ATTENTION: PLEASE READ THIS TERMS OF USE AGREEMENT ("Terms") CAREFULLY BEFORE USING THIS CORELLE BRANDS LLC ("Corelle Brands") WEBSITE. BY USING THIS WEBSITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Instant Brands reserves the right to modify from time to time any content set forth on this website, including the provisions of these Terms, without notice. Please check these Terms and Instant Brand's Privacy Policy periodically for changes. Your continued use of this website will mean you accept these changes. Instant Brands reserves the right to modify, suspend, terminate, or restrict your use of any portion of this website at any time, without notice.
INTRODUCTION
This website has been developed by Instant Brands to provide you with information about Instant Brands' products and services. This website may from time to time provide new information or data, but otherwise it is an archive of materials for your use. Like any printed material, the information and data on this website may become out of date over time.
WARRANTY
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
LIMITATIONS ON USE OF INTELLECTUAL PROPERTY
Instant Brands will aggressively enforce its intellectual property rights to the fullest extent of the law.
COPYRIGHT
Instant Brands either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content (collectively, the "Content") that is made available to you on this website, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this website. Except as provided in these Terms, Instant Brands prohibits the copying, redistribution, modification or public display of any Content on this website without its express written permission. Instant Brands hereby authorizes you to display on your computer, download and print pages of this website, subject to the following provisions: (i) the copyright and other proprietary notices appear on all such printouts; (ii) the information will not be altered in any manner; (iii) you do not use the Content in a manner that suggests an association with Instant Brands or any of Instant Brands' products, services or brands; (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this website and (v) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or other intellectual property right of Instant Brands or any third party.
TRADEMARK
The trademarks, logos, and service marks identified by ® , ™ or SM symbols, or that appear in type form different from that of the surrounding text, are listed on Exhibit A. These trademarks, logos and service marks are owned or licensed by Instant Brands. Instant Brands claims neither ownership in, nor any affiliation with, any third-party trademarks appearing on this website. Such third-party trademarks are used only to identify their respective owners, and no sponsorship or endorsement on the part of Instant Brands should be inferred from the use of these marks.
PRICING AND AVAILABILITY
Pricing and availability of products on this website are subject to change without notice.
CORRECTION OF PRICING AND RELATED PRODUCT INFORMATION
This website may contain pricing information on certain Instant Brands or other products. While Instant Brands strives to provide accurate pricing and other product information, errors may occur from time to time. Instant Brands reserves the right to correct any errors, inaccuracies or omissions, and to change or update information (including, without limitation, information related to pricing, availability and product descriptions), at any time without notice (including, without limitation, after a consumer may have submitted an order and received confirmation from us). In the event that an item is listed at an incorrect price or with other incorrect information, Instant Brands shall have the right, in its sole discretion, to refuse, cancel or revoke any order placed for that item, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for any order subsequently cancelled, Instant Brands will issue a credit to your credit card. We apologize for any inconvenience this may cause you.
USER INFORMATION AND POSTINGS
For an explanation of the practices and policies of Instant Brands related to the collection, use and storage of our users' information, please read our Privacy Policy. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any applicable law. By placing material on or communicating with this website, you hereby grant to Instant Brands the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold Instant Brands harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant Instant Brands the right to use your name in connection with the reproduction or distribution of such material.
PROHIBITED ACTIVITIES AND CONTENT
The following is a partial list of the kinds of activities and content that are prohibited on or through this website: (a) submitting content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting content that could be harmful to minors; (c) engaging in activities or submitting content that harasses or advocates harassment of another person; (d) engaging in activities that involve the transmission of "junk mail" or unsolicited mass mailing or "spam"; (e) engaging in activities, or submitting content, or promoting information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting content that contains restricted or password only access pages, or hidden pages or images; (g) submitting content that displays pornographic or sexually explicit material of any kind; (h) submitting content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting content that solicits passwords or personally identifiable information for commercial or unlawful purposes from other users; and (j) engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes. You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy web pages of this website or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of this website; and (c) take any action that imposes an unreasonable or disproportionately large load on Instant Brands' hardware and software infrastructure. Instant Brands does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print Media. Instant Brands shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to this website.
EXTERNAL LINKS
Instant Brands may provide links to third party websites, and some of the content appearing to be on a Corelle Brands website may, in fact, be supplied by third parties. Instant Brands assumes no liability for any damages you may suffer from visiting such linked websites (or, as noted in “Limitation of Liability” below, from visiting this website), including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code that may be downloaded from such linked websites. Any links contained on this website shall not be construed as an endorsement by Instant Brands of any such linked website. Instant Brands has not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit an inaccurate, indecent or illegal website that is linked to this website, please contact support.au@instantbrands.com and we will determine if the link should be removed from this website. You may not provide a link to this website without our express written permission. If you would like to provide a link to this website, please contact support.au@instantbrands.com.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
It is Instant Brands' policy to respond to claims of intellectual property infringement. Instant Brands will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, if you believe that content appearing on this website infringes any copyright rights, please send a notification of copyright infringement to Instant Brands' Designated Agent for this website: support.au@instantbrands.com. To be effective, the notification must be a written communication that includes the following:DISCLAIMER
THE CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Although Instant Brands uses reasonable efforts to maintain the accuracy and currency of the Content of this website, Instant Brands makes no warranties or representations as to its accuracy or currency. This website may contain typographical errors and technical inaccuracies. Instant Brands assumes no liability or responsibility for any errors or omissions in the Content of this website.
Although Instant Brands uses reasonable efforts to ensure that all software provided at this website is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. Instant Brands may update and/or modify the information contained on this website at any time and without notice.
