TERMS AND CONDITIONS OF USE
Last Updated on August 29, 2016
The Spectrum Brands Holdings, Inc. websites (each, this/the “Site,”
and collectively, the “Sites”) are operated by Spectrum Brands Holdings,
Inc. or its affiliated companies or subsidiaries (collectively “Spectrum”
terms or conditions that we post on the Site from time-to-time (“Terms of
Use”) set forth the terms and conditions under which you may enter and use
the Site and any services available on the Site which may include but are not limited
to the following: the ability to purchase products through an online store or the
ability to create a user profile and submit user generated content to the Site (collectively
the “Services”). Registration to use the Services or some features of
the Site may be necessary. As part of the registration process, you may be required
to select a user name and password, which may require that you provide a screen
name and/or a valid email address (“User ID”). Please read the Terms
of Use carefully. By entering, accessing, or using the Site (or registering with
are not authorized to view or use the Site, and you must exit this Site, and cease
of the Site regardless of the manner in which you access the Site (internet, mobile
BY USING THE SITE, YOU AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF ONE OF THE 50
UNITED STATES OR THE DISTRICT OF COLUMBIA AND YOU ARE THIRTEEN (13) YEARS OF AGE
OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING THE SITE, THAT YOU ARE OF LEGAL
AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL
OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
without prior notice to you. Such modification or change shall be effective upon
“Last Updated” date at the top of this page. The most current version
OF USE" hypertext link located at the bottom of the main page of the Site. Your
continued entry to and/or use of the Site after Spectrum posts any revised Terms
1. General Use and Restrictions.
1.1. Use of Site. Conditioned upon, and subject to, your strict compliance with
limited license to enter and use the Site to view information, use the Services
and for other purposes expressly permitted by Spectrum in writing on the Site.
You agree not to enter or use the Site for any purpose that is prohibited by the
U.S. laws, statutes, ordinances, regulations, contracts and applicable licenses
regarding your use of the Site. Spectrum may, in its sole discretion, terminate
or suspend your entry to, and/or use of, the Site, or any portion thereof, at any
time, with or without notice and for any reason (or no reason), and you agree that
(a) if your authorization to enter the Site is terminated, you will not thereafter
enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization
to enter the Site is suspended, you will not thereafter enter, or attempt to enter,
the Site, directly or indirectly, until your suspension is removed and Spectrum
gives you express notice thereof.
1.2. Information Provided. If you provide any information to us, you agree to provide
only true, accurate, current and complete information. Use of this Site is governed
link located at the bottom of the main page of this Site. Spectrum’s use of
personal information that may be submitted by children to this Site is governed
1.3. Use of Content. You may print or copy any information (including but not limited
to third party advertisements) displayed or transmitted on the Site (collectively,
“Content”) that you are authorized to access, solely for informational
and non-commercial, personal use; provided that you (a) do not remove any title,
trademark, copyright and/or restricted rights notices contained on such Content,
limitation, Section 1.4 below.
1.4. Restrictions. Except as provided in Section 1.3 above, you may not (and you
agree that you will not) reproduce, alter, modify, create derivative works, or publicly
display any Content without first receiving Spectrum’s express written permission.
You further agree not to, without first obtaining Spectrum’s express written
permission, (a) use any of its brands, trademarks or service marks as metatags on
other web sites, (b) use the Site in any manner that is illegal or impairs the operation
of the Site or its availability or usage by others, and/or (c) display any part
of the Site in frames (or any Content via in-line links). You further agree not
to decompile, reverse engineer or disassemble any software or other products or
processes accessible through the Site, and not to insert any code or product or
manipulate the Site in any way that affects the user’s experience including,
without limitation, taking any action that imposes, or may impose, an unreasonable
or disproportionately large load on the Site. You further agree not to use any data
mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering
or extraction method in connection with your use of the Site except for customary
search engines used in accordance with automated instructions directed to search
engines and available on the Site.
