Privacy Policy, CCPA, Terms of Use

Privacy Policy

Your Privacy Rights

This Privacy Policy describes the types of information gathered by Bradshaw Home (collectively “we,” “us,” or “our”) in the process of providing this website, services, information, tools, functionality, updates and similar materials (collectively, the “Service”) and in the course of selling our products (“Products”), how we use it, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information and our efforts to protect the information you provide to us through the Service. By using the Service, you hereby consent to allow us to process information in accordance with this policy.

We may collect information through our website located at bradshawhome.com, cleanerhomeliving.com, casabella.com, bialetti.us, goodcook.com, infuseclean.com, and any other site on which this policy is posted (including any subdomains each, a “Website”, and collectively, the “Websites”).

This policy is subject to change. If our information retention or usage practices change, we will let you know by posting the Privacy Policy changes on the Service and/or otherwise making you aware of the changes. Please refer to the “Effective Date” above to see when this Policy was last updated.

Information Collected

We collect two types of information about and from persons who use the Services: Personal Information and Anonymous Information.

“Personal Information” is information that is personally identifiable to you, such as your name, address, email address or phone number, as well as other non-public information that is associated with the foregoing. Anything you publicly post or that is available publicly will not be considered Personal Information, and will be outside the restrictions of this policy.

“Anonymous Information” means information that is not associated with or linked to your Personal Information. We may create Anonymous Information from (i) automatically gathered information or (ii) Personal Information by excluding information (such as name) that may make the information personally identifiable to you.

The below companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.

https://rakutenadvertising.com/legal-notices/services-privacy-policy/

https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/

Personal Information Collected

We collect certain Personal Information about you or about those you identify, which may be supplied when you interact with the Service, complete a survey, make a purchase, create an account with us participate on social media accounts involving the Services, submit an invention, apply for a job with us, when you request services, or otherwise when you submit such information on any other place on the websites. The information collected may include, but is not limited to, one or more of the following:

• Name
• Address
• Phone number
• Email
• Birthday
• Gender
• Relationship Status

Although it may appear that we collect payment card numbers, we process payments through a third-party and do not have access to your card numbers.

The Service may be integrated with third-party social media platforms, such as Facebook, Youtube, Pinterest, Twitter (“Platforms”). If you interact with the Platforms through the Service, the Platforms may make additional personal information about you available to us. Any personal information you have chosen to share on any of Bradshaw Home’s social media pages will be visible to persons visiting those pages, and privacy on those pages is governed by the privacy policies of those social media companies.

Our websites include social media widgets, such as Facebook, Twitter, Pinterest, Instagram, and YouTube widgets. These features collect information about your IP address and which page you’re visiting on our websites, and they set a cookie to make sure their features function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with those features are governed by the privacy policies of the companies that provide them.

The Service may request access to information stored on your device, such as photographs, and will collect such information that you permit.

Anonymous Information

Anonymous Information is collected about you when you use the Services, including but not limited to enrollment history, the type of device you used and its operating system, the pages accessed most frequently, how pages are used, search terms entered, and similar data. We may use and store information about your location if you give us permission to do so.

Automatically Tracking Internet Protocol (IP) addresses is one method of automatically collecting information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your device whenever you surf the internet. Further, the Services may utilize web beacons, pixel tags, cookies, embedded links, and other commonly used information-gathering tools. Some of these cookies and tools may be third-party storage technologies provided by associates such as Facebook or Google. These cookies may be combined with your Personal Information as associated with your profile, and when they are, they will be considered Personal Information. Third-parties that collect cookies through the Service may also store such information in connection with other personal information about you, subject to those own providers’ privacy policies.

