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.
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.
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.
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 whom notification
should be sent: 3 Glenlake Parkway, Atlanta, GA 30328
Telephone number of designated agent: (770) 418-7000
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 is allegedly 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.