1. TRADEMARK

The following are registered ® U.S. trademarks of SANFORD or its affiliates (and used with permission): ACADEMY, ACCENT, A LIFETIME OF COLOR, AMERICAN, ARTCRAFT, ARTGUM, ARTPEN, ATLAS, AUTOCORRECT,BRIGHT STICKS, CALLIGRAPHIC, CLICKSTER, COL-ERASE, COLORIFIC, COMFORT MATE, DESIGN, DIGIT, DRYLINE, DUOFOLD, DYNAGRIP, EBERHARD FABER, ERASERMATE, EXPO, EXPRESSO, FINGER PINKIES, FLAIR, FLEXGRIP, FLEXGRIP ULTRA, FLIP CHART, FRONTIER, GIANT, GOLD COAT, HAND HUGGERS, HARDHEAD, HEMISPHERE, INSIGNIA, JOTTER, JUST FOR COPIES, LIQUID ACCENT, LIQUID PAPER, LIQUID PAPER & DROPLET DESIGN, LOGO, LUBRIGLIDE, MADE FROM SUSTAINED YIELD wood contains no rain forest wood and design, MAGIC-RUB, MAGNUM , MAJOR ACCENT, MARKAWAY, MARK WHATEVER YOU WANT, MEAN STREAK, MIRADO, MONGOL, MR. SKETCH, PAPER MATE, PAPER MATE DOUBLE HEARTS DESIGN, PARKER, PARKER ARROW DESIGN, PARKER STYLIZED “P” & ARROW DESIGN, PARKER PREMIER, PARKER SONNET, PEN & INK, PENGUIN, PHD, PINK PEARL, PMOP, POINT GUARD, POWER MARK, PRINCESS, PRISMACOLOR, PROFILE, QUINK, RENOIR, ROTRING, RUB-A-DUB, SAGA, SANFORD, SANFORD CHEVRON LOGO, SEE FOR YOURSELF, SERENITE, SHARPIE, SHARPWRITER, SILHOUETTE, SILVER COAT, STAR, STICKPEN, TECHNICIAN, TOP NOTCH, TUFF STUFF, TUFFILM, UNION, VACUHOLD, VECTOR, VIS-À-VIS, WATERMAN, WATERMAN “W” HEXAGONAL DESIGN, WATERMAN L’ETALON, WRITE BROS., YIKES!, ZEZE.

2. LEGAL

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE.
By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. Newell Rubbermaid is free to revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

This website is owned and operated by Newell Rubbermaid Inc. and its subsidiaries and affiliates (collectively “Newell Rubbermaid,” “we,” or “us”). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use. In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for only your personal, non-commercial use. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of Newell Rubbermaid and any copyright owner from whom we have obtained a license. Requests for such permission should be made to: [adm@newellco.com or to the contact specified below]. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without Newell Rubbermaid’s written permission.

CONTENTS AND HYPERLINKS

This website may contain hyperlinks to third party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Newell Rubbermaid has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website, Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. If you want to link to this website, please contact: HYPERLINK “mailto:e-business@newellco.com”e-business@newellco.com before creating that link so the site may be previewed. Newell Rubbermaid expressly forbids the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon approval.

USER CONTENT

Newell Rubbermaid is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to Newell Rubbermaid or postings on interactive portions of this website, shall be deemed and shall remain the property of Newell Rubbermaid. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate your for the receipt or use of such Communications. Newell Rubbermaid is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE Newell Rubbermaid from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or Newell Rubbermaid, you hereby grant Newell Rubbermaid, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived.

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

Newell Rubbermaid does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

(1) You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
(2) You will not upload viruses or harmful components.
(3) You will not use the website to further any illegal purpose or to violate the rights of any party.
(4) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services. Newell Rubbermaid will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

PRODUCTS, SERVICES AND SOFTWARE

Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Newell Rubbermaid or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software. A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Newell Rubbermaid of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.

NO REPRESENTATIONS OR WARRANTIES

Newell Rubbermaid makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Newell Rubbermaid’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD NEWELL RUBBERMAID HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED “AS IS.” NEWELL RUBBERMAID DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NEWELL RUBBERMAID BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NEWELL RUBBERMAID’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
JURISDICTION AND CHOICE OF LAW
Newell Rubbermaid controls and manages this website from its facilities in the State of Illinois in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. These terms of use shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law. You and Newell Rubbermaid irrevocably consent to the exclusive jurisdiction of the courts located in Illinois in connection with any action arising out of or related to these terms of use or their subject matter. You and Newell Rubbermaid waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

TRADEMARKS AND COPYRIGHTS

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Newell Rubbermaid or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Newell Rubbermaid is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).

SECURITIES AND INVESTMENT

This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This website may contain information and press releases about and by Newell Rubbermaid. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the ‘safe harbor’ for forward-looking information and is subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as “believes,” “anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “estimates,” “predicts,” “is designed to,” “with the intent,” “potential,” and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to, general economic and currency conditions, various conditions specific to the Newell Rubbermaid’s business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, Newell Rubbermaid’s accounting policies, future trends, and other risks which are detailed in Newell Rubbermaid’s Securities and Exchange Commission filings.

SEVERABILITY

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions. PRIVACY Please see our Privacy Policy for information regarding the collection and use of personal information from this website. Despite any representations concerning privacy, Newell Rubbermaid reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

GENERAL

These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Newell Rubbermaid reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Newell Rubbermaid may have. Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control. Unless otherwise indicated, all material on this site © 2000 Newell Rubbermaid Inc. All rights reserved.

