PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS
WEBSITE. By using or accessing this website you signify your acknowledgment and
assent to the terms and conditions of use set forth below. If you do not agree to
these terms of use, please do not use this website. Newell Rubbermaid is free to
revise these terms of use at any time by updating this posting, and your use after
such change signifies your acceptance of the changed terms. Please check these terms
of use periodically for changes.
This website is owned and operated by Newell Rubbermaid Inc. and its subsidiaries
and affiliates (collectively "Newell Rubbermaid," "we," or "us"). Questions concerning
this website or its operation should be directed to the contact points set forth
at the end of these terms of use.
In connection with viewing and using this website, you are permitted to temporarily
download one copy of the materials posted on this website onto a single computer
for only your personal, non-commercial use. Except as otherwise specifically provided
elsewhere on this website, redistribution, retransmission, republication or commercial
exploitation of the contents of this website is expressly prohibited without the
written consent of Newell Rubbermaid and any copyright owner from whom we have obtained
a license. Requests for such permission should be made to the contact specified
below. All rights not expressly granted herein are reserved. Downloading of any
information, content or images from this website does not transfer any right or
ownership of such information, content or images to you, and such information, content
or images may be used solely in accordance with these terms of use. You may not
mirror or archive any part of this site or any material contained on this site on
any server or computer without Newell Rubbermaid's written permission.
Contents and Hyperlinks
This website may contain hyperlinks to third-party websites, and those websites
are the sole responsibility of such independent third parties, and use thereof is
solely at your own risk. Newell Rubbermaid has no control over the content or policies
of such third-party websites, and we are not responsible for (and under no circumstances
shall be liable for) the contents, accuracy or reliability of any websites hyperlinked
to this website. Those who choose to access information from this website (including
any information obtained through any hyperlink) are solely responsible for the compliance
of such information with any applicable law.
If you want to link to this website, please contact
e-business@newellco.com before creating that link so the site may be previewed.
Newell Rubbermaid expressly forbids the unauthorized use of its logos, trademarks,
or other graphics to create links. Text links are permitted upon approval.
User Content
Newell Rubbermaid 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 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 Newell Rubbermaid or postings on interactive
portions of this website, shall be deemed and shall remain the property of Newell
Rubbermaid. 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. Newell Rubbermaid 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 Newell Rubbermaid
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 Newell Rubbermaid, you hereby grant Newell Rubbermaid,
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.
Interactive Areas and Code of Acceptable Conduct
Newell Rubbermaid 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.
Newell Rubbermaid will assist law-enforcement officials investigating illegal activity
or violations of these terms of use.
Products, Services and 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 Newell Rubbermaid 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.
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 Newell Rubbermaid 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.
Notice and Procedure for making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to our Designated Agent. See our Procedure
for Copyright Infringement Claims.
No Representations or Warranties
Newell Rubbermaid 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 Newell Rubbermaid'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 NEWELL RUBBERMAID 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. To the extent permitted by applicable law, THIS WEBSITE
IS PROVIDED "AS IS." NEWELL RUBBERMAID DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR DOES IT 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.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NEWELL RUBBERMAID BE LIABLE
FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT
FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS
ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL NEWELL RUBBERMAID'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR ACCESSING THIS WEBSITE.
Jurisdiction and Choice of Law
Newell Rubbermaid controls and manages this website from its facilities in the State
of Illinois 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.
These terms of use shall be governed by and construed in accordance with the laws
of the State of Illinois and the United States of America, without giving effect
to any principles of conflicts of law. You and Newell Rubbermaid irrevocably consent
to the exclusive jurisdiction of the courts located in Illinois in connection with
any action arising out of or related to these terms of use or their subject matter.
You and Newell Rubbermaid waive any objection based on lack of personal jurisdiction,
place of residence, improper venue or forum non conveniens in any such action.
Trademarks and Copyrights
Nothing on this website shall be construed as conferring any license under any intellectual
property right, including any right in the nature of trademark or copyright, of
Newell Rubbermaid or any third party, whether by estoppel, implication, or otherwise.
All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Newell Rubbermaid is the owner of all trademarks and
service marks on this website, whether registered or not. All registered trademarks
are registered in the United States of America (or other applicable jurisdictions).
Securities and Investment
This website and the information contained or referred to herein does not constitute
an offer or a solicitation of an offer for the purchase or sale of any securities.
This website may contain information and press releases about and by Newell Rubbermaid.
While information prepared by us was believed to be accurate as of the date so prepared,
we disclaim any duty or obligation to update such information or to verify the accuracy
of information prepared by others. Any statements in this site that are not historical
facts, including but not limited to plans, projections, objectives, goals, strategies,
future events or performance and underlying assumptions, are forward-looking statements
as provided in the rules and regulations of the Securities Act of 1933, Securities
Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995.
Such statements are intended to fit within the 'safe harbor' for forward-looking
information and are subject to material risk factors which may or may not be disclosed
herein. Statements or phrases that use such words as "believes," "anticipates,"
"plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is
designed to," "with the intent," "potential," and similar expressions commonly indicate
forward-looking statements, but in their absence do not mean that a statement is
not forward-looking. Any forward-looking statements contained herein involve risks
and uncertainties, including but not limited to general economic and currency conditions,
various conditions specific to Newell Rubbermaid's business and industry, market
demand, competitive factors, supply constraints, technology factors, government
and regulatory actions, Newell Rubbermaid's accounting policies, future trends,
and other risks which are detailed in Newell Rubbermaid's Securities and Exchange
Commission filings.
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.
Privacy
Please see our Privacy Policy for information regarding
the collection and use of personal information from this website.
Despite any representations concerning privacy, Newell Rubbermaid 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.
General
These terms 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. Newell
Rubbermaid 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 Newell Rubbermaid
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 © 2000 Newell Rubbermaid Inc.
Material on this site may be subject to one or more U.S. Patents used under license
from Applied Interact LLC: Numbers 4,745,468, 4,876,592, 4,926,255, 5,034,807, 5,057,915,
5,128,752, 5,227,874, 5,249,044, 5,283,734, 5,368,129, 5,508,731, 5,697,844, 5,713,795,
5,759,101, 5,916,024, 6,443,840.
All rights reserved.
Contact Information:
Questions about these terms and conditions may be directed to:
E-Business Team
Newell Rubbermaid, Inc.
29 East Stephenson Street
Freeport, IL 61032
ebusiness@newellco.com
Questions about our products should not be directed to this address and will not
be replied to.
Procedure for Copyright Infringement Claims
Notification must be submitted to the following Designated Agent:
Service Provider(s): Newell Rubbermaid Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: General
Counsel
Full Address of Designated Agent to Which Notification Should Be Sent: 10B Glenlake
Parkway, Atlanta, GA 30328
Telephone Number of Designated Agent: (770) 407-3800
Facsimile Number of Designated Agent: (770) 407-3987
E-mail Address of Designated Agent: copyright@newellco.com
To be effective, the notification must be a written communication that includes
the following:
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider to locate the
material;
- Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law;
- A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
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