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Last Updated: March 12, 2024

These Terms of Use (the “Agreement”) govern your use of this website, associated sites linked to such website, and applications (“Websites”) owned by and/or operated by WD-40 Company or its subsidiaries and affiliates (collectively, “WD-40 Company,” “we,” or “us”). This Agreement also governs services offered by WD-40 Company (“Services”). This Agreement provides information about your use of the Websites and the Services, outlined below, and may be amended from time to time. By using the Websites and the Services, you agree to the terms and conditions of this Agreement and have read and understood the WD-40 Privacy Statement (“Privacy Statement”).

Applicable to US residents only: please note this Agreement contains a Binding Arbitration provision. For more information about the Binding Arbitration provision and how to opt out, please see Section 8 below.

1. USING THE WEBSITES AND SERVICES.

2. YOUR ACCOUNT.

3. INTELLECTUAL PROPERTY RIGHTS.

4. REPRESENTATIONS AND WARRANTIES.

Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under this Agreement, (ii) the assent to and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement constitutes legal, valid and binding obligations of the parties executing or assenting to this Agreement, enforceable in accordance with its terms and conditions, except that: (a) such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws, now or hereafter in effect, affecting creditors’ rights and remedies generally, and (b) the remedies of specific performance and injunctive and other forms of equitable relief may be subject to equitable defense and to the discretion of the court before which any proceeding therefore may be brought.

5. INDEMNIFICATION.

You agree to indemnify and hold WD-40 Company and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this Agreement by you or, (ii) arising from, related to, or connected with your use of the Websites or the Services. If you are obligated to provide indemnification pursuant to this provision, WD-40 Company may, in its sole and absolute discretion, control the defense, settlement and disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of WD-40 Company. Some jurisdictions do not permit indemnities from consumers, so this provision may not apply to you.

6. DISCLAIMER OF WARRANTIES.

7. LIMITATION OF LIABILITY.

8. ARBITRATION.

This Section 8 does not apply if you are a consumer resident in the United Kingdom or the European Union.

You have the right to reject the Binding Arbitration terms as set forth in this Section 8. If you reject, neither you nor WD-40 Company can require the other to participate in an arbitration proceeding. You can reject arbitration by contacting us by email, and include your name and email address, if any, used to register your account, and a clear statement that you would like to reject the arbitration provision. To be effective, your e-mail must be sent within thirty (30) days of the date that you first became subject to this Binding Arbitration provision. You do not have the right to reject any other provisions in this Agreement.

This Section 8 provides that disputes between you and us may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. This Binding Arbitration provision is governed by the Federal Arbitration Act (“FAA”), and shall be interpreted in the broadest way the law will allow.

9. DISPUTE RESOLUTION – applicable to consumers resident in the United Kingdom and European Union

10. GOVERNING LAW AND VENUE .

11. LIMITATION OF ACTIONS.

Unless you are a consumer resident in the United Kingdom or the European Union, you acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Websites or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

12. ASSIGNMENT.

This Agreement and all of your rights and obligations under it is not assignable or transferable by you without the prior written consent of WD-40 Company.

13. THIRD PARTY RIGHTS.

You acknowledge that this Agreement and your registration are for your exclusive benefit and convenience. Neither can be transferred to any other person and no other person may claim rights under this Agreement or through your registration. Nothing contained herein shall be construed as granting, vesting, creating or conferring any right of action upon any other third party. This provision is not intended to limit or impair the rights that any person may have under applicable Federal statutes.

14. NO WAIVER

No waiver under this Agreement is effective unless it is in writing, identified as a waiver to this Agreement, and signed by the party waiving such right. No delay or omission by us to exercise any right, remedy, power, privilege, or condition in enforcing any term or condition of this Agreement, or act, omission or course of dealing with you, shall impair any such right, remedy, power, privilege, or condition or be construed to be a waiver thereof. Any waiver by us of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any future occasion. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

15. SEVERABILITY

If any of the terms and conditions in this Agreement are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions of this Agreement and will not affect the validity and enforceability of the remaining provisions.

16. ENTIRE AGREEMENT.

Unless you are a consumer resident in the United Kingdom or the European Union, this Agreement, together with the Privacy Statement, constitutes the entire agreement between you and WD-40 Company relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to this Agreement or the Privacy Statement made by WD-40 Company

17. VARIATION.

If you are a consumer resident in the United Kingdom or the European Union, we may make changes to the terms and conditions in this Agreement from time to time (for example, to reflect changes to our products and services, new technologies or applicable laws) and we will try to give you reasonable notice of any major changes that could have a significant impact on you. Please check this Agreement regularly to ensure that you understand the terms and conditions of the Agreement that apply at the time that you access and use the Website and/or our Services. If you do not wish to continue using the Website and/or our Services following any changes to the terms and conditions of this Agreement, you can terminate this Agreement by not using the Website and/or our Services.

18. CONTACT US.

If you have any questions regarding this Agreement or otherwise want to contact us at Privacy@wd40.com.

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All Rights Reserved