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Terms and Conditions of Use

1. General.

Applica Consumer Products, Inc. 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 © 2002 Applica Incorporated..

All rights reserved.

2. Securities and Investment; Forward-Looking Statements; Updates.

This website and the information contained or referred to herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the 'safe harbor' for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is designed to," "with the intent," "potential," and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein are subject to certain risks and uncertainties that could cause actual results to differ materially from those set forth in the forward-looking statements. These factors include the risks and uncertainties that are detailed from time to time in Applica's Securities and Exchange Commission filings.

Postings to this website are made at such times as Applica determines in its discretion. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. You should not assume that the information contained on the website has been updated or otherwise contains current information. Applica does not review past postings to determine whether they remain accurate, and information contained on this website may have been superseded.

3. 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.

Black & Decker ® is a trademark of The Black & Decker Corporation, Towson, Maryland, USA

Teflon® and Teflon Select™ are trademarks of the E.I. Dupont de Nemours & Co.

SpaceMaker™ is a trademark of General Electric Company, USA

Home Café™, Folgers®, and Millstone® are trademarks of the Procter & Gamble Company.

4. 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 assumes 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.

5. 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.

6. 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.

7. 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.

8. 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 except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website (please see our Inventor’s Corner page). Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. 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 means other than through the procedures outlined elsewhere in this website, 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.

9. 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:

  1. You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
  2. You will not upload viruses or harmful components.
  3. You will not use the website to further any illegal purpose or to violate the rights of any party.
  4. 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.

10. 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.

11. Jurisdiction and Choice of Law.

These Terms and Conditions shall be governed by and 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.

12. 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.

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Privacy Policy

Applica Consumer Products, Inc. and its affiliates ("Applica", "we" or "us") respect your right to privacy. We do not currently trade, sell or rent personal information collected about you to third parties.

Please read the Privacy Policy outlined below that explains how Applica will and will not use the information you provide. By using or accessing this website, you signify your acknowledgment and assent to the Privacy Policy. If you do not agree to this policy, please do not use this website. Please note that we can revise this policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms.

What information does Applica collect and how do we use this information?

  • We may request personal information from you for processing orders and shipping products, conducting contests or sweepstakes, and for product registration. This may include your name, address, e-mail address, telephone number, etc., as well as information related to customer satisfaction surveys, customer purchasing habits or other purchasing information.
  • Our web-sites allow you to contact us directly with questions or comments regarding our products, services, web-sites, or to register products. The process requires you to give certain personal information so that you may complete the warranty registration. We also maintain data files to ensure that we quickly resolve customer comments or questions and implement improvements based on those comments.
  • We may conduct sweepstakes or other contests on our web-site, which require personal information to be provided to qualify for participation in the promotion or contest. This information is used primarily as a means to notify the winners.
  • In an effort to continually improve our products and services, we may use personal information to conduct market research and on-line surveys. This may involve contacting recent and/or past web-site visitors who have provided personal information to Applica.
  • Our web servers may automatically monitor the number of visitors, the average time spent on the site, the popularity of our web-sites, and any programming errors or failures on any of our web-sites in order to determine the effectiveness of the Applica web-site and to make improvements to the website.
Does Applica share your information with other third parties?
  • Applica will not collect any personally-identifiable information about you (that is your name, address, telephone number, or email address) unless you provide it voluntarily. If you do not want your personally-identifiable information collected, do not submit it to us. If you do submit personally-identifiable information we may store and process that information to better understand your needs, and how we can improve our products and services or we may use that information to contact you. We may share your personal information with our business partners in order to facilitate the process of servicing your products, to help you exchange your product or to better serve you. We will not give or sell your individual information to any outside company for its use in marketing or solicitation and we will maintain the confidentiality of your personal information and it will only be used to support your relationship Applica.
  • Applica may also share aggregate data about our sales, customers, traffic patterns, and other related site information with respectable third parties. None of this data is related to any individual's name without their consent.
  • If you do not want Applica to share your information, please immediately contact us and we will remove your name from lists we share our business partners. Your request will take approximately six to eight weeks. Your information will then no longer be shared. When contacting us, please clearly state your request, including your name, mailing address, email address, and phone number.

Does Applica use cookies?

  • Applica uses "cookies" on this website because they help us in many ways to make your visit to our website more enjoyable and meaningful to you. Cookies are text information files that your web browser places on your computer when you visit a website. Applica may use such "cookie" technology to obtain information from you as an online visitor. Cookies flag information about your activity on our Web site. This information helps us improve our site and make it friendlier and easier to use. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We never use cookies to save passwords, credit card numbers or other highly confidential information.
  • Applica may also use so-called "web-beacons" to access the information contained in cookies within the network of the Applica websites. Web beacons, also sometimes called "pixel tags," are small strings of code placed on a Web page or in an email message for the purpose of transferring data.
  • Applica may employ the use of cookies and web beacons on our site's pages to deliver our ads, to measure the effectiveness of our advertising, including our email promotions, and to learn how visitors use our site.
  • For more information about the technology used to deliver our emails, or how to set your browser to reject cookies, please click here.

Does Applica have any special privacy policies with respect to children?

  • Applica encourages parents and guardians to monitor and participate in their children's online activities. No information should be submitted to this site by users under 13 years of age, and users under 13 years old are not allowed to register for newsletters, clubs or activities. Users under 18 years of age are not allowed to make purchases or participate in contests. Where appropriate, Applica may ask you to indicate your age to verify compliance with these policies.
  • Applica does not knowingly collect information from our guests under 13 years of age or provide any personally identifying information from such guests to any third party for any reason whatsoever. We do not allow guests known to be under 13 years of age to receive direct marketing communications from Applica or from third parties.

How do I stop Applica from contacting me via e-mail in the future?

  • We do wish to provide our customers with information on new products or tips for use in the home or kitchen. If you do not want Applica to share your customer information, please immediately contact us and we will remove your name from lists we share with other companies. Your request will take approximately six to eight weeks. Your information will then no longer be shared. When contacting us, please clearly state your request, including your name, mailing address, email address, and phone number.

What is the policy regarding Applica's ownership of information?

  • All opinions, ideas, suggestions, and other feedback submitted to our web-sites may be used by Applica without any restriction and free of charge, and nothing contained in this policy shall limit or otherwise affect this. There may be instances where we request or permit the submission of your opinions/ideas. In such instances you will be required to agree to the terms of an Applica prepared agreement related to the provision of such information prior to its submission.

What about Applica's links to other sites?

  • We have and may add links to third party sites. Because such linked sites are not under the control of Applica, 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 your own risk. Applica has not reviewed all of the sites linked to the website. Applica provides 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.

Will this Privacy Policy change?

  • Applica may change this policy from time to time to better serve you, so please review this policy periodically.

How do I contact Applica regarding this policy statement?

All contents copyright © 2005 Applica Incorporated.

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Black & Decker® and plus Black & Decker® are registered trademarks of The Black & Decker Corporation (Towson, MD); used under license by Applica Consumer Products, Inc.