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Welcome to Our Website!
Waxman Consumer Products Group Inc. ("Waxman") maintains
this website as a service to our customers. By using this website,
you are agreeing that you have read and understood these Terms
of Use and agree to comply with and be bound by these Terms of
Use. You also agree to comply with all laws and regulations applicable
to the use of this website, to the use of the Internet, and to
the activities involved in using this website. Please review the
following terms carefully.
Compliance with Law
This website is owned by Waxman. Visitors who choose to visit
this website do so on their own initiative. Those visitors are
solely responsible for compliance with all laws, rules and regulations,
federal, state, local or foreign, applicable to the use of this
website and the information, content, material and services contained
herein.
Venue and Jurisdiction
Claims relating to this website, to the use of
this website, and to the information, content material and services
available through this website are governed by the laws of the
United States of America and the State of Ohio, as applicable.
You hereby unconditionally, voluntarily and irrevocably consent
to the exclusive jurisdiction and venue of the United States District
Court for the Northern District of Ohio, Eastern Division, and
the Court of Common Pleas of Cuyahoga County, Ohio in any claim
or dispute concerning, relating to, or arising from this website
and any information received from or through this website. You
agree not to plead forum non conveniens in any such action
and you consent to service of process.
Visitor Online Conduct
You agree to use this website only for lawful purposes.
You agree to use this website only for its intended
purposes.
Waxman reserves the right to prohibit any conduct
involving this website that it deems to be inappropriate.
You agree not to disrupt this website.
You agree not to interfere with or compromise the
security of this website.
You agree not to disrupt or interfere with any
other visitor's use of this website.
You agree that you are solely responsible for any
actions you undertake while visiting this website and that you
will comply with all applicable local, state, federal and international
laws, rules and regulations applicable to this website and the
Internet, including United States copyright laws and export restrictions.
You represent and warrant that all information
that you provide to gain access to the services provided by this
website is accurate and truthful.
Access to this website is limited to viewing the
linked web pages solely for legitimate business purposes to access
the information provided by Waxman at this website. Any access
or attempt to access other areas of Waxman's computer system or
other information contained on the system, or any Waxman computer,
server, account, network, data, software and/or other hardware
whether or not associated with this website for any purposes is
strictly prohibited. You may not use any information contained
on this website other than in connection with a legitimate business
purpose.
Accuracy of Content
All information, content and material comprising
or made available on this website ("Content") serves
informative purposes only and is not binding upon Waxman. Waxman
recommends that users exercise their own skill and care with respect
to their use of this website and that users carefully evaluate
the accuracy, currency, completeness and relevance of the material
on the website for their purposes. Waxman does not guarantee that
the information is or will be complete, accurate, error-free,
useful for a certain purpose or available at any particular time.
Waxman makes no representation that the information contained
on the site is appropriate or available for use in all countries,
and access to information from places where the website's Content
is illegal is prohibited.
Waxman may, in its sole discretion and at any time,
change website Content or these Terms of Use, or modify or discontinue
this website or specific portions of it, without notice. Subsequent
re-use of this website shall be deemed an agreement to any revised
Terms of Use.
Third Party Links
This website may contain links to third parties'
web pages. Waxman is not responsible for the content or the existence
of third parties' web pages and is not liable for damages, irrespective
of their nature, incurred by the use or the non-use of third parties'
web pages.
Copyright, Trademark and Intellectual Property
All Content (including, without limitation, any
computer source code, object code, html code or other code comprising
this website) is owned by or licensed to Waxman. The copyright
in and to this website and all Content is owned by Waxman. Waxman
retains and reserves all rights in and to this website and all
Content. The reproduction, distribution, transmission, display
or use of this website and any Content is prohibited without the
prior written consent of Waxman.
Waxman grants you permission to display, copy,
distribute, print and/or download the Content on this website
for your personal use only. Except as expressly authorized by
Waxman, if you display, copy, distribute, print and/or download
the Content on this website, then you may not modify that Content
and you must retain all copyright and other proprietary notices
contained in this website and the Content.
