Terms of Use

Your use of this website is expressly conditioned on your acceptance of these Terms of Use. If you do not agree with any part of the Terms of Use, you must not use this website. You must be at least 18 years of age to use this website. By using this website, and by agreeing to these Terms of Use, you warrant and represent that you are at least 18 years of age. By agreeing to these Terms of Use and using this website, you are giving up certain legal rights, including the right to bring a claim in court or to participate in a class action, and are agreeing to mandatory binding individual arbitration of any and all claims and disputes, as provided in the “Dispute Resolution (Arbitration Agreement)” section below.

 

License to use website

Except where otherwise indicated, all materials contained in this website are the copyrighted property of Duracell Power Center, its affiliated companies and/or third-party licensors. The Duracell Power Center logo, all other service marks, and the names of various products and services described within are service marks of Duracell Power Center or its affiliates.
Except as expressly provided herein, you shall not use any portion of this website, or any other intellectual property of Duracell Power Center (including, but not limited to Duracell Power Center service marks), on any other website, in the source code of any other website, or in any other printed or electronic materials.

Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website’s content or frame this website within any other website without our prior written permission. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory, without prior written permission from Duracell Power Center, is prohibited.

You must not: Republish material from this website (including republication on another website); Sell, rent or sub-license material from the website; Show any material from the website in public; Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; Edit or otherwise modify any material on the website; or Redistribute material from this.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Duracell Power Center’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Duracell Power Center’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Duracell Power Center reserves the right to restrict access to certain areas of this website, or indeed this entire website, at Duracell Power Center’s discretion. If Duracell Power Center provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. In this event, Duracell Power Center may disable your user ID and password in Duracell Power Center’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. User content excludes all information required for insurance quotes specifically determined in Duracell Power Center’s Privacy Policy.

You grant to Duracell Power Center a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Duracell Power Center the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Duracell Power Center or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Duracell Power Center reserves the right to edit or remove any material submitted to this website, or stored on Duracell Power Center’s servers, or hosted or published upon this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Duracell Power Center makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Duracell Power Center does not warrant that: this website will be constantly available, or available at all; the information on this website is complete, true, accurate or non-misleading; or the products and services advertised on this website are available at all times.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Dispute Resolution (Arbitration Agreement)

By agreeing to these Terms of Use, you are agreeing that any claim or dispute of any kind, whether in contract, tort, statute or otherwise (including but not limited to any claims and disputes under the Telephone Consumer Protection Act or equivalent statutes, and all disputes regarding the validity, interpretation, and scope of this arbitration provision or the arbitrability of any claim or dispute) that arises out or relates in any way to these Terms of Use, your use of this website, any resulting relationship or transaction with Duracell Power Center, or any communications you may receive from or on behalf of Duracell Power Center, is subject to mandatory binding individual arbitration.

Limitations of liability

Duracell Power Center will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Duracell Power Center has been expressly advised of the potential loss.

Disclaimer of warranty

The content and materials in this site are provided “as is” and without representations or warranties of any kind, either express or implied. To the fullest extent permitted by law, Duracell Power Center expressly disclaims all warranties, express or implied, with respect to this site including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Duracell Power Center does not warrant or represent that the functions or operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site, its servers or any e-mail sent from Duracell Power Center are free of viruses or other harmful components.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Duracell Power Center’s liability in respect of any: death or personal injury caused by Duracell Power Center’s negligence; fraud or fraudulent misrepresentation on the part of Duracell Power Center or matter which it would be illegal or unlawful for Duracell Power Center to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable If you do not think they are reasonable, you must not use this website

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Duracell Power Center and undertake to keep Duracell Power Center indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Duracell Power Center to a third party in settlement of a claim or dispute on the advice of Duracell Power Center’s legal advisers) incurred or suffered by Duracell Power Center arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Duracell Power Center’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Duracell Power Center may take such action as Duracell Power Center deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Third-party sites

This website contains links to other Internet website (“Third-party Sites”) that are not maintained by Duracell Power Center. These links are provided solely for your convenience. Duracell Power Center makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third-party Sites. We recommend that you take the time to read the privacy policies and user agreements of these sites.

Updates

Duracell Power Center may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Privacy policy

Please review our Privacy Policy which also governs your visit to the website. The Privacy Policy can be viewed at https://duracellpowercenter.com/privacy-policy/

SMS Communications

Duracell Power Center notifications are intended to provide information on its products and services. Messages frequency varies. Message and data rates may apply. You may text STOP at any time to cancel SMS notifications. To resubscribe, text START. For help, you may text HELP or contact us by email at support@duracellpowercenter.com or by mail using the details provided below:

Duracell Power Center
5400 Hellyer Avenue,
San Jose, CA 95138
United States

Last Update: 04/18/2024

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