Terms of Use  |  Accessibility  |  Privacy Policy  |  Legal Statement  |  Copyright Policy

Terms of Use

Last updated: (August 20, 2024)

These Terms of Use, together with our Privacy Policy, and any other legal notices, terms, and policies expressly incorporated herein (collectively, these “Terms of Use”), are a binding agreement between you and Component Design Northwest, Inc., an Oregon corporation (“CDN”, “us”, “our,” or “we”).  By downloading, installing, registering with, accessing, visiting, or otherwise using (collectively, “interacting”) the websites at www.CDNmeasurement.com and www.CDNkitchen.com (collectively, our “Website”) or the CDN-BT482 mobile application and all other mobile applications developed for products we offer (collectively, our “App”), you are agreeing to these Terms of Use.  Our Website and App are collectively referred to herein as our “Services”.

Please read our Terms of Use carefully before you start interacting with our Services, which govern your access and use of our Services, including any content, functionality, and services offered through our Services.   By engaging, registering with, accessing, downloading, installing, visiting, or otherwise using (collectively “interacting”) our Services, you accept and agree to be unconditionally bound and abide by these Terms of Use. You agree to use our Services only in accordance with these Terms of Use, whether you are a “Visitor” (which means that you simply browse our Services as an unregistered user) or are a “Member” (which means you have registered and have an account with us).  The term “User” means a Visitor or a Member.   If you do not want to agree to these Terms of Use, you must not interact with our Services.  If you register to become a Member you may be required to indicate your acceptance to these Terms of Use during the registration process.

We reserve the right to withdraw or amend our Services at our sole discretion without notice.  We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period.  From time to time, we may restrict access to some parts or all our Services to Users, including Members.

Eligibility to Use our Services 

You must be at least 18 years old to use our Services.  By using our Services, you represent and warrant that you are 18 years of age or older.  If you are not 18, you are not permitted to access or use our Services.  Use of our Services and its features and registration to be a Member (“Membership”) are void where prohibited.  By using our Services and its features, you represent and warrant that (a) meet these eligibility requirements; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of our Services and its features does not violate any applicable law or regulation.  You agree that all information you provide for Membership or otherwise, including, but not limited to, through the use of any interactive features on our Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Your Use of Our Services

You agree not to use our Services for any unlawful purpose.  You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer our Services or any portion thereof or use it in any manner not expressly authorized by these Terms of Use.  You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of our Services.  Tampering with our Services or any of the features or content available on our Services, misrepresenting the identity or age of a User, or conducting fraudulent activities on our Services are prohibited.

Accessing our Services does not authorize you to use any name, logo, trademark, or service mark in any manner.  We only grant you permission to display, download, and print in hard copy format other content on our Services for the purposes of using our Services as an internal or personal business resource.  These permissions terminate automatically if you breach any of these Terms of Use. You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, photocopy, or reproduce any content without the prior written permission of CDN or the applicable owner.  Specifically, you may not:

  • Modify copies of any materials from our Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services.
  • Access or use for any commercial purposes any part of our Services or any materials available through our Services.

If you wish to make any use of material on our Services other than that set out in this section, please address your request to:

CDN Legal Department
3456 NW Yeon Avenue
Portland, OR 97210-1528

CDN may grant third parties the right to “link” another website to our Services.  Any request for such right must be made to CDN in writing.  A third party that is granted the right to “link” to our Services must use the URL linking mechanism supplied by CDN.  Any alteration, change, modification, adjustment, or revision to “link” must be approved by CDN in writing prior to implementation. These permission will terminate automatically if you breach any of these Terms of Use.  Any other use of the content on our Services, including reproduction for purposes other than as noted above, including any reproduction, modification, distribution, or republication of content on our Services, may violate copyright or trademark laws, and, without the prior written permission of CDN, is strictly prohibited.