The permission granted herein terminates automatically
if you breach these Terms of Use. Upon termination of such permission,
you must immediately and permanently delete and destroy any Content
you displayed, copied, distributed, printed and/or downloaded.
PlumbCraft, SoftTouch, SuperSliders, Ezmount, SpraySensations,
Body Moods, Distinctives, Aqualife, and Plumbing Solution Center
are either registered trademarks, trademarks, trade names, service
marks, or otherwise protected property of Waxman and may not be
used, copied or imitated without the prior written consent of
Waxman.
Waxman's intellectual property may not be used
in connection with any service or information that is not Waxman's.
Waxman's intellectual property may not be used in any manner that
is likely to cause confusion among consumers or in any manner
that disparages Waxman. Other trademarks, trade names, company
names, service marks and otherwise protected property displayed
on this website are the property of their respective owners and
are subject to the terms and conditions applied by those owners
to their intellectual property. You may not mirror any Content
contained in this website on any other website or server.
Digital Millennium Copyright Act, Transmission of
Third Party Content
You may not copy to, upload to, post to or otherwise
distribute on, this website anything protected by copyright or
other proprietary rights unless the owner of the applicable copyright
or proprietary right has given you express written authorization
for such copying, uploading, posting or distribution.
Any material for which permission has been granted
to copy, upload, post or otherwise distribute must contain all
requisite copyright management notices and language indicating
that such material is being used by express permission of the
owner thereof.
The unauthorized use, uploading, posting, and/or
distribution of content protected by copyright or other proprietary
rights is illegal and may subject the malfeasant to civil penalties
and criminal prosecution.
WAXMAN AND ITS RESPECTIVE SHAREHOLDERS, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARE NOT LIABLE FOR
DAMAGES RESULTING FROM ANY INFRINGEMENT RESULTING FROM YOUR ACTIONS
INVOLVING COPYRIGHTED OR PROPRIETARY RIGHT PROTECTED MATERIAL.
Waxman, pursuant to the Digital Millennium Copyright
Act, designates Michael A. Pendry to receive complaints and notices
of suspected copyright infringement. If you believe that your
work has been copied and is accessible on this website in a way
that constitutes infringement, you may notify Waxman by providing
Michael A. Pendry the following information:
| 1. |
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest; |
| 2. |
A description of the copyrighted work that
you claim has been infringed, including the URL (i.e., web
page address) of the location where the copyrighted work exists
or a copy of the copyrighted work; |
| 3. |
Identification of the URL or other specific
location on this website where the material that you claim
is infringing is located; |
| 4. |
Your address, telephone number and e-mail address; |
| 5. |
A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; |
| 6. |
A statement by you, made under penalty of perjury,
that the above information in your notice is accurate
and that you are the copyright owner or are authorized to
act on the copyright owner's behalf. |
Michael A. Pendry can be reached via e-mail at pendryda@waxmancpg.com
and by regular mail at: Waxman Consumer Products Group Inc. 24455
Aurora Road Bedford Heights, Ohio 44146.
You are prohibited from copying to, uploading to,
posting to or otherwise distributing on, this website any unlawful,
threatening, obscene, improper, intimidating, libelous, defamatory
or slanderous comments, jokes, images or content that are intended
to or are likely to offend a reasonable person on the basis of
his or her age, physical or mental disability, gender, race, religion,
national origin, physical attributes, or any other classification
that could produce any civil or criminal liability for either
yourself or for Waxman, its respective shareholders, employees,
agents, affiliates or any such similarly situated persons or entities.
Ownership of Third Party Content
Waxman may display Content supplied by visitors
and other third parties on its website. Waxman maintains no editorial
control over this Content. The Content supplied by visitors and
other third parties belongs to the respective owners of that Content.
WAXMAN, ITS RESPECTIVE SHAREHOLDERS, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES DO NOT GUARANTEE
THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT
SUPPLIED BY VISITORS OR THIRD PARTIES.
WAXMAN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
(WHETHER EXPRESS OR IMPLIED) INCLUDING WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND
ANY CONTENT COMPRISING THIS WEBSITE SUPPLIED BY THIRD PARTIES.