2.1 Account and Password. If we issue an account to use the Services to you (an
“Account”), we will also issue a username and/or initial password for
such Account to you (each user of the Service that is issued an Account shall be
referred to herein as a “Registered User”). The portions of the Site
available to the general public and to Registered Users may vary. You may not be
able to access all features or use all Services on the Site if you do not become
a Registered User. You may not authorize any third party to enter and/or use your
Account on their behalf. Accordingly, you agree to protect your username and password
by, among other things, keeping your username and password confidential. If, notwithstanding
the foregoing obligation, you allow another party to use your username and/or password
to access your Account, you will be responsible for all use by the party using your
Account. You agree to (a) immediately notify Spectrum of any unauthorized use of
your password or any other breach of security, and (b) ensure that you exit from
your Account at the end of each session.
2.2 Submissions and User Generated Content.
2.1. The Site may contain bulletin boards, chat groups, forums and other interactive
areas that allow users to express their opinions and post information and/or other
materials (collectively, “User Generated Content”). We do not monitor
all of the User Generated Content posted or transmitted by users and third party
information providers. You may have the opportunity to answer surveys, ratings and
questions posted on the Site by a Spectrum contractor. If you choose to respond,
you will actually answer the survey, ratings and questions on the contractor’s
site and will be subject to the contractor’s terms and conditions of use when
clicking the designated link on the Site.
2.2. Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information providers
and users, are those of the third party and not of Spectrum. Spectrum does not represent
or endorse the accuracy or reliability of any User Generated Content displayed,
uploaded, or distributed on the Site by any third party. You acknowledge that any
reliance upon any such third party User Generated Content is at your sole risk.
2.3. Spectrum may, in its sole discretion, edit and/or remove any User Generated
Content you submit to the Site. Without limiting the generality of the foregoing,
Spectrum may edit or remove any User Generated Content you submit to the Site that
Spectrum, in its sole discretion, deems abusive, defamatory, obscene, unlawful,
moral rights you may have with respect to changes in the User Generated Content.
We are not responsible for maintaining your posted User Generated Content and we
may, in our sole discretion, delete or destroy it at any time with no liability
or obligation to you.
2.4. You are solely responsible for any User Generated Content you submit to the
Site. We shall not be liable for the use or misuse of any information or data, including
personal information that is included in any User Generated Content that you submit
to the Site.
2.5. By submitting User Generated Content to the Site, you hereby grant to Spectrum,
its affiliates and related entities, a royalty-free, unrestricted, worldwide, perpetual,
irrevocable, non-exclusive and fully transferable, assignable and sublicensable
right and license to use, copy, exploit, modify, archive, store, reproduce, adapt,
publish, translate, create derivative works from, distribute, perform and display
all such User Generated Content in any form, media, software or technology of any
kind now existing or developed in the future. You further grant Spectrum, its affiliates,
related entities, licensees and assignees the right to use your name and any other
information about you that you provide in connection with any such use of the User
Generated Content. You understand and agree that visitors to the Site may use any
User Generated Content you submit to the Site in accordance with these Terms of
Use. User Generated Content submitted by you to this Site can be used according
3. User Generated Content Limitations.
3.1. You agree not to post User Generated Content that: i) contains vulgar, profane,
abusive or hateful language, epithets or slurs, text or illustrations in poor taste,
inflammatory attacks of a personal, racial or religious nature, or expressions of
bigotry, racism, discrimination or hate; or ii) is defamatory, threatening, disparaging,
inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains
gross exaggeration or unsubstantiated claims, is unreasonably harmful or offensive
to any individual or community, contains any actionable statement, or tends to mislead
or reflect unfairly on any other person, business or entity; or iii) violates or
infringes any right of Spectrum or any third party, including without limitation
any privacy, trademark, copyright or other intellectual property right, or will
otherwise cause injury to any third party, or iv) discriminates on the grounds of
race, religion, national origin, gender, age, marital status, sexual orientation
or disability, or refers to such matters in any manner prohibited by law; or v)
violates any municipal, state or federal law, rule, regulation or ordinance, or
attempts to encourage evasion or violation thereof; or vi) unfairly interferes with
any third party’s uninterrupted use and enjoyment of the Site; or vii) advertises,
promotes or offers to trade any goods or services, except in areas specifically
designated for such purpose; or viii) contains copyrighted or other proprietary
material of any kind on the Site without the express permission of the owner of
that material; or ix) includes or transmits viruses or other harmful, disruptive
or destructive files; or x) disrupts, interferes with, or otherwise harms or violates
the security of the Site, or any Services, system resources, accounts, passwords,
servers or networks connected to or accessible through the Site or affiliated or
linked sites; or xi) “flames” any individual or entity (e.g., sends
repeated messages related to another user and/or makes derogatory or offensive comments
about another individual), or repeats prior posting of the same message under multiple
3.2. Any User Generated Content posted by you or others will be deemed not to be
confidential or secret. You understand that personal and other information (e.g.,
username, e-mail address, phone number) that you post on our Site is generally accessible
to, and may be collected and used by others, and may result in unsolicited messages
or other contact from others. To protect your safety, please use your best judgment
when posting information. We particularly discourage divulging personal phone numbers
and addresses or other information that can be used to identify or locate you.
