Trademarks, Copyright, etc.
This Site is owned and operated by First Alert. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, audio or video clips, code, scripts and software (collectively, the “Materials”), is the property of First Alert and/or its parent companies is protected by the trademark, copyright and other intellectual property laws of Canada and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted are also the property of First Alert and are protected by said laws. ALL RIGHTS ARE EXPRESSLY RESERVED. No right, title or interest in and to the materials is conveyed or granted to you. You may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, translate, communicate to the public, perform, create derivative works from, sell, license or otherwise use or exploit in any way whatsoever any Materials or other content from this Website without the prior written consent of First Alert. Without in any way limiting the foregoing, you agree not to use the Website or any Materials for any commercial or competitive purposes or for any other purposes which may be harmful or detrimental to First Alert or its business.
Newell Brands and its subsidiaries (“Newell”) retain all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property. All trademarks, service marks, slogans and other product names, graphics, logos, service names and custom icons are included within the intellectual property of Newell and all rights thereto are expressly reserved. Newell’s trademarks and intellectual property may not be used by any third party without the express written permission of the Company and, without limiting the foregoing, may not be used in connection with any product or service or in any manner that is likely to or may dilute the strength of the trademark, disparage or discredit Newell or its products and services, or cause confusion among consumers. Any other trademarks that appear on this Site and are not owned by Newell are the property of their respective owners.
Metatags, Hidden Text, Linking or Framing
First Alert expressly prohibits any use of our trademarks, trade names or brand names in metatags, keywords, SEM add words, text and/or hidden text. The use of our trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to this Website, or any page or portion thereof, without the prior written consent of First Alert is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the First Alert Website or its Materials with any other site, advertisement, link or other information or materials not originating from this Site is expressly prohibited.
Subject to Change
Online Purchases, Products, and Prices
If a secure shopping site is offered to you through this Site:
Without limiting the generality of the foregoing section (Subject to Change), the price and availability of any products contained or referenced on this Website is subject to change at any time and without notice. As noted elsewhere herein, First Alert is not responsible for any typographical errors, which specifically includes those relating to the price or size of an item.
All prices displayed on this Site apply only to the products and services available on the Website and may not necessarily reflect the prices of such products or services, or similar items, available through our retail stores, catalogs or otherwise. Prices are at all times subject to availability and nothing herein shall constitute an “offer to sell.” We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. Without limiting the generality of the foregoing, we specifically reserve the right to refuse to sell to any person or entity known or believed by us to be a reseller of our products.
All purchases through our Site or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by our Conditions for the Online Sale of Goods.
Applicable Law and Geographic Restrictions
We provide this Website for use only by persons located in Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
This Website is created, controlled and maintained by First Alert in Canada. Except to the extent prohibited by applicable law, the laws of the [Province of Ontario] shall in all events govern any disputes relating to this Site, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. First Alert makes no representations as to the compliance of the Website or its terms and conditions with any applicable law.
Except to the extent prohibited by applicable law, by using this Website, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the courts of competent jurisdiction in the Province of Ontario and agree that it shall serve as the sole and exclusive venue for any disputes relating to this Website.
If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this Website.
Third Party Sites
As a convenience to you, and for informational purposes only, First Alert may from time to time provide links to web sites operated by other entities unrelated to First Alert. If you use any such link, you acknowledge that you will be leaving this Website to visit another. If you decide to visit any linked site, you do so at your own risk First Alert expressly disclaims any responsibility, liability, warranty or representation regarding any linked site or the information, materials, content, products or services contained in or provided by such site. Moreover, providing such a link in no way implies that First Alert endorses or adopts any information, articles, products, services, or other materials appearing on or provided by the linked site, and First Alert expressly disclaims any such endorsement.
Disclaimer of Warranties
Where applicable law does not allow the exclusion of implied warranties, the following exclusions may not apply to you.
THIS WEBSITE AND THE MATERIALS, CONTENT AND PRODUCTS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOEW CORNELL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS LEGAL OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL WARRANTIES, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND FUNCTIONS OF THIS SITE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
Without limiting the generality of the foregoing, this Site and the Materials contained herein may contain inaccuracies and typographical errors. First Alert does not warrant the accuracy or the completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this Website. Any reliance on any of the foregoing shall be at your sole risk.
Disclaimer of Liability
THE FOLLOWOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL LOEW CORNELL, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANDATARIES, OFFICERS, SHAREHOLDERS, RESPRESENTATIVES OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Forward Looking Statements
Some of the documents and information contained in (or directly accessible from) this Site may include so-called “forward-looking statements” (or “forward-looking information”) under United States securities laws. Forward-looking statements include but are not limited to any statements concerning the Company’s or management’s plans, objectives, goals, strategies, expectations, estimates, beliefs or projections, or any other statements concerning future performance or events. Actual results could differ materially from those indicated by these forward-looking statements as a result of various risks and uncertainties, including but not limited to the following: the current economic conditions in the United States as a whole and the continuing weakness in the retail environment; the risk that we will be unable to maintain our historical growth rate; the effects of competition from others in the highly competitive giftware industry; our ability to anticipate and react to industry trends and changes in consumer demand; our dependence upon our senior executive officers; the risk of loss of our manufacturing and distribution facilities; the impact on our stock price of seasonal, quarterly and other fluctuations in our business; and other factors described or contained in the Company’s most recent Quarterly Report on Form 10-Q or Annual Report on Form 10-K on file with the Securities and Exchange Commission (copies of which are available elsewhere on this Web Site). Any forward-looking statements represent our views only as of the date made and should not be relied upon as representing our views as of any subsequent date. While we may elect to update certain forward-looking statements at some point in the future, we specifically disclaim any obligation to do so even if experience or future events may cause the views contained in any forward-looking statements to change.
Resale of Merchandise
First Alert is a private label brand. To protect its intellectual property rights, suspected resale of our merchandise for personal or business profit is strictly prohibited. Any orders found to have characteristics of reselling will be cancelled. First Alert does not ship to known freight forwarders, and orders to such will be canceled. We reserve the right to cancel all subsequent orders from such customers.
Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; Use any device, software or routine that interferes with the proper working of the Website; Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards[, LIST ANY OTHER INTERACTIVE FEATURES] and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material [for any purpose/according to your account settings].
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right, but not the obligation, to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, colour, sex, religion, national or ethnic origin, disability or handicap, sexual orientation, age, pregnancy, civil status, political conviction, language or any other protected ground.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information about You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Website.
· Send e-mails or other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features (if applicable). Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Waiver and Severability
Your Comments and Concerns
This Website is operated by First Alert (Canada) Inc.
845 Intermodal Dr
Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Email: firstname.lastname@example.org
©2016 First Alert (Canada), Inc. All rights reserved. A subsidiary of Newell Brands, Inc.