FORWARD-LOOKING STATEMENTS
This website may contain forward-looking statements that reflect Instant Brands' current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current programs, ongoing commercialization of products, regulatory approvals of products, validity and enforcement of patents, the stability of its commercial relationships, and the general economic conditions.
LIMITATION OF LIABILITY
IN NO EVENT WILL CORELLE BRANDS, ITS AFFILIATES, AGENTS OR OTHER THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM (i) COMPUTER VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE/DISRUPTIVE CODE WHICH MAY BE DOWNLOADED FROM THIS WEBSITE OR ANY LINKED WEBSITES, AND (ii) LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER OR NOT BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. BY USING THIS WEBSITE, YOU HEREBY RELEASE CORELLE BRANDS, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS FROM ANY AND ALL CLAIMS, DAMAGES OR LOSSES OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEBSITE. This section does not apply to New Jersey residents.
GENERAL
If you breach any of these Terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed Content. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of this website must be filed within one (1) year after such claim or cause of action arises, or forever be barred. If any provision of these Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions. These terms are governed by and construed in accordance with the laws of the State of Illinois and the laws of the United States of America applicable therein without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms and/or your use of this website or any products or services sold or distributed by or through this Website, 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 the Terms of Use. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. By using this website, you agree to be bound by these Terms and consent to the collection, use and storage of your information by Instant Brands in the manner described in our Privacy Policy. Instant Brands reserves the right to make changes to these Terms and our Privacy Policy from time to time. When using this website, you should review the current Terms and Privacy Policy to determine if they have been amended since your last visit. Last updated on: August, 2016
EXHIBIT A – TRADEMARKS
THE FOLLOWING TRADEMARKS ARE REGISTERED TO CORNING INCORPORATED UNDER LICENSE TO CORELLE BRANDS LLC
| CORNINGWARE | CW BY CORNINGWARE | OUR BOWLS AND PLATES ARE MADE WITH PRIDE (STYLIZED) |
| PYROCERAM | PYREX | PYREX SINCE 1915 100 (AND DESIGN |
| PYREX PORTABLES | SINCE 1958 CORNINGWARE |
| EKCO | EKCO & DESIGN |
THE FOLLOWING ARE REGISTERED TRADEMARKS OF OLFA CORPORATION UNDER LICENSE TO CORELLE BRANDS LLC
| OLFA | TOUCH-KNIFE |
THE FOLLOWING ARE TRADEMARKS OF CORELLE BRANDS. HOLDING COMPANY, INC
| ASHLAND | AVONDALE | BAKE, SERVE, STORE (AND DESIGN) |
| BAKER’S SECRET | BELDEN | BELMONT |
| BOUTIQUE | CHICAGO CUTLERY | CHICAGO CUTLERY (AND DESIGN) |
| CHUTNEY | CORELLE | CORELLE COORDINATES |
| DAMEN | DESIGNPRO | DURABLE & LONG LASTING |
| DURABLE BY DESIGN | EASY GRAB | EASY STORE |
| ELSTON | ENDURING ELEGANCE | ENGINEERED FOR DURABILITY, DESIGNED FOR STYLE |
| ENTERTAIN-A-BOWLS | ETCH | FLUTED MUG DESIGN |
| FROSTED ADVANTAGE | HAND SAVER | INSIGNIA STEEL CAFÉ |
| KINZIE | LIVINGWARE | MAGNALITE CLASSIC |
| MAGNASTRIP | MULTI GRAB | NO-LEAK LIDS |
| OLO | PAO (STYLIZED) | PARTOKU |
| PREMIUM GLASS LIDS | PORTABLES | PORTABLES & DESIGN |
| PRODUCE KEEPER TRAY | PROHOLD | REVERE |
| REVEREWARE & DESIGN | QUIET CLOSE | RAVENSWOOD |
| SIMPLYLITE | SIMPLY STORE | SMART ESSENTIALS |
| SQUARELY STYLISH | STOREDGE | STOVETOP (AND DESIGN) |
| STRENGTH & STYLE, THAT’S THE BEAUTY OF CORELLE | STRONG AND STYLISH (AND DESIGN) | STYLE THAT PERFORMS |
| THE SECRET TO EASY BAKING | VINTAGE CHARM | VITRELLE |
| VIVE | WELLINGTON | WEST TOWN |
| CORELLE BRANDS |
THE FOLLOWING ARE REGISTERED TRADEMARKS OF CORELLE BRANDS (GHC), LLC
| BEST MADE CUTTING TOOLS IN THE WORLD | BIOCURVE | CHICAGO CUTLERY |
| INSIGNIA | INSIGNIA 2 | MAGNALITE |
| MAGNASHARP | METROPOLITAN | PRO-LOAD |
| TAPER GRIND | THE WALNUT TRADITION |
THE FOLLOWING ARE REGISTERED TRADEMARKS OF CORELLE BRANDS LLC
| 1801 REVERE WARE & Design | BAKER'S SECRET | BAKER'S SECRET |
| COLOURS | CORELLE COORDINATES | CORNFLOWER Design |
| FRENCH WHITE | FRENCH WHITE CAST ALUMINUM | FRENCH WHITE FLUTED BOWL DESIGN |
| GRAB-IT | POP-INS | REVERE |
| SAUCEPAN Design | SHADOW IRIS | SKILLET Design |
| STORAGE PLUS | REVERE TRADITIONS | REVERE WARE |
| SAUCEPAN Design | SHADOW IRIS | SKILLET Design |
| STORAGE PLUS | ULTRA MAX | VISIONS |
| WALNUT SIGNATURE | VISIONS | WALNUT SIGNATURE |
