Legal Notice

Amended as of December 15, 2005

Click below for specific information about:

Please review our Privacy Policy for information we retain about your use on this Website

Introduction/Binding Agreement

This website (the "Website") is provided to you under these Terms & Conditions of Use (the "Agreement") and any amendments or supplements to them that may be posted by Johnson & Johnson Consumer Products Company, a division of Johnson & Johnson Consumer Companies, Inc. ("Consumer Products Company") from time to time. Your use of this Website shall be deemed to constitute your consent to be bound by the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the Website.

Ownership

This Website is owned by Consumer Products Company. All right, title, and interest in and to the content displayed on the Website, including but not limited to the Website's look and feel, data, information, text, graphics, images, sound, or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Consumer Products Company or its respective partners, agents, or third party licensors.

Modification or Suspension of the Website

You agree that Consumer Products Company may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that Consumer Products Company will not be liable for any consequences of doing so.

Modifications to the Terms & Conditions of Use

Consumer Products Company may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the Website. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes.

Contact Information

If you have any questions or concerns with respect to the Agreement or the Website you may contact a representative of Consumer Products Company using our online form,

or by mail at:

Johnson & Johnson Consumer Companies Inc.
Attn: Information Center
199 Grandview Road
Skillman, NJ 08558-9418
1-866-466-3458.

Website Intended Audience

This Website is intended for and directed to adults in the United States only. This Website is not intended for any children under the age of 13.

Electronic Communications

The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Compliance with Laws

You agree to comply with all applicable laws and regulations regarding your use of the Website, including, without limitation, intellectual property laws, privacy laws and laws regarding import/export of technical data by virtue of your online transmission.

User Conduct/Guidelines

You agree that you have read and are familiar with the following guidelines. Please note that users who violate our guidelines will be sent a warning, and if necessary, be banned from posting.

You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (collectively, the "Content") is the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Website.

You will post honestly and in good faith and with the intention to support and inform. We do not welcome people who disrupt our community and create additional work for our hosts and staff. If we believe you are posting with the intent to cause disruption or harm to your fellow members' community experience or enjoyment, you will be banned.

You are also responsible for keeping your email address updated. Failure to keep your email address updated may result in banning until we can confirm that you have a valid email address associated with your Consumer Products Company membership. You are also responsible for keeping your log-in information, including your password, private. Sharing of memberships or screen names is not allowed and may result in your membership being banned. Consumer Products Company accepts no responsibility for use of your membership or computer by third parties, with or without your permission.

You agree not to:

post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
post, disseminate, or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
post, disseminate, or transmit any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Website;
post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
interfere with, disrupt, or harm in any way the Website or servers or networks connected to the Website;
attack the character or damage the reputation of other members, name-call, insult, ridicule, mock, electronically stalk or otherwise harass another user;
insult, attack, belittle, or ridicule the beliefs and life choices of other members, or tell others what they should believe or how they should live. This includes religious beliefs. For example, please don't tell members of other faiths (or lack thereof) that their beliefs or choices are wrong and that they should follow your faith instead. And by the same token, don't tell others of the same faith or belief that they are practicing your shared faith the wrong way;
"Hit and run." Please do not go to a board where you would not ordinarily post, simply to point out the wrongness of another poster or group's actions, beliefs, or comments;
collect or store personal data about other users;
engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
use the Website for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Website's providers, Websites, chat rooms, or the like;
violate any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
post any medical information, including without limitation any medical diagnosis or treatment, or any information relating to medications, medical advice, or the names of companies that create, manufacture, market or distribute medications;
post the names and/or other identifying information relating to doctors, hospitals, nurses, or other healthcare professionals;

THIS IS NOT A MEDICAL WEBSITE: IT IS NOT A WEBSITE FOR GIVING OR RECEIVING MEDICAL ADVICE, INCLUDING WITHOUT LIMITATION ANY MEDICAL DIAGNOSIS OR TREATMENT. DO NOT ATTEMPT TO GIVE MEDICAL ADVICE FROM THIS WEBSITE. DO NOT TAKE OR RELY ON MEDICAL ADVICE THAT IS PROVIDED FROM THIS WEBSITE IN VIOLATION OF THIS AGREEMENT. DO CONSULT WITH A HEALTH CARE PROFESSIONAL.