Cookies and other tracking technologies (such as pixels and beacons) are comprised of small bits of data that often include a de-identified or anonymous unique identifier. The Website, apps and other services send this data to your browser when you first request a web page and then store the data on your computer so the Website can access information when you make subsequent requests for pages from that service. We may use these technologies to collect and store information about your usage of the Website (such as the pages you have visited, content you have viewed, search queries you have run, and advertisements you have seen), which information is then used to understand your preferences so as to enable us to provide you with improved services in future visits, and to compile aggregate data about Website traffic and interactions so that we can offer better experiences and tools in the future.

Although it may be possible to turn off the collection of cookies through your device, that may interfere with your use of the Services. Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Please note that by blocking any or all cookies, you may not have access to certain features, content, or personalization available through the websites. Additionally, if you would like to avoid cookies, view our websites in “privacy mode.” Additional cookie-related information is available at https://www.allaboutcookies.org/manage-cookies/. Please note that by blocking any or all cookies, you may not have access to certain features, content, or personalization available through the Website.

Use of Information

Internal Use of Information by Us

We accept and gather Personal Information and Anonymous Information in an effort to provide the Services to you and to provide to you products that you may purchase

We may use Personal Information to help us develop and improve our products and Services, fulfill your requests, send materials to you and enable us to contact you if any problems arise from your transactions with us inform you about our offers and those of others, tailor our products and Services to meet our customers’ interests, respond to your requests or questions for information about your account or transactions, comply with applicable law, and for other purposes permitted by law.

We may use Anonymous Information to monitor the usage of our website services, assess performance, ensure technological compatibility with your device, and understand the relative importance of the information provided on the services. We may also use this data to conduct statistical analyses on visitors’ usage patterns, such as surveying webpage duration, and other data in an aggregated and anonymous manner. We may use location information to provide features of our websites, which includes improving and customizing our services. You can enable or disable location services when you use our websites at any time by way of your device settings.

We may use Anonymous Information, non-Personal Information or Personal Information for any business purpose permitted by law.

Sharing Collected Information

We may share personal and non-personal information with our business associates, consultants, service providers, advisors and affiliates in order for them to provide services to us, to you, and to enable us to provide the Service and sell the Products. For example, our host and internet service provider may have access to this information to support our websites, and a representative may call, text or e-mail you, if you have indicated an interest in one or more of our Products. Similarly, we may share your information with our suppliers, product manufacturers, shipment providers, and other vendors.

We do not and will not sell or trade your personal information that directly identifies you to any third party outside of Bradshaw Home.

We may disclose aggregate information in connection with marketing and publicity relating to the Service and Products.

We may further disclose information we collect with business associates for their own business purposes, in which such information and use will be governed by their own privacy policies.

Data about your activities online may be collected for use in providing advertising tailored to your individual interests, either by us, our affiliates, or third parties. We work with third parties such as network advertisers and ad exchanges to serve advertisements across the internet and may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party websites and viewing of ads and of our content.

Our Service may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, to help us analyze how users use the Service, analyze ad impressions, your use of ad services, and interactions with these ad impressions and ad services You may be able to opt-out of Google’s collection. Please visit Google’s Ads Preferences Manager or the Google Analytics opt-out browser add-on for more information.

Further, we may disclose collected information to the extent we believe it necessary to comply with the law, such as in response to a subpoena or court order, to defend a legal claim, to prevent property damage or physical harm, to assist law enforcement or otherwise as permitted by applicable law. Additionally, we may transfer your information to successor in interest, which may include but may not be limited to a third-party in the event of an acquisition, sale, merger or bankruptcy.

Storage and Processing

Personal information collected on our websites, or received by Bradshaw Home from you or third parties, may be stored and processed in the United States or any other country where we or our service providers maintain facilities.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The servers and databases in which information is be stored may be located outside the country from which you accessed the website(s) and in a country that does not have the same privacy laws as your country of residence. The personal information you provide us may be transmitted abroad, but we will collect, process and use personal Information only in accordance with this Privacy Policy.

