BatteriesPlus.com Conditions of Use - Version 1.0 April 1, 2006
Your use of the Batteries Plus web site is governed by these Conditions of Use. If you visit, use or make purchases at this website, you accept these conditions; please read them carefully.
This Conditions of Use agreement may be changed from time to time without notice. Each version of the Conditions of Use is marked with a version number and effective date. We recommend that you visit our web site periodically to review any changes.
Intellectual Property/Content Ownership and Use
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Batteries Plus or its content suppliers and protected by U.S. and International copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Batteries Plus and protected by U.S. and International copyright laws. All software used on this site is the property of Batteries Plus and protected by U.S. and International copyright laws. The content and software on this site may be used as a shopping, selling, and e-card resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Please be specifically advised that the content of this website includes, without limitation, the names, logos, images, slogans, product designs, packaging and trade dress of the Batteries Plus products displayed on this website. Many of the names, slogans and/or marks are Registered Trademarks (®) of Batteries Plus, LLC. No unauthorized use may be made of this content.
You are responsible for any use of this website by anyone using your credit card number, password or other identifier. You are also responsible for activities that occur within your Batteries Plus account. Thus, if for any reason you suspect that your credit card, password or other identifying information has been compromised, you should contact Batteries Plus immediately.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BATTERIES PLUS ON AN "AS IS" AND "AS AVAILABLE" BASIS. BATTERIES PLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BATTERIES PLUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BATTERIES PLUS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BATTERIES PLUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BATTERIES PLUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Batteries Plus, you agree that the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Batteries Plus or its affiliates. All disputes or claims arising out of use of the site will be resolved in the state or federal courts located in Wisconsin.
Disclaimer With Respect to Other Internet Sites
Batteries Plus has not reviewed all of the sites, or content of sites, that may be accessed by or linked to this website. Batteries Plus is not responsible for the content of any pages or images, information, or data which are not contained on this website. Viewing of any and all other websites will be at your own risk.
Submission of Information and Other Content
1. License: To the extent that portions of this website permit you to send e-mails, submit information for contests or other promotions, or otherwise submit content (including, without limitation, questions, requests, comments, recipes, suggestions, stories, ideas, inventions, information, data, images, likenesses or text) to Batteries Plus and/or this website, whether or not such content is viewable in chat rooms or otherwise on this website, please be advised that by submitting such content you grant Batteries Plus a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable license to any rights you have in the content submitted, including, but not limited to, the rights to use, display, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline. Batteries Plus may treat any communication between you and Batteries Plus as non-confidential and non-proprietary. Batteries Plus is free to use any ideas, techniques, inventions, concepts, recipes, know-how or other information that you provide to Batteries Plus for any purpose whatsoever, including but not limited to any development of products or methods, manufacturing and marketing activities, sales material or efforts, or any other business use, without compensation or remuneration.
2. Standards: You agree not to submit any content to Batteries Plus that: (a) infringes on any third-party intellectual property, publicity, privacy, moral, ethical, or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors or pornographic; (d) contains any viruses, Trojan horses, worms, or other harmful components, including, but not limited to, computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information; (e) constitutes unsolicited junk or bulk e-mail ("spam"); (f) constitutes the act known as "phishing"; or (g) is otherwise criminal.
3. Warranty/Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral and other rights to any content that you submit to us. You further agree to defend, indemnify and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone's rights were violated by our display or other use of the content that you provide to us.
4. Monitoring of Content/Removal: You agree that Batteries Plus has no responsibility to monitor, review, edit or control any content or other information that you or others submit to the website. You further agree that Batteries Plus may modify, remove or refuse to accept any content on this website for any reason. In certain cases, your access to the website may permit you to modify or remove content that you previously submitted. At your request, Batteries Plus may also modify or remove content that you submitted. Please note that we may also decline to modify or remove content that you submitted, despite your request. In addition, we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by another person or entity.
Without Batteries Plus' consent, you may not: (a) link to this website; (b) use any automated means to access the website or collect any information from the website, including without limitation robots, spiders, scripts or the like; or (c) frame the website, place pop-up windows over its pages or otherwise affect the display of its pages.
Under no circumstances whatsoever may you: (a) derive or attempt to derive the source or object code, source files or structure of this website or its content by reverse engineering, disassembly, decompilation or any other means; (b) attempt to access the accounts of others or attempt to penetrate security measures of the systems of Batteries Plus or its affiliates ("hacking"), whether or not the intrusion results in corruption or loss of data; or (c) transmit to Batteries Plus or by means of this website unauthorized or unsolicited advertising, junk or bulk e-mail ("spam"), or any other such form of unauthorized or unsolicited transmission.
Batteries Plus makes no representation that this website or its content are appropriate for or available to locations outside the United States of America, and using this website from territories where it is illegal to do so is prohibited. Such is done at your own risk and you are responsible for compliance with all local laws.
Please address any questions or correspondence to:
Batteries Plus, LLC.
925 Walnut Ridge Drive
Hartland, WI 53029
To contact Batteries Plus by email, please see or reference the Contact Us page in our website.
Legal notices must be sent to Batteries Plus' postal address. Batteries Plus may contact you and communicate official notices to you at your e-mail address, postal mail address, home or work address, telephone number or fax number. Batteries Plus is entitled to assume that any address information that you provide to us is correct. Notice to you will be considered given when sent.
© 2010 Batteries Plus, LLC, all rights reserved.