Terms of Use

These Terms of Use are effective as of May 8, 2024.

Welcome to AiroveCook!

These are the terms of use ("Terms of Use") for your use of services or features (the “Services”) on the sites owned and controlled by AiroveCook, Inc. ("AiroveCook"), including https://airovecook.com/ (the "Sites"). We may add additional Sites from time to time as we expand our beauty offerings, and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

Please also review our Privacy Policy and the other terms and policies you may find throughout our Sites in connection with certain functionality, ordering information or promotions. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms of Use, and the other guidelines, policies and terms posted on the Sites.

AiroveCook reserves the right to change or modify any of the terms contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. If AiroveCook decides to change these Terms of Use, L’ange will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of or access to our Sites or the Services following the posting of any changes to them constitutes acceptance of those changes. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the Terms of Use that apply to your use of the Sites.

1. Binding Contract

These Terms of Use form a legally binding contract between you and us. Please read these Terms of Use carefully before accessing or using the Sites. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms of Use, and the other guidelines, policies and terms posted on the Sites.

Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant Services, and those additional terms will become part of these Terms of Use when you use those Services. Any new features or products which are added to the current store shall also be subject to the Terms of Use.

We also like to interact with you on third party sites where we post content or invite your feedback, ("Third-Party Sites"). L’ange does not control those Third-Party Sites, and these Terms of Use do not apply to companies that L’ange does not own or control, or to the actions of people that L’ange does not employ or manage. You should always check the terms of use posted on Third Party Sites.

2. Intellectual Property

AiroveCook, the AiroveCook logo, and other AiroveCook trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of AiroveCook or other affiliated companies of AiroveCook (collectively the “AiroveCook Marks”). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The AiroveCook Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of AiroveCook or the applicable trademark holder. The Services and Content (as defined herein) are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by AiroveCook or the owner of the Content.

Use of any materials on the Sites in connection with any product or service that is not offered by AiroveCook in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AiroveCook, is also prohibited.

You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites or frame any portion of the Sites. You may not circumvent any mechanisms included in the Sites for preventing the unauthorized reproduction or distribution of the content or materials contained on the Sites.

3. Accuracy of Information

From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. AiroveCook reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

While we make reasonable efforts to ensure the information provided on the Sites is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Sites. The content on the Sites is provided for informational purposes only. AiroveCook shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. See the “Disclaimer” Section below for more details.

4. Proper Use of the Sites

You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms of Use and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Sites in order to (a) determine whether a violation of these Terms of Use has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.

Certain parts of the Sites may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, usernames of accounts and other information, to comply with applicable laws and lawful government requests.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We may terminate the Services or any portion thereof, any website or webpage within the Sites or any products or services offered through the Sites or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Service, and the restrictions imposed on you with respect to the Content and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.

5. Use of Products and Services

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. L’ange does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

6. International Visitors and Shipping

We make no representation that materials contained on the Sites or products described or offered on the Sites are appropriate or available for use in jurisdictions outside the United States, or that these Terms of Use comply with the laws of any other country. Visitors who use the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Sites from any territory where its contents are illegal, and that you, and not L’ange are responsible for compliance with applicable local laws.

International orders may be subject to import taxes, customs duties and fees levied by your country’s customs process upon arrival. When ordering from AiroveCook.com, the recipient of the shipment is the importer of record and is responsible for any of these import fees, as well as complying with all laws and regulations of the destination country. AiroveCook does not collect duties and taxes and we cannot predict what your particular charges may be. Customs policies vary widely from country to country, so please contact your local customs office for more information.

7. Fraud Protection

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. AiroveCook reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, AiroveCook may reject your order, or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. AiroveCook takes these measures to protect its customers as well as itself from fraud or other unauthorized or illegal activity.

9. No Reseller Activity

The products and services available on the Sites are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from AiroveCook. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms of Use. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.

10. Comments, Feedback and Other Submissions

AiroveCook welcomes your comments and feedback regarding the Sites, and L’ange products and services. Any information, materials, suggestions, ideas or comments sent to us will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting AiroveCook an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, AiroveCook will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion, which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

11. Disclaimer of Warranties

AiroveCook IS PROVIDING THE SITES AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, OR CONTENT INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, AiroveCook DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, AiroveCook DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. L’ANGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools is” as is” and “as available” without any warranties or representations of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

12. Limitation of Liability

EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE.

