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Terms of Use
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BatteryEngine.com provides its services to you subject to the following conditions.
If you visit, use or make purchases at the BatteryEngine.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 BatteryEngine.com, whether or not included
in the BatteryEngine.com web site, you also will be subject to the guidelines and
conditions applicable to such service or business.
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ELECTRONIC COMMUNICATIONS
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When you visit BatteryEngine.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.
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COPYRIGHT
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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
BatteryEngine.com and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property of BatteryEngine.com
and its affiliates and is protected by U.S. and international copyright laws. All software
used on this site is the property of BatteryEngine.com, its affiliates or its software
suppliers and protected by United States and international copyright laws.
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TRADEMARKS
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BatteryEngine.com, Duracell®, Hi-Capacity® and other marks indicated on our site are registered
trademarks of BatteryEngine.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 BatteryEngine.com and its affiliates. BatteryEngine.com's and
its affiliates’ trademarks and trade dress may not be used in connection with any product or service
that is not BatteryEngine.com's, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits BatteryEngine.com. All other trademarks not owned
by BatteryEngine.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
BatteryEngine.com or its subsidiaries.
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LICENSE AND SITE ACCESS
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BatteryEngine.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 BatteryEngine.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 BatteryEngine.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 BatteryEngine.com and our affiliates without
express written consent. You may not use any meta tags or any other "hidden text" utilizing BatteryEngine.com's
name or trademarks without the express written consent of BatteryEngine.com. Any unauthorized use terminates
the permission or license granted by BatteryEngine.com. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of BatteryEngine.com so long as the link does not portray
BatteryEngine.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any BatteryEngine.com logo or other proprietary graphic or trademark as part
of the link without express written permission.
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YOUR ACCOUNT
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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 BatteryEngine.com only with involvement
of a parent or guardian. BatteryEngine.com and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
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COMMUNICATIONS AND OTHER CONTENT
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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 BatteryEngine.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 BatteryEngine.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 BatteryEngine.com
or its affiliates for all claims resulting from content you supply.
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RISK OF LOSS
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All items purchased from BatteryEngine.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.
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PRODUCT DESCRIPTIONS
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BatteryEngine.com and its affiliates attempt to be as accurate as possible. However, BatteryEngine.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 BatteryEngine.com itself is not as described, your sole remedy is to
return it in unused condition.
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PRICING
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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 BatteryEngine.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:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- 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.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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THIS SITE IS PROVIDED BY BATTERYENGINE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BATTERYENGINE.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, BATTERYENGINE.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. BATTERYENGINE.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM BATTERYENGINE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BATTERYENGINE.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.
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APPLICABLE LAW
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By visiting BatteryEngine.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 BatteryEngine.com or its affiliates.
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DISPUTES
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Any dispute relating in any way to your visit to BatteryEngine.com or to products you purchase through
BatteryEngine.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 BatteryEngine.com's
intellectual property rights, BatteryEngine.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.
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SITE POLICIES, MODIFICATION, AND SEVERABILITY
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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.
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OUR ADDRESS
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BatteryEngine.com
1380 Flynn Road
Camarillo, CA 93012
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