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General.
Applica Water Products, LLC 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 © 2008
Applica Water Products, LLC. All rights reserved.
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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.
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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 assume 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.
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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.
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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.
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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.
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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. Please do not send us any original creative materials
such as product ideas or suggestions. 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 other means, 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.
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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.
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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.
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Jurisdiction and Choice of Law.
These Terms and Conditions shall be governed by an d 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.
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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 Water Products,
LLC