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Terms of Use

Terms of Use was last updated June 1, 2016

Introduction

The following are the terms and conditions of your use of Tweezerman International, LLC (“Company” or “we” or “our” or “us”) website any other websites, social media platforms including, without limitation Facebook, Twitter, Pinterest and Instagram and services that are owned and/or controlled by us (collectively, the “Website”) (the “Terms of Use”). These Terms of Use form a legal agreement between you and Company. By using this Website, you acknowledge that you have read, understood, and agree to be bound by these terms, and to comply with all applicable laws and regulations. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

Company may, without notice, at any time revise these Terms of Use and any other information contained in this Website; we will specify on the Website the date on which these Terms of Use were last revised. Company may also, without notice, at any time make improvements or changes in the products, services, or programs described in this Website. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to them.

The Website’s Content

Company owns, controls, and/or licenses all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on the Website (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.

This Website and all Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without Company’s prior written consent. However, as long as you comply with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website. This permission is conditioned on your not modifying the Website Content, and your acceptance of any terms, conditions, and notices accompanying the Content or otherwise set forth in this Website. Notwithstanding the foregoing, any materials available for downloading, access, or other use from this Website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

If you post to your personal social media including, without limitation, Facebook, Twitter, Pinterest and Instagram and you tag or hashtag Tweezerman, you grant Company the irrevocable, unrestricted right to repost your post on Website.

Your failure to comply with the Website’s terms, conditions, and notices will result in automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Prohibited Uses of the Website

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, by hacking, password “cracking,” or any other illegitimate means. You may not breach the security or authentication measures on the Website or any other systems or networks connected to the Website, or otherwise attempt to interfere with the proper functioning of the Website.

You may not impersonate any other individual or entity when using this Website. You may not use the Website or any Content for any unlawful or prohibited purpose, or to solicit the performance of any illegal activity. You may not use the Website to defame, harass, threaten, or intimidate others.

Purchases on the Website

Additional terms and conditions may apply to purchases of goods or services while on the Website, all of which terms are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

Privacy

Company’s Privacy Policy applies to your use of this Website, and its terms are made a part of these Terms of Use by this reference. To view Company’s Privacy Policy, click here.

Links to Other Websites

This Website may contain links to independent third-party websites (“Linked Websites”). Company provides these Linked Websites solely for your convenience, and does not control or endorse any of them. Company cannot be responsible for the content, promotions, security, or privacy policies of such Linked Websites.

Violation of These Terms of Use

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if Company determines that you have violated these Terms of Use or other agreements or guidelines associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website, including as a result of (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems. Company similarly reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

If Company takes any legal action against you due to your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Website for any reason.

Disclaimers and Limitation of Liability

COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

ALL INFORMATION PROVIDED ON THE WEBSITE, INCLUDING AS TO PRICING, FEATURES, AND AVAILABILITY OF PRODUCTS AND SERVICES, IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS WEBSITE.

COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE WEBSITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY COMPANY SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE WHATSOEVER DAMAGES, INCLUDING LOST PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED US $100.00. PLEASE BE ADVISED THAT SOME JURISDICTIONS RESTRICT LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION.

The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.

Indemnity

You agree to indemnify and hold Company, its existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Website.

Dispute Resolution

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws’ provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York, New York, and waive any objection to such jurisdiction or venue.

Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys’ fees.

Miscellaneous

If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms of Use to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and Company with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled.

Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as Company’s waiver of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Company customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.

 

Werhahn Slavery and Human Trafficking Statement 2017

Organizational Structure, Business Operations and Supply Chains

Werhahn Group

Wilh. Werhahn KG with corporate seat at Neuss, Germany, is a family-run business which places great value on a relationship of mutual trust with its employees, customers and business partners. Business activities of Wilh. Werhahn KG and its subsidiaries (collectively the Werhahn Group) comprise three corporate divisions - Building Materials, Consumer Goods and Financial Services - with seven business lines. Werhahn Group employed approximately 9,900 employees and has generated a turnover of around 3.3 billion worldwide in the financial year 2017.

The Werhahn Group is committed to act ethically and with integrity in its business dealings and to take the appropriate steps to preserve the fundamental rights and freedoms of its employees. Any activities such as forced or compulsory labor, human trafficking or other forms of slavery will not be tolerated within the Werhahn Group or its supply chains. Essential ethical values and standards of conduct are stipulated in Wilh. Werhahn KG’s Code of Conduct, which is applied within the whole Werhahn Group.

Business Operations

Core business of the Consumer Goods division is the production of high-quality kitchenware (such as knives, cookware, cutlery, etc.) and beauty products (e.g. manicure sets). Production companies of the Consumer Goods division are located in Germany, France, Italy, Japan, India and China. Business operations of the Building Materials division comprise the production of building materials (such as asphalt, natural stones and slate) and are run in Germany, Spain, Sweden, Czech Republic, Hungary, Poland, Russia and Ukraine. Financial Services are rendered in Germany, Austria and the Netherlands only.

 

Employees and Organizational Policies

Employees

We can assure that all employees within the Werhahn Group, whether temporary or permanent workers, work for us on their own free will. We ensure this by a transparent and reliable recruitment system applied on a global and local basis by always applying our general standards as defined in our Code of Conduct.

