Applica Incorporated

Applica Consumer Products, Inc. and its affiliates ("Applica", "we" or "us") have created and maintain this website for your benefit, information, education and communication. By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. We reserve the right to change the terms and conditions from time to time at our sole discretion. Such changes will be effective immediately upon posting to the website. In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations.

These terms and conditions 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. Applica 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 Applica 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.

This website and the information contained or referred to herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

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 are 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 are subject to certain risks and uncertainties that could cause actual results to differ materially from those set forth in the forward-looking statements. These factors include the risks and uncertainties that are detailed from time to time in Applica's Securities and Exchange Commission filings.

Postings to this website are made at such times as Applica determines in its discretion. 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. You should not assume that the information contained on the website has been updated or otherwise contains current information. Applica does not review past postings to determine whether they remain accurate, and information contained on this website may have been superseded.

The materials contained in this website are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Applica, except as expressly provided in these terms and conditions or in the text on the website. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Applica. Applica neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Applica.

Images of people or places displayed on the website are either the property of, or used with permission by, Applica.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 website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the website are registered and unregistered Trademarks of Applica and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Applica or the appropriate third party. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Applica will aggressively enforce its intellectual property rights to the fullest extent of the law.

Black & Decker^® is a trademark of The Black & Decker Corporation, Towson, Maryland, USA

Teflon^® and Teflon Select™ are trademarks of the E.I. Dupont de Nemours & Co.

Applica 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 Applica's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMEN^TM USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD APPLICA HARMLESS FROM, AND YOU COVENAN^TM NO^TM TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOS^TM DATA, WORK DELAYS OR LOS^TM PROFITS RESULTING FROM USE OF MATERIALS OR CONTEN^TM FROM THIS WEBSITE.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." NEITHER APPLICA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OU^TM OF ACCESS TO, OR USE OF, THE WEBSITE INCLUDING, WITHOU^TM LIMITATION, LOS^TM PROFITS OR REVENUES, COSTS OF REPLACEMEN^TM GOODS, LOSS OR DAMAGE TO DATA ARISING OU^TM OF THE USE OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF APPLICA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOU^TM LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED WITHOU^TM WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BU^TM NO^TM LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMEN^TM OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. APPLICA DOES NO^TM IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THA^TM ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NO^TM WARRAN^TM THA^TM THIS WEBSITE WILL BE ERROR-FREE OR THA^TM DEFECTS WILL BE CORRECTED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

We also assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website.

Please see our Privacy Policy for information regarding the collection of personal information from this website.

Despite any representations concerning privacy, Applica 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.

The information provided at this website is published throughout the world. Applica controls and manages this website from its facilities 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. Please contact your local sales representative for information as to products and services available in your country.

This website may contain links to third party sites. Such linked sites are not under the control of Applica, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user's own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by Applica of such third party sites or any goods or services offered by such third parties.

Applica 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 see our Inventor’s Corner page). 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 Applica or postings on interactive portions of this website, shall be deemed and shall remain the property of Applica. 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 you for the receipt or use of such Communications. Applica 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 Applica 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 Applica, you hereby grant Applica, 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.

Applica 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:

You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
You will not upload viruses or harmful components.
You will not use the website to further any illegal purpose or to violate the rights of any party.
You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Applica will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

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 Applica 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. 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 Applica 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.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida and the United States of America, without giving effect to any principles of conflicts of law. You and Applica irrevocably consent to the exclusive jurisdiction of the courts located in Florida in connection with any action arising out of or related to these terms of use or their subject matter. You and Applica waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

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.