SPECTRUM BRANDS HOLDINGS, INC. TERMS OF USE

Last Updated on March 20, 2024

The Spectrum Brands Holdings, Inc. websites, mobile applications, and social media pages (each, this/the “Site,” and collectively, the “Sites”) are operated by Spectrum Brands Holdings, Inc. or its affiliated companies or subsidiaries (collectively “Spectrum” or “us” or “we”). These Spectrum Terms of Use and any additional terms or conditions that we post on the Sites from time-to-time (“Terms of Use”) are a legally binding contract and set forth the terms and conditions under which you may enter and use a Site and any services available on a Site which may include but are not limited to the following: the ability to purchase products through an online store or the ability to create a user profile and submit user generated content to a Site (collectively the “Services”). Registration to use the Services or some features of a Site may be necessary. As part of the registration process, you may be required to select a user name and password, which may require that you provide a screen name and/or a valid email address (“User ID”).

Please read the Terms of Use carefully. By entering, accessing, or using a Site (or registering with a Site), you agree to the Terms of Use without limitation or qualification. If you do not agree to the Terms of Use (without limitation or qualification), you are not authorized to view or use any Site, and you must exit this Site, and cease all access to and use of each Site. The Terms of Use govern your access to and use of a Site regardless of the manner in which you access the Site (internet, mobile network, etc.).

The Terms of Use provide that all disputes between you and Spectrum with respect to your use of the Sites and Services will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 14 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Spectrum.
BY USING A SITE, YOU AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING A SITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.

These Terms of Use state the legally binding terms with respect to your use of a Site. Spectrum reserves the right to modify or change the Terms of Use at any time without prior notice to you. Such modification or change shall be effective upon posting on a Site. If Spectrum revises the Terms of Use, it will also revise the “Last Updated” date at the top of this page. The most current version of the Terms of Use can be reviewed by clicking on the “TERMS” or "TERMS OF USE" hypertext link located at the bottom of the main page of a Site. Your continued entry to and/or use of a Site after Spectrum posts any revised Terms of Use constitutes your agreement to any such revised Terms of Use.

1. General Use and Restrictions.

1.1. Use of Site.Conditioned upon, and subject to, your strict compliance with the Terms of Use, Spectrum grants you a personal, non-exclusive, non-transferable, limited right to (i) enter and use a Site to view information in a lawful manner, (ii) use the Services in a lawful manner for the purposes expressly permitted by Spectrum in writing on the Site, and (iii) install the mobile application(s) that provide the Services and use such mobile applications so installed, solely in object code format on devices that you own or control.

You agree not to enter or use a Site for any purpose that is prohibited by the Terms of Use or is otherwise unlawful. You further agree to comply with all applicable U.S. laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of a Site. Spectrum may, in its sole discretion, terminate or suspend your entry to, and/or use of, a Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter a Site is terminated, you will not thereafter enter, or attempt to enter, any Site, directly or indirectly, and (b) if your authorization to enter a Site is suspended, you will not thereafter enter, or attempt to enter, any Site, directly or indirectly, until your suspension is removed and Spectrum gives you express notice in writing thereof.

To the fullest extent permitted by law, you assume all risk and Spectrum is not responsible for any harm to you or others that may occur from your use of the Sites, Services, Materials, or Content. You may not access or use the Sites, Services, Materials, or Content for any other purpose than as permitted by Spectrum under these Terms of Use. Your access is subject to the discretion and control of Spectrum under these Terms of Use.

You hereby consent to Spectrum’s engagement of third parties to perform, provide, or support the performance or provision of, all or any portion of the Sites or Services.

1.2. Information Provided.If you provide any information to us, you agree to provide only true, accurate, current and complete information. Use of this Site is governed by our Privacy Policy, which we encourage you to review by clicking on the hypertext link located at the bottom of the main page of a Site. Spectrum’s use of personal information that may be submitted by children to this Site is governed by the Privacy Policy.

