Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. Newell Rubbermaid is free to revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

This website is owned by Newell Rubbermaid Inc. and its subsidiaries and affiliates (collectively "Newell Rubbermaid”), and operated by Cooking.com, Inc. (including its subsidiaries and affiliates, collectively “Cooking”) (Newell Rubbermaid and Cooking may be collectively referred to as “we” or “us”). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for only your personal, non-commercial use. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website is expressly prohibited without the written consent of Newell Rubbermaid and Cooking, and any copyright owner from whom we have obtained a license. Requests for such permission should be made to the contact specified below. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without written permission of Newell Rubbermaid and Cooking.

Contents and Hyperlinks

This website may contain hyperlinks to third-party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Newell Rubbermaid and Cooking have no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

If you want to link to this website, please contact e-business@newellco.com before creating that link so the site may be previewed. Newell Rubbermaid and Cooking expressly forbid the unauthorized use of their logos, trademarks or other graphics to create links. Text links are permitted upon written approval.

User Content

Newell Rubbermaid and Cooking are pleased to hear from their customers; however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website ("Communications"), including e-mails to Newell Rubbermaid or Cooking, or postings on interactive portions of this website shall be deemed and shall remain the property of Newell Rubbermaid. If you send Newell Rubbermaid or Cooking such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Newell Rubbermaid and Cooking are free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE both Newell Rubbermaid and Cooking from any liability under any legal theory in connection with the use, modification, sale or disclosure of any Communications. By uploading or otherwise providing any Communications to this website, Newell Rubbermaid and/or Cooking, you hereby grant both Newell Rubbermaid and Cooking, to the extent you retain any rights, the unlimited, world-wide, perpetual license and right to display, publicly perform, modify, reproduce, reuse, redistribute, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit such Communications, including any and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed for any purpose and in any media without compensation, and you warrant that all any and all “moral rights” in uploaded Communications have been waived.

Interactive Areas and Code of Acceptable Conduct

Newell Rubbermaid and Cooking do not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

1. You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.

2. You will not upload viruses or harmful components.

3. You will not use the website to further any illegal purpose or to violate the rights of any party.

4. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Newell Rubbermaid and Cooking will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

Products, Services and Software

Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Newell Rubbermaid, Cooking or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Newell Rubbermaid or Cooking of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

Notice and Procedure for making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.

No Representations or Warranties

Newell Rubbermaid and Cooking make no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Newell Rubbermaid or Cooking's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD NEWELL RUBBERMAID HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." NEWELL RUBBERMAID AND COOKING DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NEWELL RUBBERMAID OR COOKING BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NEWELL RUBBERMAID'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

Jurisdiction and Choice of Law

Newell Rubbermaid controls and manages this website from its facilities in the State of Georgia in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of Georgia and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in Georgia in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

Trademarks and Copyrights

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Newell Rubbermaid, Cooking or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.

Except as otherwise noted, Newell Rubbermaid or Cooking own all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).

Securities and Investment

This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

This website may contain information and press releases about and by Newell Rubbermaid or Cooking. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the 'safe harbor' for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is designed to," "with the intent," "potential," and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to general economic and currency conditions, various conditions specific to Newell Rubbermaid or Cooking's business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, Newell Rubbermaid or Cooking's accounting policies, future trends, and other risks which are detailed in Newell Rubbermaid or Cooking's Securities and Exchange Commission filings.

Orders Subject to Sales Tax

Calphalon’s online store is operated by Cooking.com. Cooking.com collects sales tax in all U.S. states except the four states that do not charge a sales tax: Delaware, Montana, New Hampshire and Oregon. The appropriate state sales tax will be added to your merchandise total and displayed for your review prior to confirming your order. The amount of sales tax collected for your Calphalon.com order is dependent upon a number of factors including: the location the merchandise ships from, the type of item, and the ultimate destination of the shipment.

