TERMS OF USE 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 are 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 adm@newellco.com or 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 your 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: (1) You will
not upload or otherwise provide infringing, defamatory, obscene,
pornographic, threatening, abusive, illegal or otherwise improper
content. (2) You will not upload viruses or harmful components. (3) You
will not use the website to further any illegal purpose or to violate
the rights of any party. (4) 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 is 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 the 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. All
rights reserved.
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.
- CONTACT INFORMATION:
- E-Business Team
- Newell Rubbermaid, Inc.
- 29 East Stephenson Street
- Freeport, IL 61032
- privacy@newellco.com
- 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:
- 1. A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that alledgedly
infringed;
- 2. 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;
- 3. 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;
- 4. 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;
- 5. 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;
- 6. 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.
GUARANTEE FOR AUSTRALIA
The following terms will apply to EXPO® products sold in Australia: Our goods
come with a guarantee that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for major failure and compensation
for any other reasonably foreseeable loss or damage. You are also entitled to
have the goods repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major failure. Any repair or
replacement will be at the expense of EXPO® and free of charge to you.
Australian consumers please contact:
Newell Australia Pty Ltd
500 Princess Hwy, Noble Park, Victoria 3174, Australia
Customer Service Toll Free Call 1800 727 537