By providing us with your contact information and using any Site or the Services, you agree to receive communications, including via e-mail and phone calls (including text messages and calls made using an autodialer or prerecorded voice message) and push notifications, from or on behalf of Spectrum at the email address or telephone number you provided even if that number is on a National or State Do Not Call List. These calls and messages may be for informational and marketing purposes, such as to provide you with the information or consultation you requested and to provide more information about our products and services. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply.

Spectrum and its vendors may, without further notice or warning and in our discretion, monitor and/or record website and mobile application usage, video and voice calls, and text message-based communications for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others, and you hereby consent to such monitoring and recording.

If you wish to opt out of marketing emails from us, you can unsubscribe by following the unsubscribe options in the marketing email itself. IF YOU WISH TO OPT OUT OF SMS AND MMS TEXTS FROM US, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that you may continue to receive communications while Spectrum processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.

Spectrum shall have the right to monitor and collect usage data about the use of the Sites, Materials, Content, and Services by you and other users and Spectrum may use such usage data to provide and improve the Sites, Service, Materials, Content, and Spectrum’s other products and services, and to help ensure compliance with these Terms of Use. You acknowledge and agree that all such usage data is owned exclusively by Spectrum.

1.3. Use of Content.You may print or copy any information (including but not limited to third party advertisements) displayed or transmitted on a Site (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms of Use including, without limitation, Section 1.4 below. All Content contained on the Sites and through the Services may not be sold, redistributed or used for any commercial purpose.

1.4. Restrictions.Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving Spectrum’s express written permission. You further agree not to, without first obtaining Spectrum’s express written permission, (a) use any of its brands, trademarks or service marks as metatags on other web sites, (b) use a Site or the Services in any manner that is illegal or impairs the operation of a Site or the Services or its availability or usage by others, and/or (c) display any part of a Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through a Site or the Services, and not to insert any code or product or manipulate a Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on a Site. You further agree not to use any data mining, web crawlers, robots, scrapers, cancelbots, spiders, Trojan horses, or any data gathering or extraction method or device in connection with your use of a Site or the Services except for customary search engines used in accordance with automated instructions directed to search engines and available on a Site.

2.0 General.

2.1 Account and Password.

If we issue an account to use the Services to you (an “Account”), we will also issue a username and/or initial password for such Account to you (each user of the Sites or Services that is issued an Account shall be referred to herein as a “Registered User”). The portions of a Site available to the general public and to Registered Users may vary. You may not be able to access all features or use all Services on a Site if you do not become a Registered User. You may not authorize any third party to enter and/or use your Account on their behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by anyone using your Account. You agree to (a) immediately notify Spectrum of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.

2.2 Submissions and User Generated Content.

2.2.1. A Site may contain bulletin boards, chat groups, forums and other interactive areas that allow users to express their opinions and post information, images, videos, and/or other materials (collectively, “User Generated Content”). We do not monitor all of the User Generated Content posted or transmitted by users and third party information providers. You may have the opportunity to answer surveys, ratings and questions posted on a Site or through the Services by a Spectrum contractor. If you choose to respond, you will actually answer the survey, ratings and questions on the contractor’s site and will be subject to the contractor’s terms and conditions of use when you submit your responses. The contractor’s terms of use can be accessed by clicking the designated link on a Site.

2.2.2 Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the third party and not of Spectrum. Spectrum does not represent or endorse the accuracy or reliability of any User Generated Content displayed, uploaded, or distributed on a Site or the Services by any third party. You acknowledge that any reliance upon any such third party User Generated Content is at your sole risk.

2.2.3 Spectrum may, in its sole discretion, edit and/or remove any User Generated Content you submit to a Site or through the Services. Without limiting the generality of the foregoing, Spectrum may edit or remove any User Generated Content you submit to a Site or through the Services that Spectrum, in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable or in violation of these Terms of Use, and you waive any moral rights you may have with respect to changes in the User Generated Content. We are not responsible for maintaining your posted User Generated Content and we may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.

2.2.4 You are solely responsible for any User Generated Content you submit to a Site or through the Services. We shall not be liable for the use or misuse of any information or data, including personal information that is included in any User Generated Content that you submit to a Site or through the Services.

