Terms and Conditions
Agreement Between User And Procter & Gamble
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.
Modification Of These Terms Of Use
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.
Use Of Site. Personal And Non-Commercial Use Limitation.
Unless 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.
Copyrights And Trademarks.
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.
Notices And Procedures For Making Claims Of Copyright Infringement.
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:
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
(Please include "Notice of Infringement" in the subject line.)
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.
Typographical Errors.
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.
Term; Termination.
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.
User Participation.
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.
User Submissions.
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.
User Chat Rooms.
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.
Third-Party Links.
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.
Claims.
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.
Disclaimer.
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.
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.
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.
Limitation Of Liability.
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.
Indemnification.
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.
Applicable Laws.
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.
Arbitration.
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.
General.
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.
Our Addresses.
United States
The Procter & Gamble Company
One Procter & Gamble Plaza
Cincinnati, Ohio 45202
United States
Europe
Procter & Gamble Belgium
Temselaan 55
B-1853 Strombeek-Bever
Belgium
Middle East and Africa
Procter & Gamble AG
1 Rue du Pre De La Bichette
P.O. Box 2696
1211 Geneva 2
Switzerland
Mexico
Procter & Gamble de Mexico
Loma Florida No. 32
10-12 Scotia Place
Del Cuajimalpa
05100 Mexico D.J.
Latin America
Procter & Gamble de Venezuela
Edificio P&G Urb. Sorokaima,
Sector La Tinidad
Caracas 1080
Venezuela
New Zealand
P&G NPD Inc.
7th Floor, Acer Building
Col. Lomas de Vista Hermosa
Auckland
New Zealand
Japan
Procter & Gamble Far East, Inc.
1-17 Koyo-cho Naka, Higashi-nada-ku
Kobe 658-0032
JAPAN
Australia
P&G Australia Pty. Ltd.
99 Phillip St.
Parramatta NSW
Australia 2150
China
Procter & Gamble Guangzhou Ltd.
2-4 Aether Square
986 Jie Fang Bei Road
Guangzhou,
China (P.R.C.) 510075
Last updated: April 6, 2001