Terms of Use

LEGAL TERMS GOVERNING USE OF THIS WEB SITE/DISCLAIMER

ACCEPTANCE OF TERMS RELATING TO USE OF THIS WEB SITE

The following are terms of a legal agreement between you and SENCO Brands, Inc. (“SENCO”). By accessing, browsing and/or using this Web Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Web Site. All information appearing on the SENCO Web Site is the property of SENCO and/or is presented with the permission of others. The material on this Web Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Web Site is controlled and operated by SENCO from its offices within the United States. SENCO makes no representation that materials in the Web Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

DISCLAIMER

The information contained in this Web Site is intended to provide information on various subjects of interest. THE INFORMATION IS PROVIDED “AS IS,” AND SENCO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SENCO DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY OR TIMELINESS OF THIS INFORMATION. YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. SENCO WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE.

USER IDS AND PASSWORDS

You will be solely responsible for the maintenance and security of any login identifiers and passwords. If you have a login identifier and password that are unique to you, you agree not to disclose or share your login identifier and password with any third party. SENCO reserves the right to deny or revoke access to the Web Site, or any part thereof, at any time in our sole discretion, with or without cause. Your access to this Web Site will terminate upon the termination of this Agreement by SENCO for any reason.

USE RESTRICTIONS/EXCEPTIONS

The copyright in all material provided on this Web Site is held by SENCO or by the original creator of the material. Except as stated below, none of the material may be copied, reproduced, altered, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SENCO or the copyright owner. Permission is granted for anyone legally using this Web Site to display, copy, distribute and download the materials on this Web Site for individual use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. SENCO authorized dealers, distributors or warranty service providers may make multiple copies of such material as long as it is used for SENCO business purposes. Any such permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without SENCO’s permission, “mirror” any material contained on this Web Site on any other server. Any unauthorized use of any material contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TRADEMARKS, COPYRIGHTS, ETC.

This Web Site contains SENCO trademarks and service marks. All rights in the intellectual property contained in this Web Site including copyright, trademarks, trade secret and patent rights are reserved. All materials contained on this Web Site are subject to the ownership rights of SENCO.

ACCESS AND INFORMATION

Your access is limited to viewing SENCO information solely for legitimate business purposes. Any access or attempt to access other SENCO computer systems or other information contained on SENCO systems for any reason is prohibited. You agree not to use any information contained on this Web Site for other than legitimate business purposes.

LINKS

At certain places on this Web Site, live “links” to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of SENCO. SENCO does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. SENCO provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in this Web Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by SENCO.

There may be circumstances where access to this Web Site is provided by a hypertext link located at another Web Site. SENCO has no responsibility for the content of such other web sites, SENCO does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites and SENCO shall not be liable for any damages or injury arising from the content of or access to these other web sites. SENCO does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Web Site. Unless approved in writing in advance by SENCO, you agree not to: (a) provide or create a link to this Web Site; or (b) create any frames at any other web sites pertaining to any of the materials located at this Web Site. You also agree not to post any materials at this Web Site without the express written permission of SENCO.

COMMUNICATIONS

Unless agreed to by SENCO beforehand, any material, information or idea you transmit to or post on this Web Site by any means will forever be the property of SENCO (without paying any compensation of any kind) and will be treated as non-confidential and non-proprietary, and may be disseminated or used by SENCO or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to SENCO’s Web Site will be handled in accordance with SENCO’s Privacy Practices. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

TERMS OF USE REVISIONS

Senco may at any time revise these Terms of Use by updating this posting. By using this Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

GENERAL

The laws of the State of Ohio, excluding the application of its conflicts of law rules, will govern this agreement. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You may bring no action arising under this agreement more than one year after the cause of action has accrued. The exclusive jurisdiction for any action arising under this agreement shall be the Courts of Hamilton County, State of Ohio.

To the extent any of the above is not fully enforceable for any reason, the remainder shall continue to apply.