2.2.5 By submitting User Generated Content to a Site or through the Services, you hereby grant to Spectrum, its affiliates and related entities, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, unrestricted, and fully paid and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, transfer, distribute, perform and display all such User Generated Content, in whole or in part, in any form, media, software or technology of any kind now existing or developed in the future. You further grant Spectrum, its affiliates, related entities, licensees and assignees the right to use your name and any other information about you that you provide in connection with any such use of the User Generated Content. You understand and agree that visitors to a Site may use any User Generated Content you submit to a Site or through the Services in accordance with these Terms of Use. User Generated Content submitted by you to a Site or through the Services can be used according to these Terms of Use without compensation or acknowledgement to you.

3. Prohibited Conduct.

3.1. By using any Site or the Services you agree not to, directly or indirectly, and may not permit any user or any other person to use the any Site or the Services or to post User Generated Content that:
i) contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or
ii) is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, is harmful or offensive to any individual or community, contains any actionable statement, could damage Spectrum’s reputation, or tends to mislead or reflect unfairly on any other person, business or entity; or
iii) violates or infringes any right of Spectrum or any third party, including without limitation any privacy, trademark, copyright or other intellectual property right, or will otherwise cause injury to any third party, or
iv) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
v) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage evasion or violation thereof; or
vi) interferes with the operation of the Sites or Services or any third party’s uninterrupted use and enjoyment of the Sites or Services; or
vii) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or
viii) contains copyrighted or other proprietary material of any kind on a Site or through the Services without the express permission of the owner of that material; or
ix) includes or transmits viruses or other harmful, disruptive or destructive files; or
x) disrupts, interferes with, or otherwise harms or violates the security of a Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through a Site or affiliated or linked sites; or
xi) modify, translate, or create derivative works, adaptations or compilations of, or based on, the Sites, Services, Materials, or Content, or part thereof, or use, copy or reproduce the Sites, Services, Materials, or Content, or any part thereof other than as expressly permitted in these Terms of Use; or
xii) use the Sites or Services for timesharing or service bureau purposes or otherwise for the benefit of a third-party entity; or
xiii) “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
xiv) otherwise violates these Terms of Use; or
xi) attempt to do any of the acts described in this Section 3.1, or assist or permit any person in engaging in any of the acts described in this Section 3.1.

3.2. Any User Generated Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on a Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. To protect your safety, please use your best judgment when posting information. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.

4. Linking and Third Party Dealings.

4.1. Links to External Sites. Spectrum may provide hyperlinks to other web sites and Internet resources operated by parties other than Spectrum. Spectrum has no control over such sites and resources or their privacy policies or terms of use and Spectrum’s policies and terms no longer govern. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.

Websites and services provided by third parties are not under our control, and we are not responsible for any third party services or content or data received from them. Spectrum makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any information received from any third parties. You accept that any reliance on this information will be at your own risk, and Spectrum disclaims all liability arising from your use of or reliance upon the information.

4.2. Linking to the Site. Subject to the further provisions of this Section 4, Spectrum welcomes links to a Site from other web sites. However, if Spectrum demands that you not link to a Site, or any portion of a Site, you agree that you will not, directly or indirectly, link to a Site or such portion of a Site as directed in our demand, at any time after such demand is made.

5. Intellectual Property.

5.1 General. Except for Content that is in the public domain, the Sites, Services, all Content, as well as the selection and arrangement of the Content, and the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, videos, content, information, and all other elements of, collected by, or made available through the Sites or Services (the “Materials”) are owned by (or licensed to) Spectrum or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in the Terms of Use, all rights in and to the Sites, Services, Materials, and Content are expressly reserved by Spectrum. Nothing in these Terms of Use is intended to transfer intellectual property rights to you. You further undertake and agree not to assert any rights of title of such intellectual property rights whether in law or equity in any jurisdiction.

