Terms of service

EPICUREAN WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE (THESE “TERMS”) AND OUR PRIVACY POLICY (WHICH IS INCORPORATED AND FORMS A PART OF THESE TERMS OF USE) CAREFULLY BECAUSE THEY FORM A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR SITE (THE “AGREEMENT”). BY USING OUR SITE, YOU ARE ACKNOWLEDGING YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO COMPLY WITH AND BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT OR CANNOT AGREE, PLEASE DO NOT USE OUR SITE. IF YOU BECOME A REGISTERED USER (AS DEFINED BELOW) OUR REGISTERED USER AGREEMENT WILL ALSO APPLY TO YOU AND ARE INCORPORATED AND FORM A PART OF OUR AGREEMENT WITH YOU, AS A REGISTERED USER.

IN THESE TERMS, “EPICUREAN”, “WE”, “US” OR “OUR”, “OURS” AND SIMILAR TERMS, MEANS AND REFERS TO EPICUREAN CUTTING SURFACES, LLC.

1. Using Our Site

Our website (URL: https://www.epicureanusa.com) (the “Site”), among other things, allows you to obtain information about us, our products and services.  We may also display information and post content we think may be of interest to users.  Your use of and right to use our Site is governed by this Agreement, which includes these Terms, our Privacy Policy, and our Registered User Agreement if applicable.

Our Site is intended solely for users who are 18 years old or older. Any access to, or use of, the Site by anyone under 18 years of age is expressly prohibited. By accessing or using the Site, you represent and warrant that you are 18 years of age or older.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Site, or any portion of the Site, without express written permission by us. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature on or through the Site.

Unless the context clearly requires a different interpretation, we use terms such as “you,” “your,” and “yours,” as well as “visitors,” “registered users,” and similar terms generically to mean and refer to any person or persons, individually and/or collectively, who use our Site.  When we use the term “use”, “uses”, “using” or any variations, in this Agreement it means and refers to any actual or attempted visit, access, submission or exchange of information, browsing, copying, image or text capture activity, viewing, display or taking advantage of any features or functions of our Site.  When we use words such as “include” or “including” we mean it to be inclusive and comprehensive, generally for illustrative purposes or as an example and not exclusive or limiting and you should understand those words to mean “including, without limitation” or “including, but not limited to” as you read this Agreement. By using our Site, you agree to be bound by the following terms and conditions, including those additional terms, conditions, and policies referenced herein and/or available by hyperlink.

2. Privacy

We respect your privacy and protecting your information is important to us. Our Privacy Policy is part of our Agreement with you and you should read it carefully since, among other things, it describes how we obtain, collect and use information we obtain through our Site, as well as your rights and obligations with regard to your information. You acknowledge and agree that by providing us with your personal information when you use our Site or contact us, you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy, or for the purposes identified to you at the time you provided the personal information.

3. Ownership and Rights to Content

We own, control or have a right or license to use all the content and material on our Site, including all copyright, service and trademark rights, logos, trade names, brands, proprietary products and services, information, graphics, interfaces, designs, web pages, text, software, icons, patents, and other intellectual property rights and all other distinctive material, audio, visual and audio-visual, as well as the compilation, combination, look and feel and other aspects of how we organize and display the Site (collectively, “Content”).  If there is Content on our Site that does not exclusively belong to us, including images of people and places, we have obtained the necessary rights from the rights holder.  When we use the term “Site” in this Agreement, unless the context clearly indicates otherwise, it also includes all Content on or associated with or available through the use of our Site. Content is protected by intellectual property laws and international treaties, as well as rights of privacy and publicity and other applicable laws and regulations.

You are hereby authorized to display Content on your computer in a web browser as part of the expected and ordinary use of the Site. You may not copy or use any Content in any other manner or for any purpose unless you have obtained our express written permission in advance. In particular, you may not: (i) copy, sell, reproduce, distribute, retransmit, publish, modify, display or prepare derivative works based on, re-post, or otherwise use any of the Content or underlying ownership rights or copyrights without our prior written consent; or (ii) remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Your access to or use of the Site should not be construed as granting, by implication or otherwise, any license to use the Content without our prior written consent or the consent of the third-party owner. 

4. Interested in Receiving Information from Us?

If you are interested in staying up-to-date with events, seasonal specials, promotions or receiving information about us and our activities (“Informational Emails”), our Site allows you to enter your email address and subscribe to receive Informational Emails. By entering your email account address and submitting it to us, you acknowledge, understand and agree that constitutes your request to us and your consent for us to send you Informational Emails. As we make clear in our Privacy Policy, you can always opt out of receiving Informational Emails and any other communications from us by using the unsubscribe link at the bottom of all external e-mails or by writing us at the address set forth in our Privacy Policy.

