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LEGAL |
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TERMS OF USE |
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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.
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CONTENTS AND HYPERLINKS |
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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.
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USER CONTENT |
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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.
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INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT |
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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:
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(1) |
You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal
or otherwise improper content.
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(2) |
You will not upload viruses or harmful components.
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(3) |
You will not use the website to further any illegal purpose or to violate the rights of any party.
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(4) |
You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise
goods and services.
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Newell Rubbermaid will assist law-enforcement officials investigating illegal activity or violations of these terms of use.
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PRODUCTS, SERVICES AND SOFTWARE |
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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.
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NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT |
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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.
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NO REPRESENTATIONS OR WARRANTIES |
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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.
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LIMITATIONS OF LIABILITY |
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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.
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JURISDICTION AND CHOICE OF LAW |
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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.
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TRADEMARKS AND COPYRIGHTS |
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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).
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SECURITIES AND INVESTMENT |
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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.
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SEVERABILITY |
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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.
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PRIVACY |
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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.
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GENERAL |
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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.
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CONTACT INFORMATION: |
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Newell Rubbermaid Inc.
Attention: Stuart Graff
6833 Statler Drive
Rockford, IL 61108
stuart.graff@newellco.com
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PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS |
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Notification must be submitted to the following Designated Agent:
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Service Provider(s): [Company]
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Name of Agent Designated to Receive Notification of Claimed Infringement: [employee name]
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Full Address of Designated Agent to Which Notification Should Be Sent: [address]
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Telephone Number of Designated Agent: [number]
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Facsimile Number of Designated Agent: [number]
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E-mail Address of Designated Agent: [adm@newellco.com]
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To be effective, the notification must be a written communication that includes the following:
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that
alledgedly infringed;
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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;
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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;
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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;
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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;
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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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