You are responsible for your use of our Services, and for any use of our Services made using your account.  Our goal is to create a positive, useful, and safe user experience.  You agree not to use our Services:

  • In violation of any applicable federal, state, local, or international law or regulation.
  • To exploit, harm, or attempt to exploit or harm minors (defined, for purposes of these Terms of Use, as a User under the age of 18) in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use, including posting or transmitting any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate CDN, a CDN employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, or usernames associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm CDN or users of our Services or expose them to liability.

Your Use of Our App

You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using our App.  As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing our App.  You may also incur third-party charges.  You accept responsibility for any such charges that arise.  If you are not the bill payer for the mobile telephone or handheld device being used to access our App, you will be assumed to have received permission from the bill payer for using our App.

All email notifications containing specific messages, correspondences and other related writings are generated by owners and/or operators of CDN.  Owners and/or operators are responsible for the delivery and content of all notifications.  CDN and its affiliates are not responsible for the content of any correspondence by and between owners and/or operators.

Our App is available to handheld mobile devices running Apple iOS and Android OS operating systems.  You must have a compatible mobile telephone or handheld device, Internet access (if required by our App), and the necessary minimum specifications (“Software Requirements”) to use our App.  The Software Requirements for Apple iOS devices and Android OS devices can be found on the relevant App Store page.  The version of our App software may be upgraded from time to time to add support for new functions and services.  Our App may request certain privacy permissions from time to time including, but not limited to, access to your device camera or choosing images from your device or access to your device microphone and associated features.

Site Security

If you register to become a Member, you will be asked to provide an email address and password.  You are solely responsible for maintaining the confidentiality of this information.  You are not permitted to allow anyone else to use your use name and password to log into our Services.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personally identifiable information.

You must notify us immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account, so please be vigilant in protecting its confidentiality.

You are strictly prohibited from violating or trying to violate the security features of our Services, such as by:

  • Accessing data not intended for you or logging onto a server or an account which you are not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing.
  • Attempting to interfere with service to any user, host or network, such as by means of submitting a virus to our Services, overloading, “flooding,” “spamming,” “mail bombing” or “crashing.”
  • Sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
  • Violating, infringing, or misappropriating other people’s intellectual property, privacy, publicity, or other legal rights.
  • Engaging in spidering or harvesting, or participating in the use of software, including spyware, designed to collect data from our Services.
  • Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Using any means to scrape or crawl any web pages contained in our Services.
  • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Services.
  • Using our Services in any manner that could disable, overburden, or damage our Services or interfere with any other party’s use of our Services, including their ability to engage in real time activities through our Services.
  • Using any device, software, or routine that interferes with the proper working of our Services.
  • Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the servers on which our Services are stored, or any server, computer, or database connected to our Services.
  • Attacking our Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Violating any law or regulation.
  • Advocating, encouraging, or assisting any third party in doing any of the foregoing.

If you violate our system or network security, you may face civil or criminal liability.  We will investigate occurrences that may involve such violations.  We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.  We reserve the right to disable any username, password, or other identifier at any time and in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

Our Services and its contents, features, and functionality (including but not limited to all information, software, text, icons, displays, images, photographs, illustrations, video, audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our Company name, CDN, CDN KITCHEN, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You shall not use such marks without our prior written permission.  All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

Our Services may contain the content of other Users and other licensors.  We do not claim any ownership rights in such content (including but not limited to text, images, photos, and videos), that you post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) on our Services (“User Contributions”).  Your User Contributions are considered non-confidential and non-proprietary. After posting your User Contributions, you continue to retain any such rights that you may have in your User Contributions, subject to the limited license herein.  Except as provided within the Terms of Use, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content, including User Contributions, which appear on or through our Services.

User Contributions

By posting User Contributions, you hereby grant us an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce, and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such content on or through our Services.  Our license to your User Contributions is non-exclusive, meaning you may use the User Contributions for your own purposes or let others use your User Contributions for their purposes.  This license is also fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Contributions.  We may exercise our rights under this license anywhere in the world.  This license is perpetual, meaning that our rights under this license continue even after you stop using our Services.

This foregoing license is for the purpose of operating and improving our Services, to develop products and services, and for other CDN marketing purposes, including without limitation in catalogs, email and other customer communications, corporate materials, and other marketing.  We may display advertisements in connection with your User Contributions or on pages where your User Contributions may be viewed by you or others, and we may use your User Contributions to advertise and promote CDN or our Services.

All User Contributions must comply with the following User Content Standards.  By posting any content, you represent and warrant that: (a) you own the content or otherwise have the right to grant the licenses set forth above; and (b) and posting will not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity.  You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any User Contribution you make.  From time to time, we may remove User Contributions (whether in whole or in part) from our Services, permanently or temporarily.

User Content Standards

User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

  • Reveal sensitive personal information.
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

We may reject, refuse to post, or delete any User Contributions for any or no reason, including, without limitation, content that in our sole judgment violates these Terms of Use.  We assume no responsibility for monitoring our Services for inappropriate content or conduct.  If at any time we choose, at our sole discretion, to monitor our Services, we nonetheless assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.

We are not responsible for and make no warranties, express or implied, as to any content on our Services, including, without limitation with respect to the accuracy and reliability of the content, including User Contributions, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by our Services, or otherwise.  User Contributions do not necessarily reflect our opinions or policies.

If you believe that any User Contributions violates your copyright, please see the section on Copyright Infringement below for instructions on sending us a notice of copyright infringement.  It is the policy of CDN to terminate the user accounts of repeat infringers. 

User Comments

We welcome your comments about our Services.  However, any comments, feedback, notes, messages, information, materials, ideas, suggestions, or other communications (collectively “Comments”) you send to us shall be and remain the exclusive property of CDN.  You hereby assign all your rights in such Comments, including any copyrights, to CDN in perpetuity throughout the world for any and all present or future uses in any and all languages, for no compensation.  All Comments will be treated as non-confidential and non-proprietary.  CDN shall be under no obligation of any kind with respect to such information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Transmissions to others without limitation.  Additionally, CDN may use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information without restriction and without compensating you in any way.  For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.

Third-Party Links

Content, including User Contributions, may contain links to other websites.  Inclusion of any linked website on our Services does not imply our approval or endorsement of the linked website.  We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored, or checked for accuracy or completeness by us.  When you access these third-party websites and applications, you do so at your own risk.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from our Services by submitting written notification to our designated copyright agent:

Copyright Agent
CDN Legal Department
3456 NW Yeon Avenue
Portland, OR 97210-1528

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”),

  • Your contact information (address, telephone number, and email address);
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement that you are the copyright owner or authorized to act on behalf of the copyright owner and that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • Your affirmation, under penalty of perjury, that the information you provided is accurate; and
  • A physical or electronic signature.

If you fail to comply with all the requirements of Section 512(c) (3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on our Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above.  Your Counter Notice must include:

  • Your contact information (address, telephone number, and email address);
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement that you are the copyright owner or authorized to act on behalf of the copyright owner, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content, and that you consent to the jurisdiction of the federal court in Portland, Oregon, and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
  • Your affirmation, under penalty of perjury, that the information you provided is accurate; and
  • A physical or electronic signature.

We will forward your complete counter-notification to the party who submitted the original claim of copyright infringement.  By submitting a counter-notification, you consent to having any personal information you provide in your counter-notification revealed to the notifying party.  We will not forward the counter-notification to any party other than the original claimant.  The DMCA allows us to restore the removed content if the party filing the original DMCA notice does not file a court action against you within 10 business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on our Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

For clarity, only copyright infringement notices should go to our Copyright Agent.  You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

Disclaimers

We take no responsibility for third-party advertisements, applications, or content that are posted on or through our Services, nor do we take any responsibility for the goods or services provided by our advertisers.  We are not responsible for the conduct, whether online or offline, of any User of our Services including, without limitation, any User Contributions.  By voluntarily uploading content in your User Contributions, including any sensitive or personal information you choose to disclose, you acknowledge and agree that you do so at your own risk.  We disclaim any responsibility for disclosures arising from such voluntary submissions, and you are solely responsible for the content you choose to share with us in your User Contributions, Comments, or otherwise.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, and any User Contributions. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of our Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with our Services.

Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of our Services, from any User Contributions posted on or through our Services, or from the conduct of any Users, whether online or offline.  Additionally, we shall have no liability for any viruses or anything beyond our control.  We are not responsible for any damage to your computer, software, modem, cellphone, or other property resulting from your use of our Services.  We will not be liable to you if you are unable to access information through our Services.

Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain limitations or exclusions in these Terms of Use may not apply to you.

CDN IS PROVIDING THIS SITE AND ITS CONTENT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS TO ITS SERVICES OR THEIR OPERATION OR CONTENT.  ALTHOUGH CDN BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, CDN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON ITS SERVICES IS ACCURATE, COMPLETE, OR CURRENT.

Limitation of Liability

IN NO EVENT SHALL CDN OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR COMPENSATORY, INCIDENTAL, DIRECT, SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENTS OF CDN’S SERVICES, IRRESPECTIVE OF WHETHER CDN HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.  IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Indemnification

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of our Services in violation of the Terms of Use, and/or arising from a breach of the Terms of Use and/or any breach of your representations and warranties set forth in the Terms of Use, and/or arising out of or relating to any User Contributions or Comments that you submit or  third party transaction that you enter or attempt to enter in connection with our Services.

Miscellaneous

These Terms of Use will be construed, and their performance enforced, under the laws of Oregon without reference to choice of law principles.  Any dispute relating to these Terms of Use or our Services may be litigated only in a court having jurisdiction and venue in Multnomah County, Oregon, for state court causes of action and in the District of Oregon for federal court causes of action.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.  We may assign the Terms of Use, in whole or in part, to a related entity or to a third party.

EACH OF THE PARTIES KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER (COLLECTIVELY, “CLAIMS”).  EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  ANY CLAIMS YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

These Terms of Use are accepted upon you interacting with our Services or any of its features and is further affirmed upon you becoming a Member.  These Terms of Use constitute the entire agreement between you and the Company regarding your use of our Services and its features.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  The Terms of Use operate to the fullest extent permissible by law.  If any provision of the Terms of Use is unlawful, void, or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Privacy Policy

All information we collect on our Services is subject to our Privacy Policy.  By using our Services, you acknowledge that you have read and understand our Privacy Policy and consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  You agree that, if our Privacy Policy changes, we will notify you the next time you visit our Services via a pop-up notification.  You may review our Privacy Policy at any time.

Changes to Terms of Use

CDN reserves the right to revise these Terms of Use by updating this posting without prior notice.  All changes are effective immediately when posted and apply to all access to, and use of, our Services.  If we revise these Terms of Use, we will notify you the next time you visit our Services via a pop-up notification.  You agree to be bound by any such revisions.  You are expected to periodically visit this page to determine the then current Terms of Use.  If you are dissatisfied with our Services, the content of our Services, or any terms and conditions herein (including as modified), you agree that your sole and exclusive remedy is to discontinue using our Services.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to our Services should be directed to info@CDNmeasurement.com.

Accessibility

We strive to make our website content accessible and user-friendly. If you are having difficulty viewing the content on this website or navigating the site, please call Customer Service at 1-800-338-5594 or send us an email and we will be happy to assist you.

Privacy Policy

Last updated: (August 20, 2024)

This Privacy Policy (this “Policy”) describes how we collect, protect, use, and disclose information and data collected and created in the course of your access to and use of our websites at www.CDNmeasurement.com and www.CDNkitchen.com (collectively, our “Website”), the CDN-STP212 mobile application and all other mobile applications developed for products we offer (collectively, our “App”), our services, and products.  Our products and services including our Website and App are collectively referred to herein as our “Services”.  Component Design Northwest, Inc. (“CDN”, “us”, “our,” or “we”) respects your privacy and recognizes your need for appropriate protection and management of your Personal Information (defined below).   Your privacy is important, and we encourage you to read this Policy carefully to understand the information we collect and what we do with it.

Consent

This Policy constitutes an agreement between you and CDN.  Please read this Policy carefully to understand our policies and practices regarding the information collected, and how we will treat it.   By engaging, registering with, accessing, downloading, installing, visiting, or otherwise using (collectively “interacting”) our Website, our App, or otherwise submitting information to CDN, you consent to this Policy and the collection and use of information as described below.  We will take steps to notify you and confirm that you agree at different stages of collecting information.  If you do not agree with our policies and practices, your choice is to not interact with our Services.

Scope

This Privacy Policy applies to information that we collect:

  • When you interact with our Website.
  • When you interact with our App.
  • When you submit your information to us on or through our Services.
  • When you register with us.
  • Through email and other communications with you (including telephone calls).
  • Through third parties that we work with to provide our Services.
  • By any other means over the course of your use of our Services.

This Policy does not apply to information collected by us through other applications or content, including any other websites not operated by us, nor to information collected by any third party, including our [subsidiaries], affiliates, or third-party service providers.

Children Under Age 18.  CDN products and services are designed for adults, not children.  As such, our Services are not intended for children under 18 years of age.  No one under age 18 may provide any Personal Information to or on our Services.  If you are under 18, do not use or provide any information on our Services or on or through any of our Services’ features, register on our Services, make any purchases through our Services, use any of the interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use.  If we learn we have collected or received Personal Information from a child under 18 we will delete that information.  If you believe we might have any information from or about a child under 18, please contact us at 800-338-5594.

Information We Collect

We collect two basic types of information:

  • Information that identifies (whether directly or indirectly) a particular individual, such as your name, postal address, email address, payment information, telephone number (“Personal Information”).
  • Information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual (“Anonymous Information”), such as your occupation and interests. When Anonymous Information is directly or indirectly associated with Personal Information, the resulting information is also treated as Personal Information.
  • Our Smart Probe™ Thermometer App collects the location data. The purpose of the app’s collection of location is for Bluetooth, and it is only stored in the memory, not retained, and not used for other purposes.

We may use Personal Information and Anonymous Information to create a third type of information: information about groups or categories of individuals, which does not identify and cannot reasonably be used to identify an individual (“Aggregate Information”).

How We Collect & Use Your Information

            Information Collected Directly from You.    If you choose to set up an account, subscribe to a service, register to receive catalogs, participate in contests, sweepstakes or promotions, or receive other services, we may ask you to provide certain Personal Information such as your name, shipping/billing address, telephone number, email address, payment information, occupation, interests, and other Personal Information for these purposes.  Any information you provide is voluntary, but please note that some information may be necessary for us to provide you with certain services, offers and content on our Services.  We may also maintain a record of your product purchases.  We take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable.

We use your contact information to provide you with the services you request as well as for analytical and direct marketing purposes, such as:

  • Confirming, sending, and tracking your order, subscription, or registration;
  • Communicating with you about your order, subscription, or registration;
  • Analyzing preferences, trends, and statistics;
  • Informing you of our new products, services, and offers; and
  • Providing you with other information from and about CDN.

We will only contact you in ways compatible with your communications choices.  However, even if you have opted-out of receiving marketing communications from us, we may need to contact you to address questions or issues specific to the services you have requested.

            Information Automatically Collected from You.  We may automatically collect information about you from your use of our Services.  For example, when you visit our Services, we collect and use:

  • Usage Data. When you interact with our Services, we may automatically collect certain details of your access to and use of our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through our Services.
  • Device Information. We may collect information about your device and internet connection, including your device’s unique device identifier, Internet Protocol (“IP”) address, operating system, browser type, mobile network information, and the device’s telephone number.
  • Stored Information and Files. Our Services may access metadata and other information associated with other files stored on your device.  This may include, for example, photographs and other information from your device’s camera and photo library.
  • Location Information. Our Services may collect real-time information about the location of your device.

The technologies and tools we use for automatic information collection include:

  • A cookie is a small data file that is placed on the hard drive of your computer when you visit a website.  When you visit our Websites, we send one or more cookies to your computer or other device.  We may also use cookies in emails that you receive from us.  We use cookies to improve the quality of our Services when you visit our Website and other websites of interest to you.  We also use cookies to remind us of who you are, tailor our products, Services, and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to our Websites, track your status in our promotions, contests, and sweepstakes, and/or analyze your visiting patterns.  You can opt out of accepting cookies by adjusting your browser settings to not accept cookies or to notify you when you are sent a cookie.  However, certain features of our websites or other services may not work if you delete or disable cookies.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash Cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash Cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Some pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Analytics. We collect analytics information from [our web services provider(s) and Google Analytics].  This includes information such as how often users visit our Services, what pages they visit when they do so, what other sites they used prior to coming to our Services, and users’ IP addresses.  We use the information we get from analytics tools only to improve our Services, and do not combine the information collected with Personal Information.

These automatic data collection technologies may be employed by third parties who may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use our Service.  The information these third parties collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services.  They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used.  If you have any questions about an online advertisement or other targeted content, you should contact the responsible provider directly.  For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

            Information We Collect from Third Parties About You.  We collect information about you from the following third parties and third-party tools in connection with our Website:

  • Social Media Sites. If you access our Website from a social networking site (e.g., Facebook or YouTube), or if you otherwise agree to associate your account with us with a social networking site, we may also receive Personal Information about you from such social networking site.  Our receipt of your Personal Information via a social networking site is governed by the terms of use and privacy policy of the social networking site.  We may retain this information with the information we collect from you directly.
  • Google Analytics. Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our Website.  The cookie cannot be used by anyone but Google.  We do not control Google’s tracking technologies or how Google may use them.  Google’s ability to use and share information collected by Google Analytics about your visits to our Website is restricted by Google Analytics’ Terms of Use and Google’s Privacy Policy.  If you have any questions about how Google Analytics uses your information, please contract Google directly.  For more information on how to opt-out of Google Analytics, see Choices About How We Use and Disclose Your Information.

Please note that in most instances, these third-party tools do not collect Personal Information.  Please reach out to each service provider directly for more information on whether its analytics tool(s) collects any Personal Information and whether, if so, it is de-identified or anonymized.

            Ways We Might Use Your Information.  In addition to the uses and purposes mentioned above, we might use information that we collect about you or that you provide to us, including any Personal Information:

  • To present our Services and their contents to you.
  • To provide you with information, products, or services that you request from us.
  • To allow you to participate in interactive features on our Services or to notify you about changes to our Services.
  • To carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
  • To protect your privacy and enforce this Privacy Policy.
  • If we believe it is necessary to identify, contact, or bring legal action against persons or entities who may be causing injury to you, to CDN, or to others.
  • To fulfill any other purpose for which you provide your information.
  • To protect our rights and property.
  • To comply with a law, regulation, legal process or court order.
  • For any other purpose with your consent.

Who Has Access to Your Information

We do not share, sell, rent, or transfer your Personal Information other than as described in this section.  CDN employees who have access to your Personal Information are trained to maintain strict confidentiality standards.  CDN does not transfer any contact information to other marketers and will honor your requests not to receive email when requested.  However, we may share contact information and other data with businesses controlling, controlled by, or under common control with CDN.

We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. (“Service Providers”).  We provide our Service Providers with the information needed for them to perform these services.  We also ask our Service Providers to confirm that their privacy practices are consistent with ours.  We allow some Service Providers to assist us with behavioral advertising by collecting and analyzing certain information when you visit our websites (e.g., click stream information, browser type, time and date, subject clicked or scrolled over).  These Service Providers typically use a cookie or third-party web beacon to collect this information.  You may opt out of behavioral advertising at any time by visiting http://www.networkadvertising.org/choices or www.aboutads.info/choices/ or as instructed in the Choices About How We Use and Disclose Your Information section of this Policy.

In addition, we may disclose your Personal Information:

  • If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.
  • To law enforcement agencies or for an investigation related to public safety.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of CDN, our customers, or others.
  • To a buyer or other successor, in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event, we may transfer the personal information that we have collected or maintain to the buyer or other successor.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

Security

We employ appropriate and reasonable safeguards to maintain the security, confidentiality, and integrity of information that we collect about you.  It is our policy to treat your account information with complete confidentiality.  We maintain physical, electronic, and procedural security measures to safeguard your Personal Information.  We update and test our technology to improve the protection of our information about you and to assure the integrity of that information.

While we employ reasonable measures to protect Personal Information, we cannot guarantee that unauthorized third parties will not defeat those measures or use non-public Personal Information for improper purposes.  We are not responsible for circumvention of any privacy settings or security measures contained on our Services, or actions of third parties.

The safety and security of your information also depends on you, and you are responsible for keeping your password confidential.  Also remember to log off your account and close your browser window when you have finished your visit.  This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.

Links to Other Websites 

Our Services may contain links to websites operated and maintained by third parties, over which we have no control.  You access such linked websites at your own risk.  You should always read the privacy policy of a linked website before disclosing any of your information on such website.

Choices About How We Use and Disclose Your Information

            Opting Out of Marketing.  We want to communicate with you only if you want to hear from us.  You have the right to submit a complaint or object to our collection and use of your information at any time, or to require us to review, transmit, change, or delete your information that we have collected and retained.  We will fulfill your request to exercise any of these rights within 30 days of receiving a complete request.  You can exercise these rights, express concerns, or obtain additional information about the use of your Personal Information by contacting us by phone at 1-800-338-5594 or by email.  Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive.  If you like, you may use one of the following statements in your message to us:

  • I prefer not to receive email advertisements, such as updates regarding products and services, special promotions or upcoming events.
  • I prefer not to receive direct mail advertisements, such as periodic catalogs and mailings regarding products and services, special promotions or upcoming events.

You may also click the designated link at the bottom of all email advertisements to be removed from future email updates.  Please note that any requests to remove or update your contact information may take up to five days for your request.

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly. Other ways to opt-out of specific data collection technologies that we utilize include:

    • Google Analytics.  Google has a browser add-on for opting out of Google Analytics which can be found here: https://tools.google.com/dlpage/gaoptout.
    • Do Not Track Signals.  Some Internet browsers include the ability to transmit “Do Not Track” signals.  Since uniform standards for “Do Not Track” signals have not been adopted, our Website does not process or respond to “Do Not Track” signals. In addition, CDN may use other technology that is standard to the internet to track visitors to this website.  Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
  • Location Information. You can choose whether or not to allow our App to collect and use real-time information about your device’s location through your device’s privacy settings.  If you block the use of location information, some parts of our Services may become inaccessible or not function properly.
  • In-App Notifications. We may occasionally send you notifications through both in-App alerts and phone notifications to enhance your user experience and keep you informed about important updates, promotions, or relevant context.  You can adjust your notification preferences by accessing your settings within the App or through your phone settings.
  • SMS Communications. By providing your mobile phone number and using our mobile application, you consent to receiving SMS messages from us.  We may use SMS communications to provide you with important updates, account information, or promotional offers related to our Services.  You can opt-out of these communications at any time by following the instructions provided in the SMS messages or by adjusting your notification preferences in the App settings.  Please note that standard messaging and data rates may apply depending on your mobile carrier plan.

We do not control third parties’ collection or use of your information to serve interest-based advertising.  However, these third parties may provide you with ways to choose not to have your information collected or used in this way.  You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website at https://thenai.org/opt-out/.

            Your rights.  You have the right to submit a complaint or object to the collection and use of your information by CDN at any time, or to require CDN to review, transmit, change, or delete your information that we have collected and retained.  CDN will fulfill your request to exercise any of these rights within 45 days of receiving a complete request.  We cannot delete your Personal Information except by also deleting your user account.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your State Privacy Rights

If applicable, state consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.  Please know that we do not currently trigger the applicability thresholds of current state-specific consumer privacy laws.  We do not sell your Personal Information, nor do we process it for targeted advertising or profiling.  If you think a state-specific right applies, please send your rights request to info@CDNmeasurement.com.

California Civil Code sections 1798.83 permits users of our websites that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.  To make sure a request, please send an email (info@CDNmeasurement.com) with the subject line “Request for California Privacy Information” or contact us at the contact information provided below.

Unauthorized Use 

If you become aware of any unauthorized submission of information to CDN, including children’s information, please inform us by contacting us at the contact information listed below so that we may delete it.

Terms & Conditions

The Terms & Conditions of our Services govern all matters not set forth in this Policy.  We encourage you to familiarize yourself with our Terms & Conditions.

Changes to this Policy

If this Policy changes, we will notify you the next time you visit our Services via a pop-up notification.  You may review our Policy at any time by clicking on our home page and selecting the link labeled “Privacy Policy.”  Our privacy policy was last updated on August 20, 2024.

Contact Information 

If you have any further questions about our collection and use of your Personal Information, or if you wish to exercise any of your rights over your Personal Information or if you have any questions about this Policy, please contact us at:

Toll Free: 800-338-5594
Email: info@CDNmeasurement.com

Mailing address:
CDN
PO Box 10947
Portland, OR 97296-0947

Legal Statement

Last Updated July 16, 2018

Copyright 2018 CDN All Rights Reserved.

CDN® is a registered trademark of Component Design Northwest, Inc.

All images, illustrations, designs, photographs, video clips, text, icons, designs written information and other materials that appear on this website and the CDN-BT482 mobile application and all other mobile applications developed for products offered by CDN (collectively, the “Content”) are subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Component Design Northwest, Inc. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this website is strictly prohibited. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content. Component Design Northwest, Inc. and its affiliates and licensors reserve complete title and full intellectual property rights in any Content you download from this Website and expressly reserve all intellectual property rights that are not expressly reserved herein.

cdnmeasurement.com Website Copyright Policy

Last Updated July 2018

Component Design Northwest, Inc., an Oregon corporation, and/or any of our subsidiaries or affiliates (“CDN,” “we,” “us,” etc.) responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that your work has been used on the CDN website in a way that constitutes copyright infringement, please notify our Copyright Agent at the address below.  Your notification must include:

  • Your contact information (address, telephone number, and email address);
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement that you are the copyright owner or authorized to act on behalf of the copyright owner and that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • Your affirmation, under penalty of perjury, that the information you provided is accurate; and
  • A physical or electronic signature.

If you believe that content or data that you uploaded, submitted, stored, sent, or received via the CDN website was removed or disabled due to a mistake or a misidentification of the content as infringing, please send a counter-notification to our Copyright Agent at the address below.  Your notification must include:

  • Your contact information (address, telephone number, and email address);
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement that you are the copyright owner or authorized to act on behalf of the copyright owner, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content, and that you consent to the jurisdiction of the federal court in Portland, Oregon, and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
  • Your affirmation, under penalty of perjury, that the information you provided is accurate; and
  • A physical or electronic signature.

We will forward your complete counter-notification to the party who submitted the original claim of copyright infringement. By submitting a counter-notification, you consent to having any personal information you provide in your counter-notification revealed to the notifying party.  We will not forward the counter-notification to any party other than the original claimant.  After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled.  If we receive such notification we will be unable to restore the material.  If we do not receive such notification, we may reinstate the material.

Please contact our Copyright Agent at:

Copyright Agent

CDN Legal Department

2355 NW Vaughn Street

Portland, OR 97210-2311

For clarity, only copyright infringement notices should go to our Copyright Agent.  You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.