5. Ordering Using Our Site

You may use our Site to order products and services from us and while we encourage you to set up an account with us (see Section 7 below entitled “User Registration, Account and Password”), you are not required to do so and can order products and services as a guest visitor. As a guest, you will be required to enter your email address, shipping, payment and other information necessary for us to fulfill your order.  When you order from us, whether you are a guest or a Registered User, as described below, you will be redirected to our third-party e-commerce operational service provider, which we use to process your payment information. We currently use the Shopify e-commerce platform to process payments for us when you order. Whether you are a guest or a Registered User, prior to initiating an order from us, you should review Shopify’s privacy policy that sets out the terms and conditions applicable to their use of your information.  Shopify’s privacy policy applies to all the information you provide on their platform and such information is subject to Shopify’s privacy policy (and not ours), even if they request the same or similar information from you.

Once your order and payment is confirmed, Shopify notifies us and we can then fulfill your order, and while they do provide us with information we need to authenticate your order (i.e., the type of payment method and for authentication purposes, the last four digits of that method), they do not send us any information concerning the financial institution or payment account you used to order.

6. Products and Specifications

The inclusion of any products or services on the Site does not imply or warrant their availability at any particular time or that the listed attributes are accurate or complete. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, Epicurean retains the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color, texture or detail of actual products will be accurate. Further, we do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Site by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Site. In addition, we may make changes to information about price, availability, or other product attributes without notice.

7. User Registration, Account and Password

There is no charge or fee to set up an account with us and allow us to save your information to make ordering from us or interacting with us easier, but there are some additional terms and conditions that will apply to you. If you choose to register, you will be asked to create an account, set up a user profile and once properly completed, we will authorize you to log in to our Site (“Registered User”). As a Registered User, we will use the information you provide us in your profile and during registration to, among other things, fulfill your orders for goods or services, provide you with customer service and notify you of promotions, events and activities.

During the registration and account set-up process, you will be asked to agree to the terms and conditions that apply to Registered Users (“Registered User Agreement”) and once you do, they will be incorporated into and form part of the legally binding Agreement you have with us.  Each time you log in, you will be acknowledging and agreeing to abide by and comply with the Registered User Agreement.  You can always read the Registered User Agreement through a hypertext link on our registration page and as a Registered User, you should check frequently to be sure you are aware of the current terms and conditions that apply to you as a Registered User.

As part of the registration process, you will need to select a unique user name and password combination (your “User ID”). Your User ID and the information in your profile helps us manage the security of your account to ensure that you, and only you, have access to your account and account information. It is very important that you provide us with accurate and complete information when you set up your profile and to update your profile promptly when changes occur. By creating an account or submitting any information on the Site, you represent and warrant that the information you provide to Epicurean is true, accurate, complete and current.

You are not permitted to share your User ID or your password with anyone, and it is your responsibility to protect the confidentiality and security of your password, your unique User ID and your profile and account information. Please understand you are and will be solely responsible for any activity associated with your User ID, your profile and/or your account, even if you did not know and/or did not authorize the activity. You agree to immediately notify us of any unauthorized use of your profile, account, User ID, or any other breach of security known to you or that becomes known to you. If you believe someone has accessed your account without your authorization, it is your responsibility to inform us and set up a new password. If you use or attempt to use any other person’s name, User ID or attempt to impersonate someone else, any such activity is in violation of this Agreement and may also subject you to civil and/or criminal liability. We reserve the right to report your activity to law enforcement and other governmental authorities. 

8. Prohibited Conduct; Reporting Violations

You may not use our Site in any manner that is illegal, would be considered offensive, inappropriate or does, is likely to, or is intended to harass, cause harm, or distress or disparage any party, including us. If you use our Site in any way other than as permitted under this Agreement, you will be violating this Agreement, infringing on our rights and the rights of others and you may be subject to legal action, civil and potentially criminal charges depending on the circumstances.

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.

You are strictly prohibited from attempting to or actually interfering with, disrupting or damaging our Site or the normal operation of our Site and you may not interfere with, impair or try to prevent anyone else from accessing our Site. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger any person, cause or lead to damage to persons or property, adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other person, firm or enterprise, interferes with or bypasses any security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates this Agreement, or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this Agreement, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

Epicurean shall be entitled to terminate your use of our Site for violating this Section 8 entitled “Prohibited Conduct; Reporting Violations” and to an injunction in addition to any other remedies available at law or in equity.

