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TERMS OF USE FOR THIS SITE
Welcome to the Tupperware Chain of Confidence ® website (the "Website"). By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by the following Terms of Use.
1. Accuracy of Information. Tupperware Brands Corporation attempts to be as accurate as possible when providing you with information about us on the Website; however, to the extent permitted by applicable law, we do not warrant that the content available on the Website is accurate, complete, reliable, current, or error-free.
2. Intellectual Property. The content of this Website including, but not limited to, text, graphics, logos, button icons, images, data compilations, and software, and the compilation thereof (the "Content") is the property of Tupperware Brands Corporation, its subsidiaries or affiliates, and is protected by United States and international copyright laws. The content of this Website, in whole or in part, may not be reproduced, copied, distributed, used, sold, modified, or otherwise exploited without the prior written permission of Tupperware Brands Corporation, its subsidiaries or affiliates. The trademarks, logos and service marks appearing on this Website are registered and unregistered marks owned by Tupperware Brands Corporation, its subsidiaries or affiliates, in the United States and/or other countries. All trademarks not owned by Tupperware Brands Corporation, its subsidiaries or affiliates that appear on the Website are the property of their respective owners.
3. Limited License. Tupperware Brands Corporation grants you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without the prior written consent of Tupperware Brands Corporation. The limited license granted herein does not include the right to: (i) modify or download the Website or its Content (except for caching); (ii) make any use of the Website or its Content other than for personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) use any meta tags or any other "hidden text" utilizing our name or our trademarks without our express written consent; or (v) use software robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the Website terminates the limited license set forth herein without prejudice to any other remedy provided by applicable law.
4. Third Party Links. Tupperware Brands Corporation is not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by Tupperware Brands Corporation, our affiliates or our partners of the referenced content, product, service, or supplier. Any linking to or from any off-Website pages or other websites is done completely at your own risk. Tupperware Brands Corporation has not conducted any examination or evaluation of off-Website pages or any other websites linked to or from the Website and we do not warrant the offerings of off-Website pages or any other websites linked to or from the Website nor do we assume any responsibility or liability for the actions, content, products or services of off-Website pages and/or websites including, without limitation, their privacy policies or statements and terms and conditions. Tupperware Brands Corporation encourages you to carefully review the terms and conditions and the privacy policies of all off-Website pages and other websites that you visit.
5. Content of Message Boards and Posts. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials appearing in the Message Boards or Posts ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Tupperware Brands Corporation, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Tupperware® Chain of Confidence. Tupperware Brands Corporation does not control the Content posted via the Message Boards or Posts and, as such, does not guaranty the accuracy, integrity or quality of such Content. You understand that by using the Message Boards and Posts that you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Tupperware Brands Corporation be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Message Boards and Posts.
You agree not to use the Message Boards and Posts to:
6. Submissions. It is the policy of Tupperware Brands Corporation to decline unsolicited suggestions, ideas or comments; however, we do welcome your inquiries. Notwithstanding our policy with regard to suggestions, ideas or comments, any suggestions, ideas, comments, inquiries or other information you provide to us (collectively, "Submissions") will be treated by Tupperware Brands Corporation and its affiliates as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant to Tupperware Brands Corporation and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that Tupperware Brands Corporation and its affiliates may use your Submission, and any ideas, concepts, or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you choose to make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Tupperware Brands Corporation and its affiliates for all claims arising from your claims to any rights in any Submission.
7. Representations and Warranties; Limitation of Liability. THIS WEBSITE IS PRESENTED "AS IS." TUPPERWARE BRANDS CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OF IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT TUPPERWARE BRANDS CORPORATION AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INNCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND THE REASONABLE CONTROL OF TUPPERWARE BRANDS CORPORATION. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUPPERWARE BRANDS CORPORATION WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TUPPERWARE BRANDS CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TUPPERWARE BRANDS CORPORATION EXCEED ONE HUNDRED DOLLARS ($100.00).
8. Indemnification. You agree to indemnify, defend and hold harmless Tupperware Brands Corporation for any loss, damages or costs, including reasonable attorney's fees, resulting from any third party claim, action, or demand resulting from your use of the Website. Your also agree to indemnify Tupperware Brands Corporation for any loss, damages, or costs, including reasonable attorney's fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering or extraction tools, or any other action you takes that imposes an unreasonable burden or load on our infrastructure.
9. Disputes. With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of the State of Florida, as if the Terms of Use were a contract wholly entered into and wholly performed in the State of Florida. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Florida, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Tupperware Brands Corporation or its affiliates, we may seek injunctive or other appropriate relief in Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
10. General. Tupperware Brands Corporation reserves the right, in its sole discretion, to change these Terms of Use and the Privacy Policy at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. Tupperware Brands Corporation may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice by ceasing all use of the Website. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole.
1. Accuracy of Information. Tupperware Brands Corporation attempts to be as accurate as possible when providing you with information about us on the Website; however, to the extent permitted by applicable law, we do not warrant that the content available on the Website is accurate, complete, reliable, current, or error-free.