CONTACT INFORMATION:

E-Business Team
Newell Rubbermaid, Inc.
29 East Stephenson Street
Freeport, IL 61032
Questions about our products should not be directed to this address and will not be replied to.

PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

Notification must be submitted to the following Designated Agent: Service Provider(s): Newell Rubbermaid Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel
Full Address of Designated Agent to Which Notification Should Be Sent: 10B Glenlake Parkway, Atlanta, GA 30328
Telephone Number of Designated Agent: (770) 407-3800
Facsimile Number of Designated Agent: (770) 407-3987
E-mail Address of Designated Agent: copyright@newellco.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that alledgedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3. PRIVACY POLICY

Privacy Policy

By using or accessing this website you signify your acknowledgment and assent to the Privacy Policy set forth below. If you do not agree to this policy, please do not use this website. Company can revise this policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes. This policy is intended to help you understand how Newell Rubbermaid Inc, its subsidiaries and affiliates (“Newell Rubbermaid,” “we,” or “us”) collect, use and safeguard the information you provide on our website.

Personal Data

If you browse any Newell Rubbermaid website, you may generally do so anonymously without providing any personal information. However, there are cases in which we may ask you for personal data. For example, we will occasionally conduct on-line surveys to better understand the needs and profile of our visitors. In addition, we may request personal information when you register to receive additional information regarding our products and services, sign up for a newsletter, or send us a question. Even if you choose not to give information we request, you can still visit most of the Newell Rubbermaid website, but you may be unable to access certain options, offers, and services.
In case you change your mind or wish to update or delete personal information (such as your zip code), we will endeavor to correct, update or remove the personal data you give us. You can do this by contacting us at the contact points specified below.

Orders

When you place an order for a product, we need to know your name, e-mail address, mailing address, credit card number and expiration date. This personal information is required so that we can process and fulfill your order, send an order or shipping confirmation, as well as notify you of your order status. All Internet transactions with Newell Rubbermaid are performed on a secure server that encrypts your credit card information to ensure it is not read by unauthorized third parties.

NEWELL RUBBERMAID MAILINGS

If you provide us with personal information, and choose to join a particular company’s email list, we will place you on that company’s list to receive e-mail regarding product updates, special offers, important issues and new products from that company as well as other subsidiary companies of Newell Rubbermaid. If you do not wish to receive e-mail updates, please contact us at the contact points specified below.

USE OF PERSONAL DATA

Personal information provided by users who are 13 or more years of age may be used for marketing and promotional purposes only by Newell Rubbermaid and its subsidiaries and affiliates. Newell Rubbermaid does not rent, sell or otherwise distribute to third parties, your personal information entered on this site without your consent, unless required by law or as disclosed to you when the information is collected. If you do provide us with consent to share your information with other companies, we may share your information with companies who offer products and services that may be of interest to you. These companies may then contact you directly with product or sample offers, personalized offers and information, or to ask for your feedback on products and programs that they think may be of interest to you. While we use all reasonable efforts to safeguard the confidentiality of your information, Newell Rubbermaid will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties. Newell Rubbermaid also reserves the right to change or update this policy, or any other policy or practice, at any time, with reasonable notice to users of its website. Any changes or updates will be effective immediately upon posting to the Newell Rubbermaid site.
We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize Newell Rubbermaid website content and advertising to deliver a better experience to our users.

COOKIES AND IP TRACKING

This site may use cookies for site administration purposes. If for any reason you wish to not take advantage of cookies, you may have your browser not accept them, although this may disable or render unusable some of the features of the Newell Rubbermaid website.
This website also may detect and use your IP address or domain name for internal traffic monitoring and capacity purposes or to otherwise administer our website. No personal information is obtained; rather, just the patterns of usage of our various users may be tracked to provide you with improved service and content based on aggregate or statistical reviews of user site traffic patterns.

SPECIAL CASES

Newell Rubbermaid reserves the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Newell Rubbermaid website users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation.

POLICIES FOR CHILDREN

Newell Rubbermaid encourage parents and guardians to monitor and participate in their children’s online activities. Unless you are viewing a website directed specifically to children, no information should be submitted to this site by users under 13 years of age, and users under 13 years old are not allowed to register for newsletters, clubs or activities. In addition, users under 18 years of age are not allowed to make purchases or participate in contests, except for those specifically directed to children. Where appropriate, Newell Rubbermaid may ask you to indicate your age to verify compliance with these policies. Newell Rubbermaid does not knowingly collect information from our guests under 13 years of age or provide any personally identifying information from such guests to any third party for any reason whatsoever. We do not allow guests known to be under 13 years of age to receive direct marketing communications from Newell Rubbermaid or from third parties.

LINKED SITES

Please be advised that our website may contain links to third party websites. The linked sites are not under the control of Newell Rubbermaid, and we are not responsible for the contents or privacy practices of any linked site or any link on a linked site.

Material on this Site

Material on this site may be subject to one or more U.S. Patents used under license from Applied Interact LLC: Numbers 4,745,468, 4,876,592, 4,926,255, 5,034,807, 5,057,915, 5,128,752, 5,227,874, 5,249,044, 5,283,734, 5,368,129, 5,508,731, 5,697,844, 5,713,795, 5,759,101, 5,916,024, 6,443,840.

CONTACT INFORMATION:

E-Business Team
Newell Rubbermaid, Inc.
29 East Stephenson Street
Freeport, IL 61032
email: privacy@newellco.com

If you would like your email address removed from our database, please send an email to optout@newellco.com and type the word “Remove” in the subject line.
Questions about our products should not be directed to this address and will not be replied to. Please use this contact information only for legal and privacy policy matters. For all other inquiries, refer to the Contact Us section of our home page.