Terms of Use

1. Introduction

Please read the following terms and conditions carefully and understand them fully because you may not use this site, its contents or information without prior acceptance of these terms and conditions. If you do not understand any part(s) of these Terms and Conditions, please obtain legal advice. Use of this site automatically constitutes your acceptance of and agreement to, without modification, these terms and conditions and your waiver of any and all claims against Helen of Troy, Inc., its owners, officers, employees, subsidiaries, affiliates, contractors, licensors and agents arising out of your use of this site or any information, instructions, opinions, recommendations or other materials contained therein. Helen of Troy, Inc.’s performance of this agreement is subject to existing laws and legal processes. Nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Helen of Troy, Inc. with respect to such use.

2. Submissions

If you transmit or otherwise submit any information or material to us through this site, all remarks, suggestions, ideas, graphics, or other information that you communicate to Helen of Troy, Inc. become and remain our property, even if this agreement is later terminated. You acknowledge that you alone are responsible for any submission you make and that you have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. By transmitting or posting any communication or material to this site you agree that Helen of Troy, Inc. and/or any of its subsidiaries, affiliates or licensors:

• may use your submission as material for any purpose, including reproduction, transmission, publication, broadcast and posting;
• has full rights to and exclusive ownership of any and all present and future ideas you submit (including, but not limited to, product or advertising ideas);
• can use them for any purpose, without compensating you or anyone else for them and that you will not sue for any use of these or similar ideas;
• not have to treat any such communication as confidential.

You may not add, alter, substitute or amend, partially or in whole, any information contained in this site. You may not e-mail, post, upload or otherwise transmit any unlawful, threatening, harmful, harassing, libellous, defamatory, abusive, obscene, pornographic, profane or otherwise objectionable content or any material of any kind that could constitute or encourage conduct that would be considered a criminal offence or intentionally or unintentionally violate any applicable local, state, national or international law.

3. Hyperlinks

This site may contain hyperlinks to Web sites operated by third parties. Such hyperlinks are provided for your reference only; Helen of Troy, Inc. does not control such sites and is not responsible for their access or contents. Helen of Troy, Inc.’s inclusion of hyperlinks to such sites does not imply any endorsement of the material contained therein or any association with their owners or operators.

4. Disclaimer of Warranty and Responsibility

Access to and use of this site and the content is at your own risk. Helen of Troy, Inc. assumes no responsibility for and makes no express or implied warranties or representations about the accuracy or completeness of this site including, but not limited to,

• the information, text, data,
• music, sound,
• artwork, illustrations,
• photographs, graphics, video,
• software,
• links, or

any other materials contained within this site, or of any content of any site or sites linked to this site. Helen of Troy, Inc. also does not endorse or approve any products or information offered at sites you reach through our site.

These materials may have technical inaccuracies, typographical errors and/or omissions and are provided as is and as available without representation, endorsement or express or implied warranty of any kind including, but not limited to,

• implied warranties of merchantability,
• fitness for a particular purpose,
• non-infringement, or
• that defects will be corrected,
• that the functional elements contained in the materials will be uninterrupted or error-free,
• that our sites or the servers that make them available are free of viruses or other harmful components, or that successful results or outcomes will result from properly following any instructions or directions contained in the materials.

Helen of Troy, Inc., at its sole discretion, makes no commitment to, but may at any time, make any updates, modifications, improvements and/or changes to these terms and conditions, or to any information, products or any other materials on this site, at any time with or without any notice.

Exception: in certain states, the law may not allow us to disclaim or exclude warranties, so the above disclaimer may not apply to you.

5. Limitation of Liability

Neither Helen of Troy, Inc., nor any of its owners, officers, employees, subsidiaries, affiliates, contractors, licensors and agents nor any party involved in creating or delivering this site (hereafter referred to as “we” or “us”) shall have any obligation or responsibility whatsoever regarding any content derived, obtained, accessed within, through or outside this site or be liable for any special, direct, indirect, incidental, exemplary, consequential, punitive or any other damages, or loss, expense or injury of any kind including, without limitation, lost revenues or profits, goodwill, use, data or other intangible losses arising out of:

• the information, text, data,
• music, sound,
• artwork, illustrations,
• photographs, graphics, video,
• software,
• links, or

Furthermore, we are not liable even if we’ve been negligent and/or if we or our authorized representative(s) have been advised of the possibility of such damages. No advice or information, whether oral or written, obtained by you by any means from us shall create any warranty of any kind.

Exception: in certain states, the law may not allow limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. But in any event, our liability to you for all losses, damages, injuries, and claims of every kind (whether the damages are claimed under the terms of a contract, or they’re claimed to be caused by negligence or other wrongful conduct, or they’re claimed under any other legal theory) will not be greater than the amount you paid to specifically access our site.

If any provision of these Terms and Conditions or agreement is determined to be invalid, unlawful, void or unenforceable, pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such provision MI be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and it will not affect the validity and enforceability of any remaining provisions.

6. Territory Disclaimer

Helen of Troy, Inc., invites Canadian residents to access and use this Internet site subject to these Terms and Conditions and all applicable laws. This site and all information and other materials contained therein is intended for access and use by Canadian residents only. Helen of Troy, Inc., in no way implies that the materials on the sites are appropriate or available for use outside of the Canada. All advertising, information and claims are valid only in the Canada unless otherwise specified.

This site may contain references or cross-references to Helen of Troy, Inc._ products and services that are not, or not readily, available outside of the Canada. Any such reference does not imply that Helen of Troy, Inc. intends to market such products or services in any country. All access to and use of this site and related actions must be specific to and related to solutions using only products and services Helen of Troy, Inc., markets in Canada unless otherwise specified.

7. Copyright and Trademarks

Certain trademarks used under license from The Procter & Gamble Company or its affiliates.

SleepyTime™, NaturalCare™, CoolRelief™, Comfortflex®, SpeedRead™, Fever InSight® and DigitalPlus® are trademarks of Helen of Troy Limited.

All materials appearing or contained in this website including without limitation all

• information, data, text, editorial content,
• names, logos, marks,
• photographs, video, illustrations, artwork, product and package designs and other graphic materials,
• promotions, public relations, advertising, and

other contents of this site, are the sole proprietary property of Helen of Troy, Inc., its affiliates or licensors in the geographies where Helen of Troy, Inc. markets products bearing such trademarks, except as otherwise noted, and are protected from copying, simulation or distribution under national and international trademark, patent, copyright and intellectual property laws and treaties. The use or misuse of these trademarks or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

A single copy of material published or contained in this site may be displayed and used solely for your personal, non-commercial use, provided you do not (and do not allow any third party to) remove any proprietary notices or delete or change any copyright, trademark, or other proprietary information. You may not otherwise:

• copy, reproduce,
• revise, convert, modify,
• transmit, distribute, disseminate, broadcast, re-post, circulate,
• upload, download,
• display, mirror on another server or site,
• reverse-engineer, create a derivative work of, reverse assemble or otherwise attempt to discover any source code,
• inline any of the graphics or other material, or
• rent, sell, assign, sublicense, or otherwise transfer any right to

all or any part of the software or material published on this site without Helen of Troy, Inc.’s prior written permission.

Helen of Troy, Inc. retains full and complete title to all intellectual-property rights. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Helen of Troy Inc, its subsidiaries, affiliates, licensors or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right to any copyright or other intellectual property rights in relation to any information, products or other materials.