4. Linking and Third Party Dealings.
4.1. Links to External Sites. Spectrum may provide hyperlinks to other web sites
and Internet resources operated by parties other than Spectrum. Spectrum has no
and Spectrum’s policies and terms no longer govern. Such hyperlinks are provided
for your reference only. The inclusion of hyperlinks to such web sites does not
imply any sponsorship, affiliation or endorsement of the material on such web sites
or with their operators.
4.2. Linking to the Site. Subject to the further provisions of this Section 4, Spectrum
welcomes links to the Site from other web sites. However, if Spectrum demands that
you not link to the Site, or any portion of the Site, you agree that you will not,
directly or indirectly, link to the Site or such portion of the Site as directed
in our demand, at any time after such demand is made.
5. Intellectual Property.
5.1 General. Except for Content that is in the public domain, the Site and all Content,
as well as the selection and arrangement of the Content, is owned by (or licensed
to) Spectrum or its suppliers and is protected by copyright, trade dress, trademark,
unfair competition, and/or other laws and may not be used, copied or imitated in
whole or in part except as expressly provided herein. Except as otherwise expressly
reserved by Spectrum.
5.2 Trademarks. The brands, logos, tradenames, trademarks (both registered and common
law) and service marks (both registered and common law) are the property of Spectrum,
its affiliates, and their respective licensors. Not all brands, logos, tradenames,
trademarks and service marks of Spectrum and its affiliates appear on this Site.
Except as expressly provided in Section 1.3 above, none of the foregoing may be
copied, imitated or used, in whole or in part, without Spectrum’s prior written
permission. In addition, all page headers, custom graphics, button icons, and scripts
are service marks, trademarks and/or trade dress of Spectrum or its licensors and
may not be copied, imitated, or used, in whole or in part, without Spectrum’s
prior written permission.
6. Parental Controls.
Pursuant to Title 47, United States Code, Section 230(d) as
amended, Spectrum hereby notifies you that parental control protections (such as
computer hardware, software or filtering services) are commercially available which
may assist you in limiting access to material that is harmful to minors. Information
identifying current providers of such protections is available from OnGuard Online
(http://onguardonline.gov/). Spectrum does not endorse any of the products or services
identified on the aforementioned third party website.
7. Rules for Contests, Sweepstakes, Activities, Surveys, and Similar Promotions.
Any sweepstakes, contests, challenges, activities, surveys, or similar promotions
(each, a “Promotion”) made available through the Site may be governed
by specific rules that are separate from these Terms. By participating in any such
Promotion, you will become subject to those rules, which may vary from the terms
and conditions set forth herein. Spectrum strongly advises that anyone participating
in any Promotion read the applicable rules for such Promotion, and to review Spectrum’s
by any person participating in any Promotion.
8. Policy, Notices and Procedures Regarding Claims of Copyright Infringement. Spectrum
respects the intellectual property rights of others. If you believe that your work
has been copied and is accessible on the Site in a way that constitutes copyright
infringement, you may notify our agent as provided in this Section 8. Pursuant to
Title 17, United States Code, Section 512(c)(2), notification of claimed copyright
infringement should be directed to:
By Mail: Spectrum Brands Holdings, Inc.
Copyright Agent 3001 Deming Way
Middleton, WI 53562-1431
By Email: email@example.com
NOTE: The preceding information in this Section 8 is provided exclusively for notifying
Spectrum that your copyrighted material may have been infringed. All other inquiries,
such as product or service related questions and requests, or questions on privacy,
will not receive a response through this process.
