Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the "Specialty Brands Property"), and the features at this Specialty Brands Property, are subject to these Terms of Access ("Terms"). The Specialty Brands Property is owned or controlled by Ariens Specialty Brands LLC and its subsidiaries, division, affiliates, and brands ("collectively Specialty Brands"). By accessing this Specialty Brands Property in any way, including, without limitation, browsing this Specialty Brands Property, using any information, and/or submitting information to Specialty Brands, you agree to and are bound by the terms, conditions, policies and notices contained here (the "Terms"), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Wisconsin law.
From time to time we may update this Specialty Brands Property and these Terms. Your use of this Specialty Brands Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Specialty Brands may, in its sole discretion, and at any time, discontinue this Specialty Brands Property or any part thereof, with or without notice, or may prevent your use of this Specialty Brands Property with or without notice to you. You agree that you do not have any rights in this Specialty Brands Property and that Specialty Brands will have no liability to you if this Specialty Brands Property is discontinued or your ability to access the Specialty Brands Property or any content you may have posted on the Specialty Brands Property is terminated. By accessing or linking to this Specialty Brands Property, you assume the risk that the information on this Specialty Brands Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Specialty Brands Property at any time, without notice and without liability.
All information provided on this Specialty Brands Property is subject to change without notice. Due to the open nature of this Specialty Brands Property, and the potential for errors in the storage and transmission of digital information, Specialty Brands does not warrant the accuracy of information obtained from this Specialty Brands Property.
Access and Use of Specialty Brands Property
Access to this Specialty Brands Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Specialty Brands computer system or other information contained on the system for any purposes is strictly prohibited.
Specialty Brands Content
Content on this Specialty Brands Property that is provided by Specialty Brands or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Specialty Brands Content") is the property of Specialty Brands and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Specialty Brands Content located on the Specialty Brands Property for use in any publications, in public performances, on websites other than this Specialty Brands Property for any unpermitted commercial purpose, in connection with products or services that are not those of Specialty Brands, in any other manner that is likely to cause confusion, that disparages or discredits Specialty Brands and/or its licensors, that dilutes the strength of Specialty Brands’ or its licensor’s intellectual property, or that otherwise infringes Specialty Brands’ or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Specialty Brands Content or User Content that appears on this Specialty Brands Property.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area.
Use of the Specialty Brands Property and Posting Policy
The following requirements apply to your use the Specialty Brands Property: (a) you will not use any electronic communication feature of the Specialty Brands Property for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Specialty Brands Property for any commercial transactions that are unrelated to the purposes for which the Specialty Brands Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of the Specialty Brands Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Specialty Brands; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Specialty Brands, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Specialty Brands Property, or feature of the Specialty Brands Property. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the Specialty Brands Property or features therein. Specialty Brands may cancel your account and delete all User Content associated with your account at any time, and without notice, if Specialty Brands deems that you have violated these Terms, the law, or for any other reason. Specialty Brands assumes no liability for any information removed from our Specialty Brands Property, and reserves the right to permanently restrict access to the Specialty Brands Property or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Specialty Brands Property, you hereby grant to Specialty Brands a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Specialty Brands Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Specialty Brands or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) Specialty Brands receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Specialty Brands’ review of the Ideas is not an admission of novelty, priority or originality; and (b) Specialty Brands’ use of any similar Ideas, whether based on your User Content, provided to Specialty Brands by third parties, or independently developed or considered by Specialty Brands, shall be without obligation to you.
Specialty Brands does not warrant the accuracy of information obtained from this Specialty Brands Property. Specialty Brands does not endorse, verify, evaluate or guarantee the accuracy or reliability of the information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You acknowledge and agree that any use or reliance on the User Content will be at your own risk and you are solely responsible for any such use or reliance.
You agree to indemnify and hold Specialty Brands, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Specialty Brands or this Specialty Brands Property.
Representations and Limitations of Liability
Specialty Brands makes no representations about the reliability of the features of this Specialty Brands Property, the Content, User Content, or any other Specialty Brands Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Specialty Brands makes no representations regarding the amount of time that any Content or User Content will be preserved.
Specialty Brands does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Specialty Brands without the prior review and written approval of Specialty Brands.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPECIALTY BRANDS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL SPECIALTY BRANDS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SPECIALTY BRANDS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SPECIALTY BRANDS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF SPECIALTY BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Cross Reference Information
Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.
This Specialty Brands Property may be linked to other sites which are not maintained by Specialty Brands. Specialty Brands is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Specialty Brands of the linked sites. Specialty Brands disclaims any liability for links: (i) from another site to the Specialty Brands Property and (ii) to another site from the Specialty Brands Property. In order to link to the Specialty Brands Property all users must comply with the Specialty Brands.
One or more patents and pending applications for patent owned by Specialty Brands apply to this Specialty Brands Property and to the features and services accessible via the Specialty Brands Property. United States Patent Numbers: 7,313,536; 7,343,326; 7,212,976.
These Terms will be governed by and construed in accordance with the internal laws of Wisconsin without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Brown County (Green Bay), Wisconsin. These Terms operate to the fullest extent permissible by law. Accessing materials on this Specialty Brands Property by certain persons in certain countries may not be lawful, and Specialty Brands makes no representation that materials on this Specialty Brands Property are appropriate or available for use in locations outside the United States. If you choose to access this Specialty Brands Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
These Terms constitute the entire agreement between you and Specialty Brands regarding the use of the Specialty Brands Property. By using the Specialty Brands Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Last Revised: January 2014
© 2014 Ariens Specialty Brands LLC
Reference Number: BMHPD48