How Sales Tax Is Collected

If an item is subject to local and state sales or use tax, tax is generally calculated on its total selling price. In accordance with state and local tax laws, the total selling price of an item may include: item-level shipping and handling charges, discounts and gift-wrap charges, and an allocation of order-level shipping and handling charges and discounts.

The tax rate applied to your order will generally be the combined state and local rate for the address where your order is approved or shipped. Therefore, the tax rate applied to your order may be different for an order shipped to your home address than it is for an order for the very same items shipped to your work address.

Sales Tax on Gift Certificates

No sales tax is collected when purchasing Gift Certificates; however, purchases paid for with Gift Certificates may be subject to tax.

Tax-Exempt Customers

If tax has been charged on any portion of your order and you need to take advantage of your tax-exempt status please review the following sections below.

United States Government Purchasers

Sales tax does not apply to purchases made by the United States Government. In order to document that a sale has been made to the U.S. Government, we need to obtain a copy of one of the following:

  • - Federal tax ID certificate
  • - Certificate of exempt status
  • - Photocopy of your qualified U.S. Government Credit Card (Smart Pay Card)
  • - Government Vouchers

American Indian Purchasers

Sales tax does not apply to purchases made by American Indians who reside in Indian country and where the product is being delivered to Indian country. We need to obtain a copy of one of the following:

  • - Tribal Identification Card
  • - Letter from Tribal Council
  • - Completed State Specific Tax Exempt Forms
  • - A letter from the U.S. Department of the Interior


American Indian purchasers must also provide documentation that their delivery address is in Indian Country.

Other Exempt Purchasers

All other exempt purchasers need to provide us with a copy of one of the following:

  • - Tax Exemption Card
  • - Exemption Certificate
  • - Other acceptable proof of your exempt status for the state where the items will be shipped 


Note regarding state resale certificates: state resale certificates are not listed as acceptable proof of exempt purchases. At Calphalon’s online store, we do not sell products wholesale (for resale), all sales are assumed to be consumed/used by the purchaser. If you have any questions regarding acceptable tax contact Calphalon Customer Service.

How to submit this information

Place your order through our Web site. After you've placed your order, please submit the necessary information by fax in order to receive a refund of any sales tax. Our fax number is (310) 827-1703.

Please include the following:

  • - Your order number
  • - Email address used on order
  • - Acceptable proof of your exempt status (as outlined above)
  • - The name of the organization that purchased the items (if applicable)

Mark your fax "Attn: Calphalon Tax Exempt"

For subsequent purchases, you will only need to send an email to orders@StoreCalphalon.com with the order number and "Tax Exempt Request" in the subject line. We will verify your information is on file and process the refund.

Severability

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Sweepstakes

Please see our Sweepstakes page for more information regarding rules and regulations.

Privacy

Please see our Privacy Policy for information regarding the collection and use of personal information from this website. Despite any representations concerning privacy, Newell Rubbermaid and Cooking reserve the right to disclose without notice to you any information in their possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

General

These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Newell Rubbermaid and Cooking reserve all legal rights and remedies available to them and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Newell Rubbermaid and/or Cooking may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control. All material on this site is subject to copyright.

All rights reserved.

Contact Information:

Questions about these terms and conditions may be directed to:

E-Business Team

Newell Rubbermaid, Inc.

29 East Stephenson Street

Freeport, IL 61032

ebusiness@newellco.com

Questions about our products should not be directed to this address and will not be replied to.

Procedure for Copyright Infringement Claims

Notification must be submitted to the following Designated Agent:

Service Provider(s): Newell Rubbermaid Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement:

General Counsel

Full Address of Designated Agent to Which Notification Should Be Sent:

3 Glenlake Parkway, Atlanta, GA 30328

Telephone Number of Designated Agent: 770-418-7000

Facsimile Number of Designated Agent: 770-407-3987

E-mail Address of Designated Agent:copyright@newellco.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.