AiroveCook, ITS AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

13. Indemnification

You agree to indemnify, defend and hold AiroveCook (and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or any allegation thereof. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites.

14. Copyright Infringement Notices

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide AiroveCook designated copyright agent, listed below, the following written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): (the "DMCA"):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Sites;
• 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;
• Your name, address, telephone number and email address (if available); and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

AiroveCook designated agent for claims of copyright infringement can be reached at:

Copyright Agent
c/o Legal Department
AiroveCook, Inc.
1100 S Miami ave, Suite 2606,
Miami, FL 33130
E mail: airovecook@gmail.com

15. Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, including the submission of product ratings & reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, the "Content").

For any Content that you submit, you grant AiroveCook a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Sites.

Subject to your compliance with this Agreement, AiroveCook hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Service and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”), solely for your personal, non-commercial use.

You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term, your authorization to use the Services and Content automatically terminates without notice to you.

16. Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. Chat Sessions.

AiroveCook offers its customers the ability to enter into an instant messaging session (“Chat Sessions”) with a AiroveCook Customer Care Agent (“Customer Care Agent”). In order to maintain a high standard of service and provide a safe environment for its Customer Care Agents, AiroveCook reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive AiroveCook, and/or erratic behavior or acts that violate the Terms of Use.

Due to account security restrictions Customer Care Agents are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your service, please log onto your account or email customer service at airovecook@gmail.com to complete such transactions. Customer Care Agents may request your account login username, email address, or other personally identifiable information in order to ensure the identity and security of the chat. Customer Care Agents will not request your password to confirm your account. If a Care Agent asks for your password information, please immediately discontinue the Chat Session and email L’ange at: airovecook@gmail.com.

18. No Waiver

The failure of AiroveCook to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term. Further, it shall not impact L’ange’s ability to enforce any other provision in these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

19. JURISDICTION; RISK OF LOSS; CHOICE OF LAW; FORUM

THESE TERMS OF USE, AS WELL AS ANY SOLICITATIONS, ADVERTISING, PURCHASES, AND/OR RETURNS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS.

Unless you and AiroveCook agree otherwise, to the fullest extent permitted by law, the state and federal courts that encompass Los Angeles County, California, shall have exclusive jurisdiction over any disputes (except for claims brought in small claims court) that are not subject to arbitration or over any action that seeks to enforce or challenge the enforceability of the Arbitration Agreement (defined below) or any provision of the Arbitration Agreement or Terms of Use. You and L’ange consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

ARBITRATION AGREEMENT; JURY TRIAL WAIVER; CLASS ACTION WAIVER; JURISDICTION AND VENUE.

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION (COLLECTIVELY, “CLASS ACTION”) IN ARBITRATION OR LITIGATION.
THIS SECTION ALSO ADDRESSES THAT YOU AND AiroveCook ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Most customer concerns can be resolved by reaching out to Customer Service at airovecook@gmail.com. In the event Customer Service is unable to resolve a complaint to your satisfaction, this Section explains how any dispute (as defined below) will be resolved.

a) Arbitration Agreement. YOU AND AiroveCook AGREE THAT ANY DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION BASIS). ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.

You and AiroveCook agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a dispute is subject to arbitration.

Mandatory Pre-Arbitration Informal Dispute Resolution. You and L’ange agree to engage cooperatively to try to resolve any dispute informally prior to you or L’ange initiating an arbitration proceeding. You or AiroveCook must first send a written notice to the other party providing a detailed description of the dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a AiroveCook representative (and our attorney if we are represented by legal counsel).

Your notice to AiroveCook must be sent to AiroveCook, Serhii Tkachov, 1100 S Miami ave, Suite 2606. Our notice to you must be sent to the most recent contact information that you have provided to us.

For a period of sixty (60) days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone/virtual settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a L’ange representative personally participate in an individualized, telephone/virtual settlement conference (and if we are represented by an attorney, our attorney may also participate). If the dispute is not resolved within this sixty (60) day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.

Arbitration Rules and Procedures; Individualized Relief; Fees. To begin an arbitration proceeding, you must send an arbitration demand to American Arbitration Association (“AAA”) with a copy to AiroveCook Legal Department, located at: 20310 Plummer Street, Chatsworth, CA 91311, or we must send an arbitration demand to AAA with a copy sent to you at the most current address we have on file. The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. The arbitration demand and certification must be personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a AiroveCook representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing the arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.