We will take all the steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information, and as per applicable data privacy laws. This policy may not constitute your entire set of privacy rights, as these may also vary from country to country or state to state. To be certain of your privacy rights, you may wish to contact the appropriate agency in your country or state that is charged with overseeing privacy rights of consumers.

Retention

We keep your personal information for as long as it is required in order to fulfill the relevant purposes described in this privacy policy, as may be required by law (including for tax and accounting purposes), or as otherwise communicated to you. How long we retain specific personal information varies depending on the purpose for its use, and we will delete your personal information in accordance with applicable law.

Links

Our Service may contain links to other websites or to third-party applications. We are not responsible for the privacy policies or practices of such other sites. When you leave our Service to visit another website or application, please read the privacy statements of websites that may collect personally identifiable information. This Privacy Policy applies solely to information collected by us through the Service and in its general business activities.

Employment-Related Information

Employment-related information and queries may be transferred to any member of the Bradshaw home family of companies. By visiting our websites and submitting information, you consent to such collection, processing, transfer and/or storage of your personal information.

Security

We employ procedural and technical safeguards to secure personal information against loss, theft, alteration, and unauthorized access, use and disclosure. We also employ security procedures to protect information from unauthorized access by users inside and outside the company.

Regardless of the precautions we take, no transmission of data over the Internet is completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect personal information, we cannot ensure or warrant the security of any information you transmit to us.

E-Mail and Electronic Newsletters

We may offer electronic newsletters and e-mails concerning available properties, as well as new products and services, or may provide other marketing materials as a service to our users. Users may receive newsletters and e-mails concerning promotions and marketing of ours or of our business partners, after registering with the Service or after engaging with us in person or through our agents.

If you have received a message from us, and you no longer wish to receive such materials, you may opt-out by following the unsubscribe instructions included in each electronic newsletter and e-mail.

Please note that you may be required to separately opt out of any e-mails sent by our business associates.

Children and Privacy

We do not knowingly permit users to register for our Service if they are under 13 years old, and therefore do not request personally identifiable information from anyone under the age of 13.

If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us without your approval, please inform us by contacting us at the e-mail address below and we will remove such information from our database.

Do Not Track

At present, the Service does not specifically respond to automated browser do-not-track signals.

California Privacy Rights

California law allows California residents to request information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties. To make such a request, please contact us at help@bradshawhome.com with "Request for Privacy Information" in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.

For more information about your rights under the California Consumer Privacy Act, please click here

Contact Information

If you have any questions or suggestions regarding our Privacy Policy, please contact us at:

By Mail:
Bradshaw Home
9408 Buffalo Avenue
Rancho Cucamonga, CA 91730

By Email: ConsumerService.Butler@bradshawhome.com

BRADSHAW HOME PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: 08/15/2021

[Last Reviewed on: 08/15/2021]

This Privacy Notice for California Residents (“Privacy Notice”) supplements the information contained in the Privacy Policy for Bradshaw Home (collectively, “Bradshaw Home” “we”, “us” or “our”) and applies solely to visitors, users, and others who visit bradshawhome.com, cleanerhomeliving.com, casabella.com, bialetti.us, goodcook.com, infuseclean.com, evercare.com and our related websites and services (collectively, the “Site” or “Sites”) and applies solely to Site visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Privacy Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this Privacy Notice.

Information We Collect

Our Sites collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information. Please note that Bradshaw Home only collects sensory data from those consumers who send inventor submissions.  Bradshaw Home does not collect this category of personal information from general Site users.	YES
I. Professional or employment-related information.	Current or past job history or performance evaluations. Please note that Bradshaw Home only collects professional or employment-related information from prospective job applicants and current Bradshaw Home employees. Bradshaw Home does not collect this category of personal information from general Site users.	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Please note that Bradshaw Home only collects non-public education information from prospective job applicants and current Bradshaw Home employees. Bradshaw Home does not collect this category of personal information from general Site users.	YES
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Sites.

