ACCEPTANCE
Energizer Holdings, Inc. and its subsidiaries and affiliates (“Energizer”) own, operate and maintain this site (the “Site”). Your access to, and use of, this Site is subject to the following terms and conditions (“Terms and Conditions”), as well as all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements regarding the use of this Site between you and Energizer are superseded and of no force or effect.
Trademarks, Copyrights and Proprietary Rights
You should assume that all product names appearing on this Site, whether or not appearing in large print, italics or with the trademark symbol are trademarks, logos and service marks (collectively, the “Trademarks”) of Energizer. 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, is strictly prohibited. This Site may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of Energizer and our partners. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Energizer or our partners is granted to or conferred upon you. You are also advised that Energizer will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where allowed.
You may freely browse the Site, but you may only access, download or use information from this Site, including any text, images, audio, and video (the “Information”) for your own non-commercial use. You may not distribute, modify, transmit, reuse, repost or use the Information for commercial purposes, without written permission of Energizer. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download. Except as otherwise permitted in this paragraph, Energizer neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Energizer. With the exception of the foregoing limited authorization, no license to or right in the Information, or any copyright of Energizer or of any other party, is granted or conferred to you.
Use of Information and the Site
While Energizer uses reasonable efforts to include accurate and up-to-date information on the Site, the information may contain inaccuracies or typographical errors. Energizer makes no warranties or representations as to its accuracy and your use of and browsing in the Site are at your risk. Energizer assumes no liability or responsibility for any errors or omissions in the content of the Site.
Energizer reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice. ALL INFORMATION IS PROVIDED “AS IS.” ENERGIZER PROVIDES NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS SITE OR ITS POSSIBLE USES. CONSEQUENTLY, THE INFORMATION SHOULD BE CAREFULLY EVALUATED BY SITE VISITORS. NEITHER ENERGIZER, NOR ANY COMPANY AFFILIATED WITH ENERGIZER, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE TO YOU SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Energizer 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.
Energizer reserves the right to discontinue this Site at any time without notice and without liability.
Information You Supply to Us
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 Energizer or its affiliates for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Energizer 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.
Worldwide Products
This Site may contain information on our worldwide products and services, not all of which are available in every location. A reference to a product or service on this Site does not imply that such product or service is, or will be, available in your location. The products referred to on this Site may be subject to different regulatory requirements depending on the country of use. Consequently, visitors may be notified that certain sections of this Site are intended only for certain kinds of expert users or only for audiences in certain countries. You should not construeanything on this Site as a promotion or advertisement for any product or for the use of any product that is not authorized by the laws and regulations of your country of residence.
Securities Disclaimer
Nothing on this Site constitutes an invitation or offer to invest or deal in the securities of Energizer. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on this Site and the past performance of the price of securities must not be relied on as a guide to their future performance.
Links to this Site
Energizer has not reviewed any or all of the third-party websites which contain links to this Site and is not responsible for the content of any such off-site pages or any other sites linked to the Site. If you wish to link your website to this Site, you may only link to the home page. You may not link to any other pageswithin this Site without the prior written consent of Energizer. Quotation or use of one or more portions of this Site in the site of any third parties without written consent is prohibited.
Links to Other Sites
Links to third-party sites may be provided for the interest or convenience of visitors to this Site. You can also check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in an Energizer-operated site or have moved to another site. We will endeavor to inform you when you are leaving this Site that the terms of use and privacy policy of the third-party site may be different. Energizer accepts no liability for links from us to others, and in particular we are not responsible for the accuracy or legality of the content of those other sites or their policies. We accept no liability deriving from a breach or omission in the privacy or other policies of third parties.
Postings to the Site
This Site may permit visitors to submit and/or upload a variety of content, including but not limited to: written statements, images, photos, audio content and videos (collectively referred to as “User Generated Content”). You understand, agree and consent to Energizer, its subsidiaries, affiliates, successors and assigns a worldwide and perpetual use of such User Generated Content, which could include republishing such content in a variety of print and digital mediums. At Energizer’s discretion, the visitor’s name may accompany such use of User Generated Content.
By submitting User Generated Content,you further understand and agree that you are responsible for the consequences of posting or publishing such User Generated Content. You further affirm, represent and warrant that you own or have the necessary licenses, rights, consents, releases and permissions to use and authorize Energizer to use all intellectual property, including but not limited to: patent, trademark, service mark, trade dress, trade secret, copyright, name, image, likeness or other proprietary rights in and to any and all User Generated Content to permit use of such User Generated Content in the manner contemplated by these Terms and Conditions.
Energizer does not permit infringement of intellectual property rights on its websites. Energizer will take steps to block and remove all User Generated Content if properly notified that such User Generated Content infringes the intellectual property or other rights of individuals or organizations.
Although Energizer may from time totime monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Energizer 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. Energizer will fully cooperate with any law enforcement authorities or court order requesting or directing Energizer to disclose the identity of anyone posting any such information or materials.
Notice and Procedure for Making Claims of Copyright Infringement (United States Only)
The Digital Millennium Copyright Act of 1999, 17 U.S.C. § 512 (“DCMA”), provides owners and operators of sites a limitation of liability for User Generated Content that infringes the copyright(s) of a third party. Pursuant to the DCMA, Energizer has designated an agent to receive notices of claims of copyright infringement, and has enacted a Take-Down Procedure. If you believe in good-faith that your valid copyright has been used in an infringing manner, please submit the following:
(1) a signature, electronic or physical, 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;
(3) a description of where the material that you claim is infringing is located on the website;
(4) your appropriate contact information, including: 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; and
(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 authorized to act on the copyright owner’s behalf.
Energizer’s copyright agent (“Agent”) for receiving notices of alleged copyright infringement and means of contact:
Amanda Lutz
Energizer Brands, LLC
533 Maryville University Dr.
St. Louis, MO 63141
Tel: 314-985-2000
Email: dmca@energizer.com
Should you choose to call, please also make a written request by mail or email, as noted above. Upon receipt of written requests that provide all the required information as noted above in (1) – (6), Energizer shall seasonably:
(1) remove, take-down, disable or destroy (“Removed”) the allegedly infringing material, and access thereto by Users;
(2) submit written notification of the alleged infringement to the alleged infringer and indicate that the allegedly infringing content has been seasonably Removed;
(3) submit written notification to the United States Copyright Office of such alleged infringement and that the allegedly infringing content has been seasonably Removed; and
(4) submit written notification to the person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed that the allegedly infringing content has been seasonably Removed.
Energizer encourages you to seek legal counsel prior to contacting Energizer’s Agent, as there may be penalties for false claims.
For any other claim aside from alleged copyright infringement, please see the Contact Information section contained herein.
Energizer reserves the right to, in Energizer’s sole discretion, without prior notice, to terminate the account or access of any user who may submit content that allegedly violates any IP or other right(s), laws or regulations.
Revisions
Energizer may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.
Terms for Proper Coupon Redemption (United States Only)
For complete terms please click here.
Notices, Claims, and Questions
Should you have any questions or concerns about this Site or our Terms and Conditions, you may use the “Contact Us” section of this Site or write to Energizer at:
Energizer Holdings, Inc.
Attn: Legal Department
533 Maryville University Drive, St. Louis, Missouri USA 63141
Updated January 2017.
©2017 Energizer Brands, LLC. All rights reserved.