9. Personalization of Products

We offer you an option to personalize certain products. If available and you choose to take advantage of the personalization option, you are solely responsible for making sure the personalization instructions you provide are accurate, do not infringe or violate the rights of any other party and conform to the personalization requirements described for the products involved. Personalization may not use or include words or language that, in our sole determination, is or could be construed as offensive, discriminatory, racist, sexist, inflammatory, hateful or which glorifies, promotes, or incites violence or in any way violates any laws or regulations. Epicurean reserves the right to reject and/or cancel orders that do not comply with these provisions or that may harm our brands, products or reputation.

10. Third Party Material and Links on Our Site

Our Site may contain content and materials from third parties and may include hypertext links to third-party websites (URLs) that are not operated, maintained by, or affiliated with us (“Third Party Content”). We do not monitor or review Third Party Content, nor are we responsible for their content or accuracy or where any links may redirect your browser. We also are not responsible for third-party privacy practices or policies and encourage you to carefully review the third party’s terms, conditions and privacy practices before you engage in any transaction, because if you select certain Third Party Content and your browser is redirected by a hypertext link, you will be leaving our Site and your information and any activity or transactions you engage in will be under the control and subject to the third party and not us. The existence of Third Party Content on our Site is not, does not and should not be construed as an endorsement or representation by us of any kind and we are not liable or responsible for them in any way, nor are we responsible or liable, directly or indirectly, for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions made in connection with any Third Party Content. You acknowledge and agree that you use all Third Party Content solely and exclusively at your own risk. Complaints, claims, concerns, or questions regarding Third Party Content should be directed to the third party.

11. Disclaimer

Our Site is made available “AS IS” and “AS AVAILABLE” without representations or warranties of any kind, whether by operation of law, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, and we are not and will not be responsible to you or any third party in connection with your use of our Site.

We cannot and do not guarantee your use of our Site will (a) be uninterrupted, timely, secure, error-free or free of defects; (b) that the Site will be available at any particular time or location; (c) that any defects or errors will be corrected; (d) that the Site or the server that makes it available will be free from malware, malicious code or other harmful components; or (e) the results of using the Site will meet your expectations. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. You agree that from time to time we may remove the Site for indefinite periods of time or cancel our services at any time, without notice to you. You are solely responsible for ensuring you have appropriate scanning and protective mechanisms for the security and protection of your devices, equipment, programs, communication technology and information and by using our Site, you are assuming all risk of loss or damage that may arise or be associated with such use.

Our Site may contain typographical or other errors, including pricing errors and we reserve the right to make corrections at any time without notice or liability to you; provided, however, that once any order you place with us has been confirmed by our e-commerce operational service provider, we will not change the price you paid for the particular goods or services you ordered and paid for in full.

We are not responsible if information made available on the Site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of our Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

You agree that the time for delivery of your purchased products shall not be of the essence under these Terms and that we will not be liable for any losses or expenses which you may sustain as a result of any delay in the delivery of your purchased products.

12. Limitation of Liability

To the fullest extent permitted by law, in no event shall Epicurean, our directors, officers, employees, affiliates, subsidiaries, agents, contractors, representatives, suppliers, service providers, or licensors (collectively, our “Representatives”) be liable for: (i) any direct, indirect, consequential, incidental, exemplary, punitive or special damages; or (ii) for any damages, whether direct, indirect, consequential, incidental, exemplary, punitive or special, characterized as lost revenue, lost savings or revenue or lost profits, whether based in contract, tort (including negligence), strict liability or otherwise, arising from, or in connection with, your use of the Site or any products procured using the Site, or for any other claim related in any way to your use of the Site or any purchased product, including, but not limited to, any errors or omissions in any website content, or any loss or damage of any kind incurred as a result of the use of the purchased products posted, transmitted, or otherwise made available via the Site, even if Epicurean was advised of the possibility of any such loss or damage in advance. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

By accessing our Site, you agree to fully indemnify, defend, and hold harmless Epicurean and our Representatives from any claims, demands, actions, threats and proceedings of any kind (including, without limitation, reasonable legal fees), as well as any liability, losses, damages costs and expenses we may suffer or incur, as a result of: (i) your violating or failing to comply with any of the terms or conditions in this Agreement; (ii) your use or misuse of the Site; (iii) your violation of any applicable laws or the rights of a third party; (iv) violation by any person using your user account of the terms or conditions of this Agreement; and (v) any actions you take, directly or indirectly, that cause harm or damage to us, our Site, our systems, communications networks and technology, or to any other party.

