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Terms of Use

1. Accuracy of Information.  Tupperware 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, Tupperware does 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 and/or our Affiliates, and is protected by United States and international copyright laws.  The Content, in whole or in part, may not be reproduced, copied, distributed, used, sold, modified, or otherwise exploited without the prior written permission of Tupperware.  The trademarks, logos and service marks appearing on this Website are registered and unregistered marks owned by Tupperware and/or our Affiliates, in the United States and/or other countries.  All trademarks not owned by Tupperware or our Affiliates that appear on the Website are the property of their respective owners.

3. Limited License.  Tupperware grants you a limited, revocable, non-exclusive and non-transferable 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.  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 the name(s) or trademarks of Tupperware or our Affiliates 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 to Tupperware and/or our Affiliates by applicable law.

4. Third Party Links.  Tupperware 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, our Affiliates or partners of the referenced content, product, service, or supplier.  Any linking by you to or from any off-Website page or other websites is done completely at your own risk.  Tupperware has not conducted any examination or evaluation of any 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 other websites including, without limitation, their privacy policies or statements, terms of use, or terms and conditions.  Tupperware encourages you to carefully review the terms of use, terms and conditions and the privacy policies of all off-Website pages and other websites that you visit.

5. Representations and Warranties; Limitation of Liability.  THIS WEBSITE IS PRESENTED “AS IS.” TUPPERWARE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE UNDER APPLICABLE LAW. YOU AGREE THAT TUPPERWARE AND OUR AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES WHATSOEVER, 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 KIND WHATSOEVER  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, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND THE REASONABLE CONTROL OF TUPPERWARE AND/OR OUR AFFILIATES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TUPPERWARE NOR ANY OF OUR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES OR OPPORTUNITY) RELATED TO THE WEBSITE AND/OR YOUR USE THEREOF, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TUPPERWARE AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TUPPERWARE AND ITS AFFILIATES EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).

6. Indemnification.  You agree to indemnify, defend and hold harmless Tupperware and our Affiliates for any loss, damages or costs, including reasonable attorney’s fees, arising from or in connection with any third party claim, action, or demand resulting from your use of the Website (including without limitation, your linking to or from any other websites).  You also agree to indemnify Tupperware and our Affiliates 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 take that imposes an unreasonable burden or load on our infrastructure.

7. Disputes.  With respect to any dispute arising out of or in connection with this 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, without regard to its conflict of laws provisions.  Any dispute relating in any way to your visit to this 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 or any of our Affiliates, Tupperware and/or the relevant Affiliate(s) may seek injunctive or other appropriate relief in the appropriate court(s) of the State of 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.

8. General.  Tupperware 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 this Website.  Any such changes shall become effective immediately upon posting to this Website.  Your continued use of this Website constitutes your agreement to all such terms and conditions.  Tupperware may, with or without prior notice, terminate any of the rights granted by these Terms of Use.  You shall comply immediately with any such termination or notice by ceasing all use of this 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 the decision of any court of competent jurisdiction, such unenforceable or invalid provision shall not affect the remaining provisions of these Terms of Use, and the remaining provisions of these Terms of Use shall continue in full force and effect.

This version of Tupperware Brands Terms of Use applies from July 6, 2020.

© 2020 Tupperware. All rights reserved.

 [1]     Tupperware is an equal opportunity employer and does not take into consideration sex, gender, age, race, color, national origin, religion, disability, political or trade union affiliation, or any other category protected by applicable law, into its selection process, except where this may be strictly required by local law.

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