Terms & Conditions
Terms & Conditions
Please note that Section 12 of these Terms contains an arbitration clause and a class action waiver provision. It affects how disputes between you and Tappan may be resolved.
- Modifications and Termination
We reserve the right to modify the Services at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using the Services at any time.
- Your Account
You may be required to create an account and specify a password in order to use certain Services. To create an account, you must be at least 18 years old and you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please contact us at 1-800-265-8352.
- Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Services. You may only post Content if you own all the rights to that Content, or if you have permission from other people who own the rights.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant Tappan, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using our Services.
You agree to indemnify Tappan against any all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.
- Content Posted by Others
We are not responsible for, and do not endorse, Content posted by any other Service user. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.
- Non-Confidential Information
Any material, information or idea you transmit or post to the Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Tappan for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.
- Your Use of the Services
Please do not use the Services in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Services or any features of the Services (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Services, and take appropriate legal actions.
Using the Services does not give you ownership of any intellectual property rights to the content you access. You may not use content from the Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
- Your Use of Connected Appliances
The Service is not a substitute for responsible and safe appliance operation. Please refer to your owner’s manual for further information. You should not rely on the Service as a means of preventing accidents, fire, or damage to your appliance or residence. It is your responsibility to ensure that your appliance is maintained in good working order and that your appliance is used in a safe and responsible manner. Tappan does not guarantee any results or the accuracy of any results that you may obtain from the Service.
Tappan makes no warranty that the Service: (a) will meet your requirements; (b) will be compatible with your computer or mobile device; (c) will be available on an uninterrupted, timely, secure, or error-free basis; or (d) will be accurate or reliable. You acknowledge and agree that the availability of the Service is dependent on (a) your computer, mobile device, home wiring, and other related equipment (“Equipment”); (b) your ISP; and (c) your Carrier. Tappan does not guarantee the reliability or timeliness of communications or notifications from or between you and your connected appliance. You agree that the Services are subject to limitations and restrictions outside of Tappan’s control, which include such things as wireless network capabilities, Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, and other factors associated with the use of the Internet or with satellites and satellite data. Tappan is not responsible for these limitations.
- Tappan Trademarks and Copyrights
All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of Tappan and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
- Copyright Protection
If you believe any Content on the Services infringes your copyrights, you may request that we remove the Content from the Services (or disable access to that Content) by contacting us and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
- Social Networks
The Services may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking websites is governed by the terms of service and other agreements posted on those websites. You are responsible for ensuring that your use of those website complies with any applicable terms of service or other agreements.
- Our Warranties and Disclaimers
We provide the Services using a commercially reasonable level of care, but there are certain things that we cannot guarantee.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TAPPAN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TAPPAN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TAPPAN OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Liability for our Services
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. EXCEPT WHERE PROHIBITED, TAPPAN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF TAPPAN HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
You agree that any dispute or claim arising out of your use of the Services or any products sold through the Service, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall 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 this agreement.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on Tappan by mailing it to insert address pursuant to the JAMS instructions.
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.
Tappan reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Tappan as necessary. Tappan reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Tappan uses reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service. Our acknowledgement of an order means that your order request has been received; not that the price or availability of an item has been confirmed. Tappan reserves the right to limit the number of items ordered and to refuse services to any customer without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Tappan shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made, Tappan shall promptly refund the purchase price.
- Additional Details
Tappan may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Service after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Service.
The Service may contain links to third-party websites or apps. That doesn’t mean that we control or endorse those websites or app, or any goods or services sold on those websites or apps. Similarly, the Service may contain ads from third-parties. We do not control or endorse any products being advertised.
When you use the Service or send communications to us through the Service, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Services from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Tappan to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.
If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking action in the future).
These Terms are governed by and construed in accordance with the laws of North Carolina, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Charlotte, North Carolina, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
Last updated: March 15th, 2022