The arbitration will be administered by AAA under its applicable rules, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules and fee information are available at www.adr.com. If AAA is unavailable or unwilling to administer the arbitration consistent with the AAA Rules as modified by this Arbitration Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with the AAA Rules as modified by this Arbitration Agreement. Payment of all arbitration fees will be governed by the AAA Rules as modified by this Arbitration Agreement. AiroveCook will consider a request to reimburse the consumer filing fee upon a demonstration of hardship. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with AAA regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing. You and AiroveCook reserve the right to request a hearing on any matter from the arbitrator. You and AiroveCook agree that you and a AiroveCook representative will personally appear at any hearing (along with your and our respective legal counsel, if the parties are represented by counsel). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed-upon location.

The arbitration will be conducted by a single arbitrator who will apply these Terms of Use as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only. The arbitrator shall issue a reasoned written award. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after entry of an award. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you and AiroveCook. An award that has been satisfied may not be entered in court.

UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND L’ANGE AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

Additional Procedures for Mass Filings. You and AiroveCook agree that these procedures (in addition to all others provided in Section) shall also apply if you choose to participate in a “Mass Filing” (defined below).

If twenty five (25) or more similar Disputes (including yours) are asserted against AiroveCook by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), consistent with the definition and criteria of Mass Filing set forth in the AAA Rules, you understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.

If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to AAA until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section.

Severability and Survival. Except as specifically provided in the Arbitration Agreement (e.g., the Additional Procedures for Mass Filings), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

Future Changes to Arbitration Agreement. If we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address: L’ange, 20130 Plummer Street, Chatsworth, CA 91311, postmarked within thirty (30) days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and L’ange in accordance with this version of the Arbitration Agreement.

b) Waiver of Jury Trial; Waiver of Class Actions. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND AiroveCook WAIVE THE RIGHT TO A JURY TRIAL. YOU AND AiroveCook ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and AiroveCook in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND AiroveCook WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable and that neither you nor AiroveCook are entitled to arbitration, claims and disputes shall be resolved in a court located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of these courts and waive any right to a trial by jury.

This Agreement to Arbitrate will survive the termination of your relationship with AiroveCook.

20. Entire Agreement

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Services and the Sites constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

20. Entire Agreement

22. Privacy and Data Protection

AiroveCook is committed to protecting the privacy of your personal information. By using the Sites, you acknowledge and agree that AiroveCook’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

23. Automatic Renewal

If you have purchased a subscription, you agree that your subscription will automatically renew at the rate and term provided at checkout. Your default payment method will be automatically charged after the subscription or trial period if you do not cancel or extend your subscription within the period, and it will continue to be renewed at this same price and term until you cancel. You can extend your trial, cancel your subscription at no cost, or modify the items in your subscription by using our online account system or contacting L’ange customer care team at airovecook@gmail.com.

When you register for a subscription to receive products, goods, or services from L’ange on a continuing basis, you expressly acknowledge and agree that (a) AiroveCook (or our third-party payment processor) is authorized to charge you on the frequency of shipments you most recently selected (every two months or otherwise) for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the products, goods, or services in accordance with these terms. You may change any shipment or cancel your subscription at any time

Cancellation Policy

In order to cancel your subscription, you must do so at least forty-eight (48) hours prior to your next billing date which is shown on your account page. Any cancellation received with less than forty-eight (48) hours until the next billing date will not be effective until the following billing period and you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your subscription.

Automatic Renewal Of Free Trials

If you have purchased a free subscription, you agree that you will receive a free two (2) month supply of products and only pay the cost of shipping. Sixty (60) days after the date of your free trial order date, you agree that your subscription will automatically be enrolled into a subscription that renews every two (2) months for the price of the two (2) month supply at a subscription discount. Your default payment method will be automatically renewed and charged after the trial period if you do not cancel or extend your subscription within the period, and it will continue to be renewed at this same price and term until you cancel. You can extend your trial, cancel your subscription at no cost, or modify the items in your subscription by using your online account system or contacting AiroveCook Customer Service at airovecook@gmail.com.

Please note that you may not receive a notice from us that your discounted or free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate discounted and/or trials at any time, without notice, and at our sole discretion.

Questions about the Terms of Use should be sent to us at: airovecook@gmail.com