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EVEREADY LEGAL STATEMENT Eveready Battery Company, Inc. (hereinafter "Eveready"), maintains this site (the "Site") for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Eveready's prior written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Eveready regarding this subject matter are superseded and of no force or effect. Terms and Conditions 2. While Eveready uses reasonable efforts to include accurate and up-to-date information on the Site, Eveready makes no warranties or representations as to its accuracy. Eveready assumes no liability or responsibility for any errors or omissions in the content of the Site. 3. Your use of and browsing in the Site are at your risk. Neither Eveready nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" 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. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Eveready also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site. IN NO EVENT SHALL EVEREADY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. 4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Eveready or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Eveready is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without compensation to any person, including you. 5. Images of people or places displayed on the Site are either the property of, or used with permission by, Eveready. 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 Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. 6. The trademarks, logos and service marks (collectively, the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Eveready Battery Company, Inc., and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Eveready Battery Company, Inc., will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. 7. Eveready has not reviewed all of the sites linked to the Site and is not responsible for the content of any other sites linked to the Site. Your linking to any other off-site pages or other sites is done at your own risk. 8. Although Eveready may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Eveready is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Eveready will fully cooperate with any law enforcement authorities or court order requesting or directing Eveready to disclose the identity of anyone posting any such information or materials. 9. Software from this Site may be further subject to United States export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. It is strictly prohibited to use or contact the Site to disrupt or damage the Site, its contents or its security measures or to harass or disparage Eveready. No unsolicited email (spam) may be directed to or through this Site. 10. Eveready may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should periodically visit this page to review the current Terms and Conditions to which you are bound. 11. If you believe that any material on this Site, whether posted by us or other third parties, violates the copyrights or other rights of third parties, please contact us with complete details at Schick Consumer Affairs, PO Box 537, Neenah, WI 54957 or email us at: Customer Affairs. 12. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in St. Louis County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. |
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