Use of Personal Information

For information generally on how we use your personal information and to which entities, please refer to our Privacy Policy here.

Sharing Personal Information

For information generally on how we share your personal information and to which entities, please refer to our Privacy Policy here.

Disclosure of Personal Information

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category D: Commercial information.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
Category H: Audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related information.
Category J: Non-public education information.
Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.

Sales of Personal Information

In the preceding twelve (12) months, we have not sold your personal information that directly identifies you. However, to the extent that the CCPA’s broad definitions of “sale” and “personal information” may deem the common flow of information in the digital analytics and advertising ecosystem a sale, and because we cannot ultimately control how third-parties use the information collected from tracking mechanisms, we are currently treating our sharing with some of these third-parties in the preceding twelve (12) months as a “sale” under the CCPA.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, to the extent the common flow of information in the digital analytics and advertising ecosystem are considered as such, identifying the personal information categories that each category of recipient purchased;
  • and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Do Not Sell My Information

We do not sell your personal information. Please note that distributing your information within our organization across business unites is not considered a sale, nor is providing data to third-parties that does not meet the definition of personal information. The sale of personal information does not include if you direct us to interact with a third-party, any third-party alerts that you have opted out of, the sharing of information is necessary to perform a business purpose and meets the other conditions specified, or the information is transferred as part of an asset in a merger, acquisition, bankruptcy or other change of control of Bradshaw Home.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation; and
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, opt out, and deletion rights described above, please submit a verifiable consumer request to us in one of the following ways:

By Mail:
Bradshaw Home
9408 Buffalo Avenue
Rancho Cucamonga, CA 91730

By Email:
help@bradshawhome.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

The effective date of this Privacy Notice is set forth at the top of this section. We will notify you of any material change by posting notice on the Site. Your continued use of the Site after the effective date constitutes your acceptance of the amended Privacy Notice. We encourage you to periodically review this page for the latest information on our privacy practices. Any amended Privacy Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY NOTICE, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

Contact Information

If you have any questions or comments about this Privacy Notice, the ways in which we collect and uses your information described int his policy your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

By Mail:
Bradshaw Home
9408 Buffalo Avenue
Rancho Cucamonga, CA 91730

By Email:
help@bradshawhome.com

BRADSHAW INTERNATIONAL, INC. TERMS OF USE

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Bradshaw International, Inc. web sites located at infuseclean.com, and our related websites and services and all associated sites (collectively, the “Site”). The Site is the property of Bradshaw International, Inc. (“Bradshaw”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.

Bradshaw reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the Site, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site. As long as you comply with these Terms of Use, Bradshaw grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Registration and Personal Data

In order to access and use certain areas or features of the Site, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.

You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate any and all current or future use of the Site.

By providing information and/or answering questions, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Bradshaw, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.

However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.

Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Bradshaw or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

Trademarks

The Bradshaw logo, and any other Bradshaw product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the Site are the property of Bradshaw or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Bradshaw or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.

Legal Requirements; Privacy Policy

Bradshaw is committed to processing and protecting the personal information collected through the Site when you use the Site in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal information, including, if applicable to you, the California Consumer Privacy Act. Bradshaw’s policy is to retain personal information necessary to provide our services, except that we may retain your personal data for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to “unsubscribe” from further messages from us. This policy applies to personal information that you or others provided to us and personal information generated or inferred from your use of our services. For additional information about your rights and your personal information, what information is collected, how it is processed, protected, shared, and how long it is retained, please see the Bradshaw’s Privacy Policy.

We implement a number of security features to help guarantee and ensure to the greatest extent possible that your information is safe. We use industry standard technologies when transferring and receiving user data exchanged between Bradshaw and third parties to ensure its security. User data may be stored on servers maintained by our third-party partners and subject to their security safeguards which are periodically audited, with certifications from accreditation bodies across geographies and verticals. All financial transactions are made securely. Please see Bradshaw’s Privacy Policy for additional information relating to the privacy and security of information collected hereunder.

Your Use of the Site

You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly:

• Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
• Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
• Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site.
• Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Bradshaw reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Bradshaw server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bradshaw or others.

Rights in User Content

We do not claim any ownership interest in your User Content.

However, by uploading, posting or submitting User Content to the Site or to our pages or feeds on third party social media platforms (e.g., Bradshaw’s Facebook page, Instagram page, or Twitter feed), you hereby grant Bradshaw a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, Bradshaw will only share personal information that you provide in accordance with our Privacy Policy.

You acknowledge and agree that Bradshaw may disclose or use any User Content that you Transmit for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Bradshaw, its customers or the public.

Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Bradshaw, the Site or the services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Bradshaw. Bradshaw shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Links to Other Sites and to the Bradshaw Site

We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Bradshaw. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Bradshaw reserves the right not to link, or to remove the link, to a particular website at any time.

Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Bradshaw. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

Disclaimers

BRADSHAW DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BRADSHAW CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BRADSHAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRADSHAW DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BRADSHAW SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BRADSHAW FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Bradshaw reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRADSHAW BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM BRADSHAW, OR FROM EVENTS BEYOND BRADSHAW’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BRADSHAW RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BRADSHAW ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO BRADSHAW FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE BRADSHAW’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnity

You shall indemnify, hold harmless, and, at Bradshaw’s option, defend Bradshaw from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Bradshaw resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Site, any User Content that you Transmit to or through the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or any of its features. You further agree that Bradshaw shall have control of the defense or settlement of any third-party claims, unless Bradshaw exercises its option to require you to defend Bradshaw. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Bradshaw.

Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Bradshaw at the following contact: help@bradshawhome.com. Any notices to you may be made via either e-mail or postal mail to the address in Bradshaw’s records or via posting on the Site. Please report any violations of these Terms to Bradshaw at the contact listed above.

Violation of These Terms of Use and Termination

Bradshaw may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Bradshaw’s rights or property, or the rights or property of visitors to or users of the Site, including Bradshaw’s customers. Bradshaw reserves the right at all times to disclose any information that Bradshaw deems necessary to comply with any applicable law, regulation, legal process or governmental request. Bradshaw also may disclose your information when Bradshaw determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Bradshaw may preserve any transmittal or communication by you with Bradshaw through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Bradshaw determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Bradshaw, its employees, users of or visitors to the Site, and the public.

You agree that Bradshaw may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Bradshaw, for which monetary damages would be inadequate, and you consent to Bradshaw obtaining any injunctive or equitable relief that Bradshaw deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Bradshaw may have at law or in equity.

You agree that Bradshaw may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Bradshaw does take any legal action against you as a result of your violation of these Terms of Use, Bradshaw will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Bradshaw. You agree that Bradshaw will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Void Where Prohibited

Bradshaw administers and operates the www.goodcook.com Site from its location in Rancho Cucamonga, California USA; other Bradshaw sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Bradshaw reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Governing Law and Jurisdiction

Bradshaw operates the Site from California, USA. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of California, USA, including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in California shall not apply. Except as otherwise provided, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state and federal courts in San Bernardino, California, USA, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and you agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.

Procedure for Making Claims of Copyright Infringement

We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Bradshaw’s copyright agent for notice of claims of copyright infringement can be reached as follows: help@bradshawhome.com

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Bradshaw with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Bradshaw with respect to such use are hereby superseded and cancelled. Bradshaw will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Bradshaw’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Bradshaw of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Bradshaw and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Bradshaw’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Bradshaw may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Bradshaw makes no commitment to update the materials on the Site with respect to such products and services.

The information contained in this web site is subject to change without notice.

Copyright © 2021 Bradshaw International, Inc. All rights reserved.

Bradshaw International, Inc., 9409 Buffalo Ave., Rancho Cucamonga, CA 91730, USA.

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