9. Indemnification. You hereby agree to indemnify and hold harmless Spectrum and
its affiliates, officers, members, directors, employees, shareholders, information
providers, suppliers, contractors and licensees (collectively, "Indemnified Parties")
from and against any and all liability and costs, including, without limitation,
reasonable attorneys’ fees, incurred by the Indemnified Parties in connection
with any claim arising out of any breach, or alleged breach, of any of the Terms
of Use by you.
10. Limitation of Liability.
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPECTRUM,
ITS LICENSORS OR THE INDEMNIFIED PARTIES BE LIABLE OR FOR ANY INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS
OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY
below provision, in no event shall Spectrum’s total liability to you for all
damages exceed $10.00.
10.2 NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE UNDERSTOOD TO
LIMIT SPECTRUM’S LIABILITY (1) FOR PERSONAL INJURY OR DEATH (a) ARISING OUT
or b) CAUSED BY SPECTRUM’S OWN NEGLIGENT, INTENTIONAL OR OTHERWISE UNLAWFUL
MISCONDUCT OR (2) FOR ANY DAMAGES CAUSED BY SPECTRUM’S FAILURE TO ADHERE TO
COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION.
11. Modifications to the Site. For the avoidance of doubt, Spectrum may modify,
suspend, discontinue and/or restrict the use of all or any portion of the Site including,
without limitation, the Services and Content, at any time for any reason (or for
no reason) and without notice or liability.
12. Governing Law and Jurisdiction. The Site is hosted on servers located in the
United States and is intended to be viewed by residents of the United States. Although
the information on this Site is accessible to users outside of the United States,
the information on this Site pertaining to Spectrum products is intended for use
only by residents of the United States. Other countries may have laws and regulatory
requirements that differ from those of the United States. This Site links to other
sites produced by our affiliates or for our various brands, some of which are outside
of the United States. Those sites may have information that is appropriate only
to that particular originating country or geographic region. Spectrum reserves the
right to limit provision of our products and/or Services to any person, geographic
region or jurisdiction and/or to limit the quantities or any products and/or Services
we provide. Any offer for any product or Service made on this Site is void where
be governed by the laws of the State of Wisconsin and the United States, without
giving effect to the conflict of law provisions thereof and excluding any application
of the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. You consent to exclusive
jurisdiction and venue in the federal courts sitting in Madison, Wisconsin unless
no federal subject matter jurisdiction exists, in which case you consent to exclusive
jurisdiction and venue in the state courts sitting in Madison, Wisconsin. You hereby
irrevocably waive, to the fullest extent permitted by applicable law, any objection
which you may now or hereafter have to the laying of venue of any such proceeding
brought in such a court and any claim that any such proceeding brought in such a
court has been brought in an inconvenient forum.
to be illegal, unenforceable or void, then the invalid or unenforceable provision
shall be modified in accordance with the applicable law as nearly as possible to
reflect the original intention of the applicable provision, and the remaining provisions
provided for convenience only, and shall not be read or interpreted to restrict
any provision contained in the Terms. No right or remedy conferred by the Terms
of Use is exclusive of any other right or remedy conferred herein or by law or in
equity; rather, all of such rights and remedies are cumulative of every other such
right or remedy and may be exercised concurrently or separately from time-to-time.
to your last known e-mail address, if any, your last known postal address, if any,
or posting a notice on the Site, and any such notice shall be deemed given and received
on the earlier of the day it is sent to you or the day it is posted on the Site.
form shall be admissible in judicial or administrative proceedings based upon or
as other business documents and records originally generated and maintained in printed
form. The failure of Spectrum to insist upon or enforce strict performance by you
otherwise in connection with your use of and/or entry onto the Site, you agree that
if Spectrum prevails in such suit Spectrum shall be entitled to recover all costs
and expenses incurred in such suit including reasonable attorneys’ fees.
14. Forward-looking Statements.
This site may contain forward-looking statements which may involve risks and uncertainties.
Actual results may differ from these statements as a result of changes in external
competitive market factors, unanticipated changes in the company’s industry,
or economy in general, as well as various other factors, including those discussed
herein and those set forth in Spectrum’s most recent Annual Report
on Form 10-K filed with the Securities and Exchange Commission. The stock price
performance shown on the stock quotes on the Site is not necessarily indicative
of future price performance.