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AGREEMENT
BETWEEN USER AND PROCTER & GAMBLE
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The
network of Web Sites (collectively, the "P&G Web Sites") operated by
The Procter & Gamble Company or its affiliates or subsidiaries ("P&G"
or "Procter & Gamble"), is comprised of various Web sites and Web pages.
The P&G Web Sites are offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the P&G Web Sites constitutes your agreement to all such
terms, conditions, and notices. Your use of a particular P&G website
included within the P&G Web Sites network may also be subject to additional
terms outlined elsewhere on that website (the "Additional Terms"). Additionally,
the P&G Web Sites may themselves contain additional terms that govern
particular features or offers (for example, sweepstakes or chat areas).
In the event that any of the terms, conditions, and notices contained herein
conflict with the Additional Terms or other terms and guidelines contained
within any particular P&G website, then these terms shall control.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site. |
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| MODIFICATION OF THESE TERMS OF USE. | |||||
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P&G
reserves the right to change the terms, conditions, and notices under which
the P&G Web Sites are offered, including but not limited to the charges
associated with the use of the P&G Web Sites. You are responsible for
regularly reviewing these terms and conditions.
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| USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION. | |||||
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otherwise specified, the P&G Web Sites are for your personal and noncommercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the
P&G Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with P&G or to purchase P&G products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of P&G is strictly prohibited. Harassment in any manner or form on the Site or any of the P&G Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a P&G employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. |
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| COPYRIGHTS AND TRADEMARKS. | |||||
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The entire content
included in this Site, including but not limited to text, design, graphics,
interfaces, or code and the selection and arrangements thereof is copyrighted
as a collective work under the United States and other copyright laws,
and is the property of P&G. The collective work includes works that
are licensed to P&G. Copyright 2000, 2001. ALL RIGHTS RESERVED. All
trademarks, service marks, and trade names (collectively the "Marks") are
trademarks or registered trademarks of and are proprietary to Procter &
Gamble, or other respective owners that have granted P&G the right
and license to use such Marks.
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| NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. | |||||
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Pursuant to Title
17, United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to the website's designated agent. ALL INQUIRIES
NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE
NO RESPONSE.
P&G respects the intellectual property of others, and we ask our users and visitors to do the same. P&G will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, P&G will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide P&G the following information. Please be advised that to be effective, the Notification must include ALL of the following:
2.a description of the copyrighted work that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the Site; 4.your address, telephone number, and email address and all other information reasonably sufficient to permit P&G to contact you; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices
of claimed copyright infringement should be directed to:
By mail: The Procter & Gamble Company
Legal/IP Division
Copyright Agent
299 East Sixth Street
Cincinnati, OH 45202
By fax: (513) 983-6840 By Email:
copyright.im@pg.com
IMPORTANT
NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY
FOR NOTIFYING PROCTER & GAMBLE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE
BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED
QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE
A RESPONSE THROUGH THIS PROCESS.
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In
the event a P&G product or service is listed at an incorrect price
due to typographical error or error in pricing information received from
our suppliers, P&G shall have the right to refuse or cancel any orders
placed for product or service listed at the incorrect price. P&G shall
have the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled, P&G
shall issue a credit to your credit card account in the amount of the incorrect
price.
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These
terms and conditions are applicable to you upon your accessing the Site
and/or completing the registration or shopping process. These terms and
conditions, or any of them, may be modified or terminated by P&G without
notice at any time for any reason. The provisions relating to Copyrights
and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification,
Applicable Laws, Arbitration and General, shall survive any termination.
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P&G does not
and cannot review all communications and materials posted to or created
by users accessing the Site and is not in any manner responsible for the
content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user generated content
on the Site, P&G is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents
or activities on the Site. However, P&G reserves the right to block
or remove communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark or; other intellectual property right
of another or (d) violates any law or regulation or (e) offensive or otherwise
unacceptable to P&G at its sole discretion. Note that any personally
identifiable information you may post or transmit will be treated by Procter
& Gamble in accordance with Procter & Gamble's Privacy
Statement.
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Except for any
personally identifiable information we may collect from you under the guidelines
established in our Privacy
Statement, any material, information or other communication you
transmit, upload or post to this Site ("Communications")will be considered
non-confidential and non-proprietary. P&G will have no obligations
with respect to the Communications. P&G and its designees will be free
to copy, disclose, distribute, incorporate and otherwise use the Communications
and all data, images, sounds, text, and other things embodied therein for
any and all commercial or noncommercial purposes.
