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Terms and Conditions
1. General.
Applica Consumer Products, Inc. and its affiliates ("Applica",
"we" or "us") have created and maintain this website for your
benefit, information, education and communication. By accessing
and/or using this website, you accept, without limitation or qualification,
these terms and conditions of use. We reserve the right to change
the terms and conditions from time to time at our sole discretion.
Such changes will be effective immediately upon posting to the
website. In the event of any violation of these terms and conditions,
we and our business partners reserve the right to seek all remedies
available by law and in equity for such violations. These terms
and conditions of use represent the entire understanding relating
to the use of this website and prevail over any prior or contemporaneous,
conflicting or additional communications. Any unauthorized access,
modification or change of any information, or any interference
with the availability of or access to this website is strictly
prohibited. Applica reserves all legal rights and remedies available
to it and this disclaimer shall in no way be deemed a limitation
or waiver of any other rights Applica may have.Specific areas
or pages of this website may include additional or different terms
relating to the use of this website. In the event of a conflict
between such terms and these terms of use such specific terms
shall control. Unless otherwise indicated, all material on this
site © 2001 Applica Consumer Products, Incorporated. All rights
reserved.
2. Intellectual Property.
The materials contained in this website are copyrighted and may
not be reproduced in any form, or by any means, without the express
written permission of Applica, except as expressly provided in
these terms and conditions or in the text on the website. You
may download material displayed on the website for non-commercial
personal use only, provided you retain all copyright and other
proprietary notices contained in the materials. You may not, however,
reproduce, republish, display, perform, distribute, modify, transmit,
reuse, re-post, or use the content of this website for public
or commercial purposes, including, without limitation, the text,
images, audio and video, without the express written permission
of Applica. Applica neither warrants nor represents that your
use of materials displayed on the website will not infringe rights
of third parties not owned by or affiliated with Applica. Images
of people or places displayed on the website are either the property
of, or used with permission by, Applica.The use of these images
by you, or anyone else authorized by you, is prohibited unless
specifically permitted by these terms and conditions or specific
permission provided elsewhere on the website. Any unauthorized
use of the images may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications regulations
and statutes. The trademarks, logos, and service marks (collectively
the "Trademarks") displayed on the website are registered and
unregistered Trademarks of Applica and other third parties that
have authorized the use of such Trademarks on the website. Nothing
contained on the website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark
displayed on the website without the written permission of Applica
or the appropriate third party. Your use of the Trademarks displayed
on the website, or any other content on the website, except as
provided in these terms and conditions, is strictly prohibited.
You are also advised that Applica will aggressively enforce its
intellectual property rights to the fullest extent of the law.
3. Disclaimer.
Applica makes no representations or warranties that this website
is free of defects, viruses or other harmful components. We shall
not be responsible for any damages or loss that may result from
the hacking or infiltration of this website or Applica's computer
systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION
AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS
WEBSITE AND YOU AGREE TO HOLD APPLICA HARMLESS FROM, AND YOU COVENANT
NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING
CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM
USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this
website may contain technical inaccuracies, outdated information
and typographical errors. Use of the website is at the risk of
the user. To the extent permitted by applicable law, THIS WEBSITE
IS PROVIDED "AS IS." NEITHER APPLICA NOR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR
ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE
DAMAGES ARISING OUT OF ACCESS TO, OR USE OF, THE WEBSITE INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT
GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY
TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE
ON THE INFORMATION PRESENT, EVEN IF APPLICA OR ITS SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING
THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING,
USAGE, OR TRADE PRACTICE. APPLICA DOES NOT IN ANY WAY GUARANTEE
THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION,
CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED,
OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE.
WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT
DEFECTS WILL BE CORRECTED. Applicable law may not allow the exclusion
of implied warranties, so the above exclusion may not apply to
you. We also assumes no responsibility, and will not be liable
for, any damages to, or viruses that may infect, computer equipment
or other property on account of your access to, use of, or browsing
in this website or your downloading of any materials, data, text,
images, video, or audio from the website.
4. Privacy of User Information.
Please see our Privacy Policy for information regarding the collection
of personal information from this website. Despite any representations
concerning privacy, Applica reserves the right to disclose without
notice to you any information in its possession if required to
do so by law or upon a good-faith belief that such action is necessary
to comply with the law, to protect or defend our rights or property,
or to respond to an emergency situation. Specific areas or pages
of this website may include additional or different terms relating
to the use of personal information collected from such areas or
pages.
5. Availability of Products and Services.
The information provided at this website is published throughout
the world. Applica controls and manages this website from its
facilities in the United States of America. Unless otherwise stated,
materials and content on this website are presented solely for
promoting products and services in the United States of America.
Information published on this website may contain references to
products, programs and services that are not announced or available
in your country or region. We make no representation that such
information, products, programs or services referenced on this
website are legal, available or appropriate in your country or
region. Please contact your local sales representative for information
as to products and services available in your country.
6. Links to Third Party Sites.
This website may contain links to third party sites. Such linked
sites are not under the control of Applica, and we are not responsible
for the accuracy or reliability of any information, data, opinions,
advice or statements contained on any such linked sites. Access
to any other Internet site linked to this website is at the user's
own risk. We have not reviewed the sites linked to the website.
We provide these links merely as a convenience and the inclusion
of such links does not imply an endorsement by Applica of such
third party sites or any goods or services offered by such third
parties.
7. User Content.
Applica is pleased to hear from its customers, however we do
not accept or consider any creative ideas, suggestions or other
materials related to products, services or marketing except in
compliance with the procedures outlined for idea submissions outlined
elsewhere in this website (please see our Innovation Forum page).
Please do not send us any original creative materials such as
product ideas or suggestions except in compliance with such procedures.
Anything you disclose or offer to us by or through this website
("Communications"), including e-mails to Applica or postings on
interactive portions of this website, shall be deemed and shall
remain the property of Applica. If you send us such Communications,
you are providing it to us on a NON-CONFIDENTIAL BASIS, and we
will have no obligation to keep such information secret, to refrain
from using such information, or to compensate you for the receipt
or use of such Communications. Applica is free to use, for any
purpose whatsoever, any Communications, including but not limited
to publishing, or developing, manufacturing, and marketing products
using such Communications. By submitting Communications to us
through this website, through e-mail, or through any means other
than through the procedures outlined elsewhere in this website,
you hereby RELEASE Applica from any liability under any legal
theory in connection with the use, modification, sale, or disclosure
of any Communications. By uploading or otherwise providing any
Communications to this website or Applica, you hereby grant Applica,
to the extent you retain any rights, the unlimited, perpetual
right to reuse, redistribute, modify and create derivative works
from such Communications for any purpose and in any media without
compensation, and you warrant that all "moral rights" in uploaded
Communications have been waived.
8. Interactive Areas and Code of Acceptable Conduct.
Applica does not ordinarily filter, censor, edit or regulate
information and content provided by third parties on this website,
including any such information provided in interactive areas,
and we neither endorse nor are responsible for (and under no circumstances
shall be liable for) the contents, accuracy or reliability of
such information and content. When participating in interactive
portions of this website, you represent that you have proper right
and authorization to use any information or content you upload
or post and agree to abide by the following code of acceptable
conduct: You will not upload or otherwise provide infringing,
defamatory, obscene, pornographic, threatening, abusive, illegal
or otherwise improper content. You will not upload viruses or
harmful components. You will not use the website to further any
illegal purpose or to violate the rights of any party. You will
not upload or otherwise provide content with a commercial purpose
or attempt to solicit funds or advertise goods and services. Applica
will assist law-enforcement officials investigating illegal activity
or violations of these terms of use.
9. Products, Services and Software.
A description or reference to a product, service or publication
on this website (including any description or reference via hyperlink)
does not imply endorsement by Applica of that product, service
or publication. Products and software offered through this website
shall be warranted, if at all, through the written license or
warranty provided in connection with such product or software.
Downloading software from this website does not give you title
to such software, including any files, data and images incorporated
in or associated with the software. Your use of any such software
shall be only in accordance with the license agreement that is
included with the software or presented upon download of such
software. Software available on this website is copyrighted by
Applica or its owner. Software may not be copied, redistributed
or placed on any server for further distribution. You may not
sell, modify, decompile, disassemble, or otherwise reverse engineer
the software.
10. Jurisdiction and Choice of Law.
These Terms and Conditions shall be governed by and construed
in accordance with the laws of the State of Florida and the United
States of America, without giving effect to any principles of
conflicts of law. You and Applica irrevocably consent to the exclusive
jurisdiction of the courts located in Florida in connection with
any action arising out of or related to these terms of use or
their subject matter. You and Applica waive any objection based
on lack of personal jurisdiction, place of residence, improper
venue or forum non conveniens in any such action.
13. Severability.
If any provision of these terms of use shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed severable from the remaining terms of use and shall
not affect the validity and enforceability of any remaining provisions.
All contents copyright © 2001 Applica Consumer Products, Inc.
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