided, however that either party may elect to settle any litigation in any way arising out of or relating to these Terms of Service by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. If elected, such arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Except as explicitly stated otherwise, notice to Jarden shall be given by postal mail to Jarden Store, Inc. P.O. Box 194530 San Francisco, CA 94119-4530, and notice to You shall be given by an e-mail sent to the address You provided during the checkout process. In addition, Jarden may give You notice by certified mail to the postal address provided during the checkout process. Postal notice shall be deemed given 3 days after the date of mailing. E-mail notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

These Terms of Service constitutes the entire agreement between Jarden and You with respect to Your use of the Site. Any cause of action You may have with respect to Your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect.