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Conditions of Use

Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS STORE.
We maintain this ebay store as a service to our customers, and by using our store you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO MAKE PURCHASES IN THIS STORE.

1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our ebay store (the "Store"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Store, the content, products or services provided by or through the Store, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Store, and you should review this Agreement prior to using the Store.

2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Store are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any part of the Store is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Store. The posting of information or materials on the Store does not constitute a waiver of any right in such information and materials.

3. Fraud.
By becoming a registered user, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your registered usership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by The Cuisinart Outlet Store at its sole discretion. If registered usership has been revoked, The Cuisinart Outlet Store reserves the right to refuse application or readmission to the registered usership program.

4. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document from the Store grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

5. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Store, including this Agreement, without further notice to users of the Store.

6. Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Store.

7. Nontransferable.
Your right to use the Store is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

8. Disclaimer.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

9. Limits.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

10. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Store uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

11. Payments.
You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

12. Securities Laws.
This Store may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Store, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Store and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

13. Links to Other Web Sites.
The Store may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Store does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Store and access these third-party sites, you do so at your own risk.

14. Submissions.
All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

15. Return Policy.
View our Return Policy

16. Venue.
Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF MARICOPA COUNTY, ARIZONA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT MARICOPA COUNTY, ARIZONA OR THE DISTRICT OF ARIZONA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by The Cuisinart Outlet Store, in the State of Arizona USA. As such, the laws of Arizona will govern the terms and conditions contained in this Agreement and elsewhere throughout the Store, without giving effect to any principles of conflicts of laws.

17. Lapsed Accounts.
In order to keep The Cuisinart Outlet Store registered usership roster current, if a Registered user does not access his or her account for a period of 365 days or more, The Cuisinart Outlet Store may, in its sole discretion, terminate such Registered user's account. The Cuisinart Outlet Store strongly recommends that all Registered users keep their accounts and contact data current and in use. While The Cuisinart Outlet Store desires to prevent active accounts from being terminated prematurely, The Cuisinart Outlet Store has no obligation to maintain accounts that appear to The Cuisinart Outlet Store to have been abandoned. Each Registered user agrees that failure to access his or her account for 365 days or more conclusively indicates that such Registered user's account has been abandoned and that the account may therefore be terminated.

18. Verify Registered Users' Address
The Cuisinart Outlet Store reserves the right to contact a Registered user via email to verify the accuracy of account information (including the Registered user's correct name and address) that is needed to provide the Registered user with the information he or she requested from The Cuisinart Outlet Store.

Payment Methods

  • Paypal
  • Visa via PayPal
  • MasterCard via PayPal
  • Discover Card via PayPal
  • American Express via PayPal
Shipping Methods
  • The Cuisinart Outlet Store ships via Federal Express.
  • All orders require 24-48 business hours processing time before shipping.
  • The Cuisinart Outlet Store does not ship orders during weekends.
  • No deliveries will be made on weekends.

Bundle Specials
Bundle Specials may be offered to the Cuisinart Outlet Store shoppers as a way to purchase multiple items together at a discounted price. Offers valid only while supplies of all items within the bundle last. The Cuisinart Outlet Store cannot guarantee the compatibility of bundle items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility. If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within 30 days of the original invoice date. Components within a Bundle Special may be returned for repair / replacement only. Individual items within a bundle may only be returned for repair / replacement if an RMA number is acquired within the standard return period. * Please note that an item advertised as "free" in a bundle special may still incur a shipping charge.

Promo Codes
The Cuisinart Outlet Store will sometimes furnish an alphanumeric code that can be used for promotions on our web site. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the The Cuisinart Outlet Store web site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts, or free gifts. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.

Sales Tax
Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into will be charged applicable sales tax according to your area's tax rate. Please note that the sales tax for orders is calculated based upon the total price of the order, including shipping and handling where applicable. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.

Product Testing
The Cuisinart Outlet Store, like other e-tailers, ships items in the condition they were received from the original manufacturer/distributor. The Cuisinart Outlet Store does not conduct product testing before shipping any merchandise.

Refund / Money Back Guarantee Policy
All merchandise, unless otherwise indicated, may be returned within 30 days from the original invoice date for a refund. A 15% restocking fee may apply. These terms apply to all refunds. Most products are shipped with a refund/replacement guarantee period unless otherwise noted in the product listing or in our return policy. Customers must inform The Cuisinart Outlet Store of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.

The Cuisinart Outlet Store Satisfaction Guarantee
The Cuisinart Outlet Store offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:
Refurbished merchandise unless otherwise noted in the item description or the return policy page.

Physical Damage Policy
Physical damage to any product purchased at The Cuisinart Outlet Store will effectively void warranty coverage. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. Painting of items listed as paintable does not constitute physical damage and the warranty on these products will still be applicable.

Restocking Fee
A 15% restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refunds after 30 days.

Processing Time
You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. The Cuisinart Outlet Store does not guarantee same day-shipping. Orders are not shipped on weekends and holidays.

Order Status
The Cuisinart Outlet Store will keep you informed of your order status via e-mail or by updating the ebay site. All tracking information will be emailed to your ebay ID once your order has shipped. You may also acquire your order status and other live updates by logging in to your account on the ebay website.

Security
Security is our number one priority. All on-line transactions are sent through our secure server and encrypted. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security.

Privacy
The Cuisinart Outlet Store respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our web site will be used for processing purposes.

Changing or Canceling Orders
Our systems are highly automated and once your order is submitted and we have obtained proper credit card authorization your order will be routed to one of our warehouses and cannot be changed or canceled.

Product Listings
The Cuisinart Outlet Store strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinants we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, The Cuisinart Outlet Store shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from The Cuisinart Outlet Store are provided as resources to customers looking for additional information and/or professional opinion. The Cuisinart Outlet Store does not assume responsibility for the claims and/or representations made on these or any other websites.

Errors on Our Store
Prices and availability of products and services are subject to change without notice. The Cuisinart Outlet Store has the right to refuse or cancel any orders placed for products with typographical errors and/or listed at an incorrect price, rebate or refund, or containing any other incorrect information. The Cuisinart Outlet Store has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Cuisinart Outlet Store will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with The Cuisinart Outlet Store's Return Policy.

Product Revisions
The Cuisinart Outlet Store is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, The Cuisinart Outlet Store puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinants which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. The Cuisinart Outlet Store relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, The Cuisinart Outlet Store will not be held responsible for product revision changes.

We may change these policies at any time without notice.

Purchase Agreement
By accepting delivery of any product delivered from The Cuisinart Outlet Store ("http://stores.ebay.com/Cuisinart-Outlet-Store"), you ("Customer") agree to be bound by the terms and conditions listed below. You and The Cuisinart Outlet Store agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and The Cuisinart Outlet Store. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from The Cuisinart Outlet Store.

Satisfaction Guarantee
The Cuisinart Outlet Store offers our Customers a 30-day satisfaction replacement or refund guarantee on all purchases, with the following exceptions:
If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within 30 days of purchase. Components within a Bundle Special may be returned for repair/replacement only. Individual items may only be returned for repair/replacement if an RMA number is acquired within the Return Policy period.
Damaged, abused, To take advantage of The Cuisinart Outlet Store's satisfaction guarantee, the Customer must comply with the Product Return Procedure detailed below. Any breach of The Cuisinart Outlet Store's Return Policy Procedure will result in the loss of The Cuisinart Outlet Store's refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

Product Return Procedure

  • To return a product in compliance with The Cuisinart Outlet Store's satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please use ebay's "ask seller a question" page to contact us to acquire an RMA number. All RMA requests must be filed online. The Cuisinart Outlet Store will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by The Cuisinart Outlet Store. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
  • Customer is solely responsible for shipping any returned product to The Cuisinart Outlet Store. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, The Cuisinart Outlet Store's Return Procedure will be breached and The Cuisinart Outlet Store may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
  • The Cuisinart Outlet Store will not refund to Customer the original shipping charges.

Warranties
All product sold "AS-IS" or "With All Faults The Cuisinart Outlet Store IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY The Cuisinart Outlet Store ARE NOT MANUFACTURED BY The Cuisinart Outlet Store. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). The Cuisinart Outlet Store ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. The Cuisinart Outlet Store MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. The Cuisinart Outlet Store DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL ITEMS SOLD THROUGH The Cuisinart Outlet Store ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR The Cuisinart Outlet Store , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

Limitation of Liability
IN ALL CIRCUMSTANCES The Cuisinart Outlet Store's MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. The Cuisinart Outlet Store SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. The Cuisinart Outlet Store SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT The Cuisinart Outlet Store HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

General Terms and Conditions

Orders
An order is not binding upon The Cuisinart Outlet Store until it is accepted; The Cuisinart Outlet Store must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by PayPal, or some other method prearranged with The Cuisinart Outlet Store. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges
Your total cost for purchase of any product will include shipping and handling charges shown on the The Cuisinart Outlet Store invoice.

Risk of Loss
The Cuisinart Outlet Store will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. The Cuisinart Outlet Store reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow The Cuisinart Outlet Store to sign appropriate documents on Customer's behalf to permit The Cuisinart Outlet Store to protect its purchase money security interest. The Cuisinart Outlet Store will advise Customer of estimated shipping dates, but The Cuisinart Outlet Store will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between The Cuisinart Outlet Store and Customer shall be governed by the laws of the State of Arizona, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. The Cuisinart Outlet Store and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Arizona, Maricopa County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against The Cuisinart Outlet Store that is more than one year after the date of the applicable invoice.

Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement
These terms and conditions, together with The Cuisinart Outlet Store's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between The Cuisinart Outlet Store and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between The Cuisinart Outlet Store and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.