WAXMAN SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE
FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE'S RELIANCE
ON CONTENT AVAILABLE ON THIS WEBSITE SUPPLIED BY THIRD PARTIES.
YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT
AVAILABLE ON THIS WEBSITE SUPPLIED BY THIRD PARTIES.
Editing, Deleting and Modification
Waxman reserves the right in its sole discretion
to edit, delete, modify, suspend or discontinue any Content, feature,
aspect, product or service comprising, or available through, this
website at any time. Waxman may alter the availability of any
feature of this website or service at any time.
Indemnification
You agree to indemnify, defend and hold Waxman
and its respective shareholders, officers, directors, employees,
agents and affiliates (collectively, "Affiliated Parties")
harmless from any damages, liability, loss, claim and expense,
including reasonable attorneys' fees, related to your violation
of these Terms of Use.
Access Nontransferable
Your right to use this website is not transferable.
Any password or right given to you to obtain access to this website
is not transferable.
Disclaimers
THIS WEBSITE IS PROVIDED "AS IS," AND
"AS AVAILABLE." WAXMAN MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE
OF THIS WEBSITE, THE CONTENT, PRODUCTS AND/OR SERVICES AVAILABLE
ON OR THROUGH THIS WEBSITE. WAXMAN DOES NOT WARRANT THAT THIS
WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE
WILL BE CONTINUOUS AND/OR ERROR FREE. WAXMAN DOES NOT MAKE ANY
WARRANTIES, EXPRESS OR IMPLIED, THAT THE CONTENT ON OR PRODUCTS
AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.
WAXMAN HEREBY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEBSITE
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR
OWN RISK. YOU AGREE TO USE THIS WEBSITE AND ANY CONTENT AVAILABLE
ON OR THROUGH THIS WEBSITE SOLELY AT YOUR OWN RISK.
Limitation of Liability
WAXMAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF
THIS WEBSITE.
FURTHER, NEITHER WAXMAN, NOR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING
THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES,
DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF
PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS IN CONNECTION WITH YOUR
USE OF OR INABILITY TO USE THIS WEBSITE, OR WHICH RESULT FROM
ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT,
UNAUTHORIZED ACCESS, OR ANY OTHER CAUSE, EVEN IF WAXMAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of Information
Waxman reserves the right, and you grant authorization,
to use and assign all of your personal information provided by
you in a manner consistent with our Privacy Policy. To know what
privacy measures Waxman has taken and what information we retain
from your visit to this website, please read our website Privacy
Policy, which is incorporated herein by reference.
Change of Terms
By using this website, you agree to these Terms
of Use as well as any posted changes of these Terms of Use. Waxman
reserves the right to change these Terms of Use at any time. Waxman
asks that you review these Terms of Use from time to time to ensure
you are familiar with the most current version of it. If you do
not agree to these Terms of Use, DO NOT use this website.
Links to Other Websites
The website contains links to other websites. We are not responsible
for the content, accuracy or opinions expressed in such websites,
and such websites are not investigated, monitored or checked for
accuracy or completeness by Waxman. Inclusion of any linked website
on this website does not imply approval or endorsement of the
linked website by Waxman. If you decide to leave our website or
access these third-party sites, you do so at your own risk.
Severability
If any provision of these Terms of Use is held
invalid or unenforceable in whole or in part in any jurisdiction,
that provision shall be ineffective in that jurisdiction without
affecting the validity or enforceability of the remaining provisions
of these Terms of Use.
Headings of the Terms of Use
The section headings used in these Terms of Use
are for reference and the convenience of the readers and shall
not constitute part of these Terms of Use for interpretation purposes.
Entire Agreement
These Terms of Use constitute the entire and only
agreement between you and Waxman and supersede all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the subject matter hereof.
No Waiver
The failure to enforce any provision of these Terms
of Use shall not be deemed a waiver of such provision nor of the
right to enforce such provision.
Acceptance
You understand that by accessing this website,
you are subject to the terms and conditions set forth herein.
Notwithstanding the foregoing, you accept and agree to be bound
by all such terms and conditions.
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