5.2 The Sites, Services, and Materials. Except and solely to the extent permitted by applicable law notwithstanding these restrictions, you may not at any time, directly or indirectly and may not permit any other person or entity to: (i) reproduce, distribute, publicly display, or publicly perform any Site, Materials, or the Services or any part thereof; (ii) reverse engineer, decompile, or make modifications to any Site, Materials, or the Services or any part thereof; or (iii) interfere with or circumvent any feature of any Site, Materials, or the Services or any part thereof, including any security or access control mechanism. If you are prohibited under applicable law from using any Site, Materials, or the Services, you may not use them.

Spectrum reserves all rights not expressly granted to you in these Terms of Use. Except for the limited rights and licenses expressly granted under these Terms of Use, nothing in these Terms of Use grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Spectrum intellectual property.
The Sites, Materials, and Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Sites and Services are provided to you subject to these Terms of Use, nothing in these Terms of Use will be deemed to prevent, restrict, or otherwise prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.

5.3 Trademarks. The brands, logos, tradenames, trademarks (both registered and common law) and service marks (both registered and common law) are the property of Spectrum, its affiliates, and their respective licensors. Not all brands, logos, tradenames, trademarks and service marks of Spectrum and its affiliates appear on this Site. Except as expressly provided in Section 1.3 above, none of the foregoing may be copied, imitated or used, in whole or in part, without Spectrum’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Spectrum or its licensors and may not be copied, imitated, or used, in whole or in part, without Spectrum’s prior written permission.

5.4 Feedback. If you choose to provide input or suggestions regarding your experience with the Sites, Services, Materials, or Content, or Spectrum’s products or services (“Feedback”), then you hereby grant Spectrum an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the Sites, Services, Materials, or Content and to create and improve other products and services.

6. Parental Controls. Pursuant to Title 47, United States Code, Section 230(d) as amended, Spectrum hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available which may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from OnGuard Online (http://onguardonline.gov/). Spectrum does not endorse any of the products or services identified on the aforementioned third party website.

7. Rules for Contests, Sweepstakes, Activities, Surveys, and Similar Promotions. Any sweepstakes, contests, challenges, activities, surveys, or similar promotions (each, a “Promotion”) made available through a Site or the Services may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Spectrum strongly advises that anyone participating in any Promotion read the applicable rules for such Promotion, and to review Spectrum’s Privacy Policy which, in addition to these Terms, governs any information submitted by any person participating in any Promotion.

8. Policy, Notices and Procedures Regarding Claims of Copyright Infringement.

Spectrum respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on a Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 8. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be directed to:

By Mail:
Spectrum Brands Holdings, Inc.
Legal/IP Division
Copyright Agent
3001 Deming Way
Middleton, WI 53562-1431

By Email: copyright.noi@spectrumbrands.com

NOTE: The preceding information in this Section 8 is provided exclusively for notifying Spectrum that your copyrighted material may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.

9. Indemnification. You hereby agree to indemnify and hold harmless Spectrum, its affiliates and subsidiaries, and its and their officers, members, directors, employees, shareholders, information providers, suppliers, contractors and licensees (collectively, "Indemnified Parties") from and against any and all damages, liabilities, losses, fines, awards, penalties, obligations, judgments, and costs and expenses (including reasonable attorneys’ fees), incurred by the Indemnified Parties in connection with any claim, demand, allegation, suit, proceeding, investigation, or other cause of action relating to arising out of, in whole or in part, (a) your access to, use of, or alleged use of, the Sites, Services, Materials, or Content; (b) your breach of any portion of these Terms of Use, any representation, warranty, or agreement referenced in these Terms of Use, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; or (e) fraud, intentional misconduct, criminal acts, or negligence committed by you.

10. Limitation of Liability.

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPECTRUM, ITS LICENSORS OR THE OTHER INDEMNIFIED PARTIES BE LIABLE OR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INCREASED COST, DIMINUTION IN VALUE, LOSS OF DATA, PROFITS, OR BUSINESS, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, A SITE, THE SERVICES, MATERIALS, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MEMBER OF THE INDEMNIFIED PARTIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. Subject to the below provision, in no event shall Spectrum’s total, aggregate liability to you for all damages, liabilities, losses, fines, awards, penalties, obligations, judgments exceed $10.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS OF USE SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.2 NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE UNDERSTOOD TO LIMIT SPECTRUM’S LIABILITY FOR PERSONAL INJURY OR DEATH (a) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, A SITE, SERVICES OR CONTENT, OR b) CAUSED BY SPECTRUM’S OWN NEGLIGENT, INTENTIONAL OR OTHERWISE UNLAWFUL MISCONDUCT.

