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Terms of Use
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DuracellDirect.com provides its services to you subject to the
following conditions. If you visit, use or make purchases at the
DuracellDirect.com web site, you accept these conditions. Please
read them carefully. In addition, when you use, visit or purchase
from any web site affiliated with DuracellDirect.com, whether or
not included in the DuracellDirect.com web site, you also will be
subject to the guidelines and conditions applicable to such service
or business.
ELECTRONIC COMMUNICATIONS
When you visit DuracellDirect.com or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with
you by e-mail or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that
such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data
compilations and software, is the property of DuracellDirect.com
and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive
property of DuracellDirect.com and its affiliates and is protected
by U.S. and international copyright laws. All software used on this
site is the property of DuracellDirect.com, its affiliates or its
software suppliers and protected by United States and international
copyright laws.
TRADEMARKS
DuracellDirect.com, Duracell®,
Hi-Capacity® and other marks
indicated on our site are registered trademarks of
DuracellDirect.com and its affiliates, in the United States and
other countries. All graphics, product images, logos, page headers,
button icons, scripts, and service names are trademarks or trade
dress of DuracellDirect.com and its affiliates.
DuracellDirect.com's and its affiliates’ trademarks and trade
dress may not be used in connection with any product or service
that is not DuracellDirect.com's, in any manner that is likely to
cause confusion among customers, or in any manner that disparages
or discredits DuracellDirect.com. All other trademarks not owned
by DuracellDirect.com or its subsidiaries and affiliates that appear
on this site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by
DuracellDirect.com or its subsidiaries.
LICENSE AND SITE ACCESS
DuracellDirect.com grants you a limited license to access and make
personal or company use of this site and not to download (other
than page caching) or modify it, or any portion of it, except with
express written consent of DuracellDirect.com. This license does
not include any resale or commercial use of this site or its
contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its
contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. This site or any
portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of DuracellDirect.com.
You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images,
text, page layout, or form) of DuracellDirect.com and our affiliates
without express written consent. You may not use any meta tags or
any other "hidden text" utilizing DuracellDirect.com's name or
trademarks without the express written consent of
DuracellDirect.com. Any unauthorized use terminates the permission
or license granted by DuracellDirect.com. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home
page of DuracellDirect.com so long as the link does not portray
DuracellDirect.com, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any DuracellDirect.com logo or other proprietary
graphic or trademark as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. If
you are under 18, you may use DuracellDirect.com only with
involvement of a parent or guardian. DuracellDirect.com and its
affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
COMMUNICATIONS AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software
viruses, political campaigning, 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 as to the origin of an e-mail or other content.
If you do submit material, and unless we indicate otherwise, you
grant DuracellDirect.com and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content
throughout the world in any media. You grant DuracellDirect.com and
its affiliates and sublicensees the right to use the name that you
submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the
rights to the content that you submit; that the content is accurate;
that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will
indemnify DuracellDirect.com or its affiliates for all claims
resulting from content you supply.
RISK OF LOSS
All items purchased from DuracellDirect.com are made pursuant to a
shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
DuracellDirect.com and its affiliates attempt to be as accurate as
possible. However, DuracellDirect.com does not warrant that product
descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by
DuracellDirect.com itself is not as described, your sole remedy is
to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products
on our website represents the full retail price listed on the
product itself, suggested by the manufacturer or supplier, or
estimated in accordance with standard industry practice. The List
Price is a comparative price estimate and may or may not represent
the prevailing price in every area on any particular day. For
certain items that are offered as a set, the List Price may
represent "open-stock" prices, which means the aggregate of the
manufacturer's estimated or suggested retail price for each of the
items included in the set.
With respect to items sold by DuracellDirect.com, we cannot confirm
the price of an item until you order; however, we do NOT charge your
credit card until after your order has entered the shipping process.
Despite our best efforts, a small number of the items in our catalog
may be mispriced. If we discover a mispricing, we will do one of the
following:
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If an item's correct price is lower than our stated
price, we will charge the lower amount and ship you the item.
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If an item's correct price is higher than our stated price,
we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify
you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY DURACELLDIRECT.COM ON AN "AS IS" AND "AS
AVAILABLE" BASIS. DURACELLDIRECT.COM 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, DURACELLDIRECT.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. DURACELLDIRECT.COM DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM DURACELLDIRECT.COM ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. DURACELLDIRECT.COM 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.
APPLICABLE LAW
By visiting DuracellDirect.com, you agree that the laws of the state
of California, 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 DuracellDirect.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to DuracellDirect.com
or to products you purchase through DuracellDirect.com shall be
submitted to confidential arbitration in Ventura County, California,
except that, to the extent you have in any manner violated or
threatened to violate DuracellDirect.com's intellectual property
rights, DuracellDirect.com may seek injunctive or other appropriate
relief in any state or federal court in the state of California,
and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement 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. To the fullest extent
permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings or
otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and
these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
OUR ADDRESS
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DuracellDirect.com
1380 Flynn Road
Camarillo, CA 93012
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