post the first and last name of your care recipient or any other identifying information, including without limitation, where they work, or the exact address where they live;
provide your password, telephone numbers, or home address to anyone online. Be very careful about responding to solicitations for interviews or research. Note, however, that Consumer Products Company editors might invite you to respond to such solicitations from time to time;
forward or post private messages that someone has sent you unless you have his/her permission. Only send private messages to another Consumer Products Company member if he/she has given you express permission;
Transfer issues or posts from one bulletin board to another with the intention of drawing negative attention to the post. Do not quote someone else's post from another board without that person's permission. Please do not direct people to controversial or problematic threads on other boards;
contact other members for interviews or studies without requesting permission of the Community Manager first;
select a screen name that is vulgar or obscene or that misrepresents you to other members;
use any community areas to buy or solicit any goods, services, or money to advertise or sell products or services of others. Please do not post any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. Please do not give away or ask for prescription drugs in our community – it is illegal;
use all capital letters in your chat or bulletin board postings;
post the same message more than once on a bulletin board or on multiple boards. This includes postings on multiple boards asking other members to vote in online contests, asking for signatures for petitions, and any other "public service"-type announcements about public or personal causes or issues;
"flood." This includes repeatedly "bumping" a thread, disrupting an online chat event by entering the same phrase over and over again, or otherwise using up band-with; or
post on behalf of a banned member, or you may also be banned without notice or warning.

Images

You are welcome to share pictures, images, blinkies in your messages, as long as they are consistent with all of our guidelines. Out of consideration for our members on slower connections, we ask that you limit the number of blinkies and other images you use. We also ask you not to put your pictures in the first message of a thread. Pictures or other images that show on a main board page may be deleted. Finally, we ask that you limit the size of your images to about 3 x 5 inches. Larger images may be deleted.

Debates

While we allow civil and respectful debate of most issues on most of our bulletin boards, we do not allow debates challenging the stated topic of a board. We also have a selection of debate boards, which are designed to be a place where viewpoints and opinions are vigorously questioned, challenged, and held up to scrutiny. If having your opinions challenged and being expected to defend your position will make you uncomfortable, please do not read or participate on debate threads or boards. Please do not debate on any grief and loss board;
Insulting another community member is never acceptable, even in the liveliest of debates. But in a debate you can state that another member's point of view is wrong, misguided, or uninformed, and still be within the guidelines;
Please debate issues and viewpoints, not the personal attributes of other members. We take attacks and insults on debate threads very seriously and reserve the right to end any debate if, in our sole judgment, it has wandered from being a healthy discussion of opinions into an exchange of attacks and insults; and

Other Websites

You may mention, link to or discuss other websites that are of interest to our members, as long as your intention is not to generate traffic for another website and the websites to which you link or refer are consistent with out guidelines.

Violations of these Guidelines

If you violate the Consumer Products Company User Conduct/Guidelines, you will be contacted individually by community staff. Your actions may result in either a warning, one-month suspension, or permanent banning from participation in our community. We do not publicly discuss or announce warnings, suspensions, or bannings.
Banning is done at the community staff's discretion and is the result of our sole judgment of a member's demonstrated inability or disinclination to follow our guidelines. We reserve the right to ban any member at any time for any reason, with or without warning.
If the thread with a violation of these guidelines contains information that is useful to the original poster or other members of the site, it may be edited or locked. However, if in our sole judgment a thread was created for the purpose of violating the guidelines, violates enough guidelines to be irredeemable, or contains no otherwise useful information, it may be removed.
Because of the size of our community we cannot monitor all posts on the site. If you see a message you believe violates our guidelines please contact us.

User Content/Correspondence

You acknowledge that Consumer Products Company does not generally prescreen Content, but that Consumer Products Company and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Website. Consumer Products Company reserves the right in its sole discretion to refuse access to the Website to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, Consumer Products Company and its designees will have the right to remove any Content that violates the Agreement or that Consumer Products Company considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Website, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that Consumer Products Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Consumer Products Company, its users, and the public. Details regarding our use of personally identifiable information included in Content are set out in our Privacy Policy.

By posting Content to the Website or by transmitting Content using the Website, you (1) represent and warrant to Consumer Products Company that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit Content; and (2) grant to Consumer Products Company an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed.

You acknowledge that bulletin boards and chat rooms contain the opinions and views of other users. You acknowledge further that Consumer Products Company is not responsible for the accuracy of any messages on the Website, and agree that you shall always consult a physician or other qualified healthcare provider before relying on any information you find on the Website. You understand and agree that you shall evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Any comments, materials, or letters sent by you to Consumer Products Company regarding the Website, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Received Materials") shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. Consumer Products Company will have no obligation of any kind with respect to Received Materials that you do not restrict and Consumer Products Company will be free to reproduce, use, disclose, exhibit, publicly display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. You also acknowledge that what you post may be indexed by search engines such as Yahoo or Google. Furthermore, Consumer Products Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Consumer Products Company, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.

Linking to Consumer Products Company

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Consumer Products Company so long as the link does not portray Consumer Products Company, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any Consumer Products Company logo or graphic or trademark as part of the link without the prior express written permission of Consumer Products Company.

Privacy & Security - Consumer Products Company respects your privacy. PLEASE REVIEW OUR PRIVACY POLICY

Storage of Content

You agree that Consumer Products Company may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Website. You agree that Consumer Products Company has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through the Website.