You agree to assist and cooperate as fully as reasonably required by Epicurean or our Representatives in the defense of any such claim or demand.

14. Release

If you have a dispute with one or more users or parties in association with the Site, you release Epicurean and our Representatives from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with such disputes.

15. Amendments

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our websites. This includes, but is not limited to, modifying, altering, updating, or adding products and services from time to time, and working with any new or existing third parties as necessary to provide our services to you. It is your responsibility to check this page periodically for changes. You can review the most current version of the Terms at any time on this page. If you are a Registered User, we will notify you, using the contact information in your profile, of any major or substantial changes to the Registered User Agreement in advance. Your continued use of or access to our Site following the posting of any changes constitutes acceptance of those changes.

If, for any reason and at any time, you do not or cannot agree to comply and be bound by all of the terms and conditions in our Agreement, then you may not continue to use our Site. If you are logged in as a Registered User and you do not or cannot agree to comply and be bound by all of the terms and conditions in our Agreement, you must log out of your account and you may not use our Site. If you are a Registered User, you may be able to delete your account by logging in to your account, but you can always contact us if you wish to cancel your account and terminate your status as a Registered User. Once we receive your request, we will close and delete your account and you will no longer have access to log in as a Registered User.

16. Termination of Use

We reserve the right to suspend or terminate your account and/or your ability to use the Site for failure to comply with the terms and conditions of our Agreement, for providing us with untrue or inaccurate information about yourself, for infringement upon our proprietary rights, or for any other reason whatsoever or for no reason, in our sole discretion at any time. If we terminate your account and/or access to the Site (or any portion of the Site), you may not try to access or use the Site again without our prior written approval.

17. Governing Law

Any claim or action arising out of or relating to our Site will be construed, governed and enforced under the laws of the State of Delaware and the Federal laws of the United States that apply. By using our Site, you unconditionally and irrevocably submit to the personal jurisdiction of the State or Federal courts in the City of Superior, Douglas County in the State of Wisconsin. You agree to resolve all claims or disputes and initiate and adjudicate all legal, regulatory or judicial proceedings in, and you waive any right to plead or claim that the City of Superior, in Douglas County in the State of Wisconsin is an inconvenient or improper forum.  YOU ALSO HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.

18. General

Entire Agreement.  These Terms, our Privacy Policy, and if applicable to you our Registered User Agreement, are incorporated into and form a part of this Agreement as if fully set forth herein. This Agreement is the entire agreement you have with us regarding your use of our Site and the subject matter of this Agreement and supersedes any and all prior or inconsistent promises, understandings, representations or agreements.

Conflict.  In the event there are any contradictions or inconsistencies between these Terms and another agreement or document, these Terms will prevail.

Severability.  If any provision of this Agreement is held illegal or unenforceable, that provision shall be modified as minimally as necessary to make it legal and enforceable and still preserve the meaning and intent of the original provision; provided that if doing so is not reasonably practicable, the illegal or unenforceable provision will be severed from this Agreement, without affecting any of the remaining provisions which will continue in full force and effect.

Interpretation.  Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party. Headings are purely for reference and shall not limit or otherwise affect the meaning of any term or condition. Where the context so requires or permits, the use of the singular form includes the plural, and the use of the plural form includes the singular, and the use of any gender includes any and all genders.

Waiver.  If we delay or fail to enforce any provision of our Agreement with you, that does not mean we waive our right to do so at any time, nor does it mean we are waiving the right to enforce any other provision or exercise any right we may have under this Agreement, at law or in equity, all of which we specifically and cumulatively reserve the right to enforce and exercise at any time.

Survival.  Any provision which must survive to allow us to enforce its plain meaning shall survive as long as necessary to be effective to allow and enable us to do so.

Agency.  Nothing in this Agreement will be construed to constitute any user or similar party as a partner, joint venturer, franchisee, employee, agent, or representative of Epicurean. No user will have any right to act as an agent of Epicurean or create any obligation for or on behalf of Epicurean.

19. Contact Us

If you have questions or comments about our Site or any of the terms, conditions or provisions of our Agreement, including these Terms of Use or our Privacy Policy or Registered User Agreement, you can send an email to our address at support@epicureanusa.com  or send your inquiry by regular mail to:

Epicurean Cutting Surfaces, LLC
257B Main Street
Superior, Wisconsin, 54880
 
United States of America
Attention:   Customer Relations