Code of Conduct

The Werhahn Code of Conduct has been implemented within all Group companies on a worldwide basis (majority owned subsidiaries either apply the Werhahn Code of Conduct or a Code of Conduct with a similar content).

The Werhahn Code of Conduct explains the value system of the Werhahn Group and defines the behavioural standards for all employees. It is based on the following core principles:

• We are human and straight in our dealings with each other, we are honest and loyal.

• We respect each individual’s dignity and identity and do not tolerate any discrimination, harassment or abuse.

• We bear personal responsibility.

• When attending to personal interests we take care that these do not conflict with the company’s interests.

• We comply with all laws and regulations (e.g. environmental protection, occupational safety, hygiene regulations).

• We do not tolerate corruption in any form (we do not bribe others or accept bribes ourselves).

• We compete fairly, do not give preferential treatment or discriminate against any business partners, and apply the rules of competition law in our dealings with competitors and customers.

Training

In addition to providing the Werhahn Code of Conduct, Werhahn Group offers - depending on the respective corporate division and in particular within the Consumer Goods division - further training to its employees (such as face-to-face compliance training or online training in the group’s core languages).

Helpline

The Werhahn Group moreover provides their employees inter alia the opportunity to anonymously raise possible concerns with regard to a breach of statutory provisions or internal guidelines via a toll-free helpline. An eventual breach of human or other rights (e.g. through modern slavery or human trafficking) could also be reported via the helpline. Following the report of a potentially critical incident, such incident will be noticed and comprehensively assessed by competent experts. Should the incident in fact constitute an infringement of statutory provisions or guidelines, appropriate measures will be taken immediately in order to sort out the respective issue.

 

Relationship with Suppliers

Supply Chains

The supply chains differ significantly depending on the respective corporate division. Suppliers and sub-suppliers in the Consumer Goods division are located in Europe, East Asia and Southeast Asia. As regards the Building Material division, a large part of (preliminary) products is either produced or supplied directly within the division which guarantees an ideal overview of the production and work conditions. Main suppliers of the Building Materials division are situated in Europe; in particular in Germany and Spain, but also in the Czech Republic, Belarus and Poland. Complementary supplies are delivered by suppliers worldwide. Due to its business model (i.e. rendering of financial services only), the core business operations of the Financial Services division are not based on any material supply chains.

Code of Conduct and Corporate Principles regarding Suppliers

The relationship with suppliers is governed individually within the corporate divisions. An additional Code of Conduct - which is the basis for all supplier relationships and needs to be signed by each supplier prior to entering into any supply relationship - has been implemented within the Consumer Goods division. This Code of Conduct sets out the social standards which need to be fulfilled by all suppliers and their sub-suppliers. These include amongst other things:

• Legal compliance

• Prohibition of discrimination, child Labour, forced Labour and disciplinary Measures

• Freedom of association

• Fair remuneration

• Compliance with workplace health and safety as well as environmental standards.

Corporate principles which govern demands and precepts with regard to business partners have also been developed within the Building Materials division and been made available to the majority of its entities. These principles aim at the following objectives:

• Prohibition of forced labor and child labor

• Non-discrimination of employees

• Safety at work

• Health and environmental protection

• Fair competition

Due Diligence Process

The Consumer Goods division has furthermore implemented a due diligence process for suppliers to ensure compliance with its standards. In a first step it is determined whether the supplier has already been audited according to BSCI or SA 8000 standards. If the supplier has not been audited yet, further assessment is made on basis of an extensive questionnaire covering all areas of social and environmental standards. Only if the results of the BSCI or SA 8000 audit or of the questionnaire are positive the supplier will be further evaluated.

If the results of the BSCI or SA 8000 audit or the interview are negative and cannot be cured within a short period of time no business relationship will be concluded with the supplier.

Supplier Audit / Factory Visits

Within the Consumer Goods division, social compliance checks and audits at its suppliers are carried out on a regular basis. These are either conducted by own employees and/or where required by third parties. They include in particular extensive factory visits and additional detailed interviews with the management and employees.

Documentation of Failure / Termination of Business Relationship

Should a supplier of the Consumer Goods division fail to comply with applicable legal and/or social and environmental standards of the division, remediation will be requested immediately after becoming aware of such failure. Respective incidents are being recorded and a follow-up audit is being carried out. Should the supplier fail again, and in case the respective failure was not severe, the Consumer Goods division will either provide its support to remedy the failure or end the business relationship. In case of severe failures the business relationship will be terminated immediately.

This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes Werhahn Group’s slavery and human trafficking statement for the financial year ending December 31, 2017.

 
Feedback and Claims of Infringement

Company welcomes any feedback you have regarding the Website. Please be aware that any feedback you provide shall be deemed non-confidential, and Company shall be free to use such information on an unrestricted basis.

If you believe that any content appearing on this Website infringes your copyright rights, Company wants to hear from you. Please forward the following information in writing at the address listed below:

  • Your name, address, telephone number and e-mail address;
  • A description of the copyrighted work that you claim has been infringed;
  • The exact URL or a description of each place where alleged infringing material is located;
  • A statement by you that you have a good faith believe that the disputed use has not been authorized by you, your agent, or the law;
  • Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  • A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please provide any feedback or claims of infringement to the following address:
Tweezerman International, LLC
2 Tri Harbor Court
Port Washington, NY 11050
Attention: Legal

Company seeks to preserve any and all exemptions from liability that may be available under copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512 or elsewhere.