Protection of Intellectual Rights and License

You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property"), is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws. Except as expressly authorized by Consumer Products Company herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on or included with the content.

You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from the Website in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of Consumer Products Company.

You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of Consumer Products Company. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Consumer Products Company's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

None of the material contained on this Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Consumer Products Company.

Except as otherwise noted, all content posted on this Website is:

Consumer Products Company has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.

For further information regarding permission to use material or data, please contact us.

Notice and Procedure for Making Claims of Copyright Infringement

Consumer Products Company asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, Consumer Products Company has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Consumer Products Company's Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
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; and
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 the copyright owner's behalf.

Consumer Products Company's Copyright Agent for Notice of claims of copyright infringement on its Website can be reached as follows: through our online form or by mail at:

Johnson & Johnson Consumer Companies, Inc.
Attn: Information Center
199 Grandview Road
Skillman, NJ 08558-9418

By telephone at 1-866-466-3458.

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

Consumer Products Company shall remove or disable access to the material that is alleged to be infringing;
Consumer Products Company shall forward the written notification to such alleged infringer ("Subscriber"); and
Consumer Products Company shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

Counter-Notification

If Subscriber believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a Counter-Notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Consumer Products Company's Copyright Agent.

To be effective, a Counter-Notification must be a written communication provided to the Consumer Products Company's Copyright Agent for Notice that includes the following information:

A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which Consumer Products Company may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person

Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:

Consumer Products Company shall promptly provide you with a copy of the Counter-Notification;
Consumer Products Company shall inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
Consumer Products Company shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Consumer Products Company's Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Consumer Products Company's network or system.

You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.

Trademark Notices

"STRENGTH FOR CARING"

"JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, A DIVISION OF JOHNSON & JOHNSON CONSUMER COMPANIES, INC."

"JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, A DIVISION OF JOHNSON & JOHNSON CONSUMER COMPANIES, INC." logo and design,

"THE CAREGIVER INITIATIVE"

are registered trademarks of Consumer Products Company.
All other trademarks and service marks are the property of their respective owners. You may not use or display any trademarks or service marks owned by Consumer Products Company without our prior written consent.

Trademarks/Service Marks

The trademarks, logos and service marks, including those listed above, displayed on the Website (collectively the "Marks") identify CONSUMER PRODUCTS COMPANY's products and services, and inform the public that CONSUMER PRODUCTS COMPANY is the source of those products and services. Nothing contained on the Website should be construed as granting any right or license to use any Mark displayed on the Website. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

To identify materials or services that are not CONSUMER PRODUCTS COMPANY materials or services;
In, as, or part of your own trademarks or services marks;
In an manner likely to cause confusion;
In a manner that implies inaccurately that CONSUMER PRODUCTS COMPANY sponsors, endorses or is otherwise connected with your products, services or other activities; or
In a manner that disparages CONSUMER PRODUCTS COMPANY or dilutes the Marks.

You are also advised that CONSUMER PRODUCTS COMPANY will enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from CONSUMER PRODUCTS COMPANY. Please make such requests through our online form. We will evaluate your request and respond as soon as possible.

Your Contact with Third Parties

Your dealings with third parties found on or through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Consumer Products Company does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Consumer Products Company will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.

Information Disclaimer

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEBSITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NOTHING CONTAINED IN THE WEBSITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER CONSUMER PRODUCTS COMPANY NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. CONSUMER PRODUCTS COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE CONSUMER PRODUCTS COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, CONSUMER PRODUCTS COMPANY AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.

CONSUMER PRODUCTS COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CONSUMER PRODUCTS COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT CONSUMER PRODUCTS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitations of Actions Brought Against Consumer Products Company

You agree that any claim or cause of action arising out of your use of the Website or the Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

Disclaimer of Warranties With Respect to Use of Website

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CONSUMER PRODUCTS COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

CONSUMER PRODUCTS COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. CONSUMER PRODUCTS COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONSUMER PRODUCTS COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnification

You agree to indemnify and hold harmless Consumer Products Company, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Website; Content you submit, post, or transmit through the Website; your breach of the Agreement; and your connection to the Website.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law

The Agreement and the resolution of any dispute related to the Agreement or the Website shall be governed by and construed in accordance with the laws of the United States, including without limitation federal copyright and trademark laws, and with the laws of the State of New Jersey applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law. Any legal action or proceeding between Consumer Products Company and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey, and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that the this is an inconvenient forum.

Termination

You agree that Consumer Products Company may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any or all of your Content within the Website, without prior notice to you for any reason that Consumer Products Company, in its sole discretion, deems appropriate. You further agree that Consumer Products Company will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.

These Terms & Conditions of Use were last updated on December 15, 2005.

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