11. Disclaimers; No Warranties. THE SITES, SERVICES, CONTENT, AND MATERIALS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. INDEMNIFIED PARTIES DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SITES, SERVICES, CONTENT, AND MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER THE MATERIALS OR DATA, OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE SERVICE IS TRUE, COMPLETE OR ACCURATE. THE INDEMNIFIED PARTIES DO NOT WARRANT THAT THE SITES, SERVICES, CONTENT, OR MATERIALS, OR ANY PORTION OF THE SITES, SERVICES, CONTENT, OR MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPECTRUM OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES OR SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE INDEMNIFIED PARTIES OR THE SITES OR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE SITES, SERVICES, CONTENT, OR MATERIALS OR YOUR DEALING WITH ANY OTHER USERS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES, SERVICES, CONTENT, MATERIALS, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SITES OR SERVICES OR THE DOWNLOAD OR USE OF MATERIALS OR CONTENT.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

12. Modifications to a Site, the Services, or the Content. For the avoidance of doubt, Spectrum may modify, suspend, discontinue and/or restrict the use of all or any portion of a Site or the Services including, without limitation, the Materials and Content, at any time (including by limiting or discontinuing certain features of the Content, Sites, or Services), temporarily or permanently, for any reason (or for no reason) and without notice or liability. Upon the termination of your use of the Sites or Services, Spectrum has no obligation (but may) to retain any information submitted through the Sites or Services.

13. Governing Law and Jurisdiction. The Sites, Services, Materials, and Content are hosted on servers located in the United States and is intended to be viewed by residents of the United States. Although the information on the Sites and Services is accessible to users outside of the United States, the information on the Sites and Services pertaining to Spectrum products is intended for use only by residents of the United States. Other countries may have laws and regulatory requirements that differ from those of the United States. This Sites and Services link to other sites produced by our affiliates or for our various brands, some of which are outside of the United States. Those sites may have information that is appropriate only to that particular originating country or geographic region. Spectrum reserves the right to limit provision of our products and/or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products and/or Services we provide. Any offer for any product or service made on any Sites is void where prohibited.

The Terms of Use shall be deemed to be agreed to by you in Madison, Wisconsin. The Terms of Use, and all matters arising out of or relating to the Terms of Use, shall be governed by the laws of the State of Wisconsin and the United States, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to exclusive jurisdiction and venue in the federal courts sitting in Madison, Wisconsin unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Madison, Wisconsin. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

14. Dispute Resolution and Arbitration.

14.1 Generally. In the interest of resolving disputes between you and Spectrum in the most expedient and cost effective manner, you and Spectrum agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, to the fullest extent permitted under applicable law. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims (including, without limitation, substantive claims and threshold questions of the applicability and scope of this Section 14) arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, products liability, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SPECTRUM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

14.2 Exceptions. Despite the provisions of Section 14.1, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

14.3 Arbitrator. To the fullest extent permitted under applicable law, any arbitration between you and Spectrum will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Spectrum.

14.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Spectrum’s address for Notice is: Spectrum Brands Holdings, Inc., Attn: Legal, 3001 Deming Way, Middleton, WI 53562. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Spectrum may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spectrum must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

14.5 Fees. If you commence arbitration in accordance with these Terms of Use, you are responsible for your payment of the filing fee. Any arbitration hearing will take place at a location to be agreed upon in Madison, Wisconsin, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in Madison, Wisconsin. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Spectrum for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

14.6 No Class Actions, Class Arbitrations, or Mass Arbitration. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND SPECTRUM AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS PART OF A MASS ARBITRATION EFFORT. Further, unless both you and Spectrum agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