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P&G
may, but is not obligated to, monitor or review any areas on the Site where
users transmit or post Communications or communicate solely with each other,
including but not limited to chat rooms, bulletin boards or other user
forums, and the content of any such Communications. P&G, however, will
have no liability related to the content of any such Communications, whether
or not arising under the laws of copyright, trademarks, libel, privacy,
obscenity, or otherwise.
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In an attempt to
provide increased value to our visitors, this Site may contain links to
other sites on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites"). However, even if
the third party is affiliated with P&G, P&G has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of P&G. P&G has no responsibility or liability
for these independent policies or actions and is not responsible for the
privacy practices or the content of such web sites. These linked sites
are only for your convenience and therefore you access them at your own
risk. Links do not imply that P&G sponsors, endorses, is affiliated
with or associated with, or has been legally authorized to use any trademark,
trade name, service mark, design, logo, symbol or other copyrighted materials
displayed on or accessible through such External Sites. Nonetheless, P&G
seeks to protect the integrity of its Site and the links placed upon it
and therefore requests any feedback on not only its own Site, but for sites
it links to as well (including if a specific link does not work).You should
contact the Site administrator or Webmaster for those External Sites if
you have any concerns regarding such links or the content located on such
External Sites.
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Each
claim or statement about the effectiveness of P&G products and/or each
claim or statement comparing the effectiveness of P&G products to the
effectiveness of other products is expressly limited to the United States,
unless otherwise disclosed on the Site.
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Procter
& Gamble makes no warranties or representations about the accuracy
or completeness of this Site's content or the content of any site or External
Sites.
THIS SITE AND THE MATERIALS, INFORMATION,
SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT,
GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, P&G DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
P&G DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. P&G DOES NOT MAKE ANY WARRANTIES
OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS
OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Procter & Gamble does not filter
advertisements or other content that children may view through our sites
or "hot-linked" sites, and they could receive content and materials from
the Internet and/or advertising that are inappropriate for children. We
encourage parents and guardians to spend time online with their children
and to consider using an electronic filtering software.
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IN
NO EVENT SHALL P&G BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER,
EVEN IF P&G HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER
THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE,
OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE
FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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You
agree to indemnify, defend, and hold harmless P&G, its officers, directors,
employees, agents, licensors and suppliers (collectively the "Provider")
from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these terms and conditions
or any activity related to your Internet account (including negligent or
wrongful conduct), by you or any other person accessing the Site using
your Internet account.
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Your use of this
Site shall be governed in all respects by the laws of the state of Ohio,
U.S.A., without regard to choice of law provisions, and not by the 1980
U.N. Convention on contracts for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this Site (including but not limited to the
purchase of P&G products) shall be in the state or federal courts located
in Hamilton County, Ohio. Any cause of action or claim you may have with
respect to the Site (including but not limited to the purchase of P&G
products) must be commenced within one (1) year after the claim or cause
of action arises. P&G's failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed as
a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these terms and
conditions. P&G may assign its rights and duties under this Agreement
to any party at any time without notice to you.
P&G makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Ohio do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Ohio. |
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| By
using this Site, you agree that P&G, at its sole discretion, may require
you to submit any disputes arising from the use of this Site, or these
Terms and Conditions concerning or, including disputes arising from or
concerning their interpretation, violation, nullity, invalidity, non-performance
or termination, as well as disputes about filling gaps in this contract
or its adaptation to newly arisen circumstances, to final and binding arbitration
under the International Rules of Arbitration of the American Arbitration
Association, by one or more arbitrators appointed in accordance with the
said Rules. Notwithstanding these rules, however, such proceeding shall
be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. |
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P&G
may revise these Terms at any time by updating this posting. You should
visit this page from time to time to review the then-current Terms because
they are binding on you. Certain provisions of these Terms may be superseded
by expressly designated legal notices or terms located on particular pages
at this Site.
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| OUR ADDRESSES. | |||||
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Please note that The Procter & Gamble Company does business only in the State of Ohio. Aside from the manufacturing plants, offices, and other facilities in the Greater Cincinnati area referred to in this web site (except for the Cincinnati Sales Office), The Procter & Gamble Company does not own or operate any of the other facilities mentioned herein. Rather, the other plants and facilities are owned and operated by various subsidiaries, affiliates or joint ventures of The Procter & Gamble Company. A list of these companies can be obtained from: The Procter & Gamble Company - Corporate Secretary, 1 Procter & Gamble Plaza, Cincinnati, OH 45202.
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Last updated: April 6, 2001
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| Copyright 2001 P&G. All rights reserved |