2. Intellectual Property. The content of this Website including, but not limited to, text, graphics, logos, button icons, images, data compilations, and software, and the compilation thereof (the "Content") is the property of Tupperware Brands Corporation, its subsidiaries or affiliates, and is protected by United States and international copyright laws. The content of this Website, in whole or in part, may not be reproduced, copied, distributed, used, sold, modified, or otherwise exploited without the prior written permission of Tupperware Brands Corporation, its subsidiaries or affiliates. The trademarks, logos and service marks appearing on this Website are registered and unregistered marks owned by Tupperware Brands Corporation, its subsidiaries or affiliates, in the United States and/or other countries. All trademarks not owned by Tupperware Brands Corporation, its subsidiaries or affiliates that appear on the Website are the property of their respective owners.
3. Limited License. Tupperware Brands Corporation grants you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without the prior written consent of Tupperware Brands Corporation. The limited license granted herein does not include the right to: (i) modify or download the Website or its Content (except for caching); (ii) make any use of the Website or its Content other than for personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) use any meta tags or any other "hidden text" utilizing our name or our trademarks without our express written consent; or (v) use software robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the Website terminates the limited license set forth herein without prejudice to any other remedy provided by applicable law.
4. Third Party Links. Tupperware Brands Corporation is not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by Tupperware Brands Corporation, our affiliates or our partners of the referenced content, product, service, or supplier. Any linking to or from any off-Website pages or other websites is done completely at your own risk. Tupperware Brands Corporation has not conducted any examination or evaluation of off-Website pages or any other websites linked to or from the Website and we do not warrant the offerings of off-Website pages or any other websites linked to or from the Website nor do we assume any responsibility or liability for the actions, content, products or services of off-Website pages and/or websites including, without limitation, their privacy policies or statements and terms and conditions. Tupperware Brands Corporation encourages you to carefully review the terms and conditions and the privacy policies of all off-Website pages and other websites that you visit.
5. Content of Message Boards and Posts. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials appearing in the Message Boards or Posts ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Tupperware Brands Corporation, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Tupperware® Chain of Confidence. Tupperware Brands Corporation does not control the Content posted via the Message Boards or Posts and, as such, does not guaranty the accuracy, integrity or quality of such Content. You understand that by using the Message Boards and Posts that you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Tupperware Brands Corporation be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Message Boards and Posts.
You agree not to use the Message Boards and Posts to:
- Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Message Boards and Posts;
- Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of a nondisclosure agreement);
- Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are designated for such purpose;
- Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, case a screen to "scroll" faster than other users of the Message Board and Posts are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Message Boards and Posts or servers or networks connected to the Message Boards and Posts, or disobey any requirements, procedures, policies or regulations of networks connected to the Message Boards and Posts;
- Violate any applicable local, state, national or international law; and/or
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above in this section.
6. Submissions. It is the policy of Tupperware Brands Corporation to decline unsolicited suggestions, ideas or comments; however, we do welcome your inquiries. Notwithstanding our policy with regard to suggestions, ideas or comments, any suggestions, ideas, comments, inquiries or other information you provide to us (collectively, "Submissions") will be treated by Tupperware Brands Corporation and its affiliates as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant to Tupperware Brands Corporation and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that Tupperware Brands Corporation and its affiliates may use your Submission, and any ideas, concepts, or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you choose to make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Tupperware Brands Corporation and its affiliates for all claims arising from your claims to any rights in any Submission.
7. Representations and Warranties; Limitation of Liability. THIS WEBSITE IS PRESENTED "AS IS." TUPPERWARE BRANDS CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OF IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT TUPPERWARE BRANDS CORPORATION AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INNCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND THE REASONABLE CONTROL OF TUPPERWARE BRANDS CORPORATION. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUPPERWARE BRANDS CORPORATION WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TUPPERWARE BRANDS CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TUPPERWARE BRANDS CORPORATION EXCEED ONE HUNDRED DOLLARS ($100.00).
8. Indemnification. You agree to indemnify, defend and hold harmless Tupperware Brands Corporation for any loss, damages or costs, including reasonable attorney's fees, resulting from any third party claim, action, or demand resulting from your use of the Website. Your also agree to indemnify Tupperware Brands Corporation for any loss, damages, or costs, including reasonable attorney's fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering or extraction tools, or any other action you takes that imposes an unreasonable burden or load on our infrastructure.
9. Disputes. With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of the State of Florida, as if the Terms of Use were a contract wholly entered into and wholly performed in the State of Florida. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Florida, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Tupperware Brands Corporation or its affiliates, we may seek injunctive or other appropriate relief in Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
10. General. Tupperware Brands Corporation reserves the right, in its sole discretion, to change these Terms of Use and the Privacy Policy at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. Tupperware Brands Corporation may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice by ceasing all use of the Website. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole.
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