14.7 Modifications to this Arbitration Provision. If Spectrum makes any future change to this arbitration provision, other than a change to Spectrum’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Spectrum’s address for Notice, in which case you are no longer permitted to use the Service and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

14.8 Opt-Out Procedure. You can choose to reject this arbitration agreement of the Terms of Use by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new users, the Opt-Out Notice must be postmarked no later than 30 days after the date you use the Service for the first time. You must mail the Opt-Out Notice to Spectrum Brands Holdings, Inc., Attn: Legal, 3001 Deming Way, Middleton, WI 53562. The Opt-Out Notice must state that you do not agree to the arbitration agreement and must include your name, address, and phone number. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the arbitration agreement. If you opt out of the arbitration agreement, Spectrum will likewise not be bound by these arbitration provisions. All other terms of these Terms of Use will continue to apply. Opting out of the arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Spectrum users who accepted a previous version of these Terms of Use that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, Spectrum will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms of Use that the user accepted, if any exists.

14.9 Enforceability. If Section 14.6 is found to be unenforceable or if the entirety of Section 14 is found to be unenforceable, then the entirety of Section 14 (except this Section 14.9) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to these Terms.If Section 14.6 is found to be unenforceable or if the entirety of Section 14 is found to be unenforceable, then the entirety of Section 14 (except this Section 14.9) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to these Terms.

15. Claims. To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these Terms of Use shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived and no such statute or provision of law shall operate to extend the period limited in this Section, to the fullest extent permitted under applicable law.

16. Consent to Electronic Communications. By using a Site or the Services, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17. Export. You may not use the Sites, Services, Materials, or Content if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Sites, Services, Materials, or Content. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

18. California Consumer Protection Notice. Please note that, if you are a consumer, the limitations in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

19. Notice Regarding Apple. This Section 19 only applies to the extent you are using our mobile application(s) on an Apple-branded device. You acknowledge that these Terms of Use are between you and Spectrum only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Sites or Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sites or Services. In the event of any failure of the Sites or Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Sites or Services. Apple is not responsible for addressing any claims by you or any third party relating to the Sites or Services or your possession and/or use of the Sites or Services, including: (a) product liability claims; (b) any claim that the Sites or Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Sites or Services and/or your possession and use of the Sites or Service infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.

20. Notice Regarding Google. This Section 20 only applies to the extent you are using our mobile application(s) on an Android device in connection with the Sites or Services. You acknowledge that these Terms of Use are between you and us only, not with Alphabet Inc. (“Google”), and Google is not responsible for the Services and the content thereof. You agree that Google is not responsible for any maintenance and support services in connection with the Services.

21. General Provisions. If any provision of the Terms of Use is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining provisions of the Terms of Use shall remain in full force and effect. Section headings are provided for convenience only, and shall not be read or interpreted to restrict any provision contained in the Terms of Use. No right or remedy conferred by the Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Spectrum may provide notice to you relating to the Terms of Use by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on a Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on a Site. A printed version of the Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Spectrum to insist upon or enforce strict performance by you of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. If Spectrum brings any suit against you to enforce the Terms of Use or otherwise in connection with your use of and/or entry onto a Site, you agree that if Spectrum prevails in such suit Spectrum shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms of Use, or any provision of these Terms of Use, be a waiver of any subsequent breach or default or a waiver of the provision itself. Upon termination of these Terms of Use, the introductory terms and Sections 1.1-1.2, 1.4, 2-18, 21-22, along with the Spectrum Privacy Policy and any other accompanying agreements, will survive.

22. Forward-looking Statements. The Sites, Services, and Content may contain forward-looking statements which may involve risks and uncertainties. Actual results may differ from these statements as a result of changes in external competitive market factors, unanticipated changes in the company’s industry, or economy in general, as well as various other factors, including those discussed herein and those set forth in Spectrum’s most recent Annual Report on Form 10-K filed with the Securities and Exchange Commission. The stock price performance shown on the stock quotes on the Sites, Services, or Content are not necessarily indicative of future price performance.