Legal Notice

Last updated: September 2, 2014

Welcome to the Sunbeam Corporation (Canada) Limited d/b/a Jarden Consumer Solutions (“JCS”) Web Site (the "Site"). By using this Site YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS (explained below), PRIVACY POLICY, all disclaimers and terms and conditions that appear elsewhere on this Site and all applicable laws.

JCS reserves the right to make changes to the Site and its Terms and Conditions, Legal Notice and Privacy Policy at any time. Each time you use the Site, you should visit and review the then current Terms and Conditions, Legal Notice and Privacy Policy that apply to your transactions and use of this Site. If you are dissatisfied with the Site, its content, Privacy Policy, Terms and Conditions and/or Legal Notice, you agree that your sole and exclusive remedy is to discontinue using the Site. By accessing and browsing the Site, you, without limitation or qualification, (i) accept the Terms and Conditions and acknowledge that any other agreements between you and JCS relating to the use of the Site are superseded by these Terms and Conditions and of no force or effect, (ii) represent and warrant that you have the legal capacity to be bound by these Terms and Conditions, and (iii) if you are a representative of a company or other entity, you represent and warrant that you have the authority to bind such company or entity.

Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without JCS’ written permission.

Terms and Conditions

  1. You should assume that everything you see or read on the Site is copyrighted and protected by other intellectual property rights unless otherwise noted and may not be used except as provided in these Terms and Conditions or as otherwise expressly permitted on the Site without the written permission of JCS. JCS 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 JCS. Your right to use the Site in accordance with these Terms and Conditions is limited and revocable. All rights not expressly granted in these Terms and Conditions are reserved by JCS.
  2. While JCS uses reasonable efforts to include accurate and up-to-date information on the Site, JCS makes no warranties or representations as to its accuracy. JCS assumes no liability or responsibility for any errors or omissions in the content of the Site.
  3. Your use of and browsing in the Site are at your risk. Neither JCS nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, special, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER LEGAL, EXPRESSED OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALILTY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. JCS 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. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties and conditions.
  4. The Site is intended to assist the user with information about JCS’ products. JCS is not responsible for any errors or omissions in the materials, information, or recommendations provided on this Site, nor for any loss or damage caused by your reliance on information obtained on the Site or any hyper-linked site. All users are advised to consult with an authorized JCS dealer prior to purchasing any JCS products.
  5. 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 JCS or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you acknowledge and agree that JCS and its affiliates are 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. You hereby grant JCS and its affiliates the right to make all such use.
  6. Images of people or places displayed on the Site are either the property of, or used with permission by, JCS. 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 Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications laws or other laws.
  7. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of JCS and others. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of JCS or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that JCS will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
  8. JCS has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site or any links provided on this Site. Your use of such third party sites is at your own risk and subject to the terms and conditions and privacy policy of such third party sites which you are responsible for reviewing.
  9. Although JCS may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, JCS 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 or the rights of any third party. JCS will fully cooperate with any law enforcement authorities or court order requesting or directing JCS to disclose the identity of anyone posting any such information or materials.
  10. You agree to indemnify and hold harmless JCS and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions; (b) your use of the Site including without limitation transmission or placement of information or material by you on the Site; and (c) any claim or allegation that any materials that you post or transmit on the Site infringe the intellectual property or other rights of any third party.
  11. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and JCS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from JCS. JCS may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, JCS will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
  12. Promotional codes, coupons, coupon codes, or other similar promotions and coupons (“Promotional Codes”) are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be used in combination with any offers, stacked, copied, sold, or otherwise offered. For example, you cannot use more than one Promotional Code at a time unless explicitly stated on the Site. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
  13. JCS may at any time, and at its sole discretion, terminate your right to use the Site. All provisions of these Terms and Conditions that by their nature are intended to survive such termination (including disclaimers and limitations of liability, all disclaimers of representations, warranties and conditions, and all statements recognizing JCS’ and its affiliates’, subsidiaries’ and parent company’s and third parties’ intellectual property rights) shall survive such termination.
  14. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, except in cases where the laws of the Canadian jurisdiction in which you reside requires that such laws to apply, in which case, the laws of such jurisdiction shall apply, and in each case the laws of Canada applicable therein. To the maximum extent permitted by applicable laws, the parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario.
  15. 15. These Terms and Conditions constitute the entire agreement between you and JCS with respect to your use of the Site and supersede all previous agreements, understandings and representations relating thereto. No failure by JCS to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférant soient rédigés en langue anglaise.