Revised: November 20, 2013
- ACCEPTANCE OF TERMS
- GRANT OF RIGHTS
- You may browse the Site without registering, but some features may not be accessible unless you register. In registering for the Site, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SCA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SCA may suspend or terminate your account.
- You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify SCA immediately of any unauthorized use of your account or password or any other similar breach of security.
- You represent and warrant that you are: (i) over eighteen years of age or the age of majority in our jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Site under the laws of your jurisdiction or any other applicable jurisdiction.
- RESPONSIBILITY FOR CONTENT
- You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Site, whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not SCA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site ("Your Content"), and other users of the Site, and not SCA, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Site ("User Content").
- You acknowledge and agree that SCA has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although SCA reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing, SCA shall have the right to remove any Content that violates the TOU or that it deems objectionable.
- RIGHTS TO CONTENT
- SCA does not claim ownership of Your Content. However, you grant SCA and its service providers a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display Your Content. You understand that the technical processing and transmission of data associated with the Site, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
- Except with respect to Your Content, you agree that SCA and its licensors own all rights, title and interest in the Site and all Content within the Site. You may not: (i) reproduce, distribute, alter, modify, create derivative works from or publicly display any Content (except Your Content); (ii) frame or utilize any framing technique to enclose any Content; or (iii) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code for any software within or associated with the Site.
- The SCA, TENA®, TENAtwist®, FEARLESS PROTECTION™ and UNEXPECTED LEAK™ names and logos are trademarks of SCA or its affiliates ("SCA Marks"). You agree not to display or use in any manner any SCA Mark without SCA’s prior written consent.
- USER CONDUCT
- upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonate any person or entity, including, but not limited to, SCA personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects the ability of other users to use the Site;
- take any action that imposes an unreasonable or disproportionately heavy load on the Site or its infrastructure;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- use spiders, crawlers, robots or any other similar means to access the Site or substantially download, reproduce or archive any portion of the Site;
- sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Site, including, but not limited to, Your user account and password; or
- violate any applicable local, state, provincial, federal, national or international law or regulation.
- RATINGS AND REVIEWS
- DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
- LINKS AND EXTERNAL MATERIALS
- MODIFICATIONS TO THE SITE
- PRODUCT DESCRIPTIONS
- HEALTH INFORMATION DISCLAIMER
- DISCLAIMER OF WARRANTIES
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, SCA AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MANDATARIES, PARTNERS AND LICENSORS ("SCA PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE.
- THE SCA PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
- LIMITATION OF LIABILITY
- YOU ACKNOWLEDGE AND AGREE THAT THE SCA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE SCA PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL SCA’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATING TO THE TOU OR YOUR USE OF THE SITE EXCEED THE AMOUNT RECEIVED BY SCA FROM YOUR TRANSACTIONS WITH SCA ON THE SITE IN THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM AROSE.
- CERTAIN PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- GOVERNING LAW
- AGREEMENT TO ARBITRATE DISPUTES
- NO THIRD-PARTY BENEFICIARIES
- PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- GENERAL PROVISIONS
PLEASE REVIEW THE TOU CAREFULLY AND PRINT A COPY FOR YOUR RECORDS. BY REGISTERING FOR AN ACCOUNT, PLACING AN ORDER, ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY REVISIONS TO THE TOU. IF YOU DO NOT AGREE TO THE TOU, YOU MUST IMMEDIATELY CEASE USING THE SITE.
Subject to your compliance with the TOU in all material respects, SCA grants you a limited, personal, non-exclusive, revocable right to access and use the Site.
In connection with your access to or use of the Site, you shall not:
If you submit ratings or reviews for any products on the Site, you agree, warrant and covenant that the ratings and reviews that you submit will: (a) be accurate and not false, misleading or deceptive; (b) not include any URL external to the Site; (c) not reference any physical address, email address, phone number or other contact information; (d) fully disclose any connection between you and a person or company with a financial interest in the product or a directly competing product and not express sentiments by or on behalf such person or company; and (e) not be submitted for any form of compensation or consideration from any party.
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Site, including payment or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third-party. You agree that SCA shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
SCA reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that SCA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
In the event that you violate the TOU, all rights granted to you under the TOU shall be terminated immediately, with or without notice, and SCA, in its sole discretion, may remove and discard Your Content. Sections 5, 6, 9 and 13 through 22 shall survive the termination of your right to access the Site.
You agree to indemnify and hold SCA and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, due to or arising out of your use of the Site or violation of the TOU.
SCA attempts to be as accurate as possible. However, SCA does not represent or warrant that product descriptions or any other Content is accurate, complete, reliable, current or error-free.
Some portions of the Site may provide information about which SCA products may work best for you based upon information that you provide. However, the Content on the Site is presented in a summary fashion and is intended to be used for educational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, course of action or medical or healthcare provider. Your use of the Site does not create a doctor/patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. SCA disclaims all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on the Site. Do not disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of any information you obtain from the Site.
The TOU shall be governed by and construed and enforced in accordance with the laws of the Ontario and laws of Canada applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the Canadian jurisdiction in which you reside to apply, in which case the laws of such jurisdiction will apply.
Any dispute or claim arising out of or relating to the TOU, your visit to the Site or products you purchase through the Site or by phone shall be resolved through confidential arbitration by the American Arbitration Association (AAA) under its then-applicable rules, including its Supplementary Procedures for Consumer-Related Disputes. Such arbitration shall: (a) be heard and resolved by a single independent and neutral arbitrator; (b) take place in Toronto, Ontario; and (c) be conducted in the English language. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the TOU shall be joined to an arbitration involving any other party subject to the TOU, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, you and SCA may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
This provision shall apply to the maximum extent permitted by applicable laws.
You agree that, except as otherwise expressly provided in the TOU, there shall be no third-party beneficiaries to this agreement.
If you believe that your work has been made available through the Site in a way that constitutes copyright infringement, please provide SCA’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Site; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. SCA’s Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
c/o SCA Personal Care
The Cira Centre
2929 Arch Street, Suite 2600
Philadelphia, PA 19104
Phone: +1 610-499-3700
The TOU constitutes the entire agreement between you and SCA concerning your access to and use of the Site. It supersedes any prior or contemporaneous agreements between you and SCA with respect to such subject matter. The failure of SCA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability. It is the express wish of the parties that the TOU and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.