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These Terms of Use constitute an agreement between us and you. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SERVICE, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO AGREE TO THESE TERMS OF USE, AND THAT YOU DO AGREE TO THESE TERMS OF USE. THESE TERMS OF USE INCLUDE PROVISIONS RELATING TO BINDING ARBITRATION, WAIVER OF A RIGHT TO JURY TRIAL, WARRANTY DISCLAIMERS, AND CERTAIN EXCLUSIONS AND LIMITATIONS ON OUR LIABILITY. If you do not agree to these Terms of Use, or if you are not legally competent to agree to them, then you may not use the Service or any services offered on the Service.

  1. Ownership and Operation
  2. Agreement to Be Bound; Termination
  3. User Accounts
  4. Continuing Agreement
  5. Ownership and Use of the Service and Content
  6. Software
  7. Mobile Devices
  8. Privacy
  9. User Code of Conduct
  10. User Submissions
  11. Voting/Rating Features
  12. Contests/Sweepstakes
  13. Geographic Scope of Site
  14. Links to Other Sites
  15. CONTENTS OF THE SERVICE - DISCLAIMER
  16. OPERATION OF THE SERVICE - DISCLAIMER
  17. LIMITATION OF LIABILITY
  18. Limitations as to Paragraphs 14, 15 and 16
  19. Indemnification
  20. Copyright Agent
  21. Applicable Law; Jurisdiction
  22. Severability
  23. No Waiver
  24. No Legal Effect
  25. Legal Notices & Electronic Communications
  26. Ecommerce Terms

1. Ownership and Operation

These Terms of Use apply to your use of the websites, applications, and other online platforms which link to or display these Terms of Use (the “Service”), which is provided by Conopco, Inc. on behalf of the Unilever Group of companies and brands in the United States ("Unilever," "we," "us", or “our”). The Service is provided for your information and to allow you to interact with us and our brands. Unilever may, in its sole discretion and at any time, modify, suspend or discontinue the Service or specific portions of it.

2. Agreement to Be Bound; Termination

Your access to and use of the Service constitutes your agreement with Unilever to be bound by, and to act in accordance with, these Terms of Use. From time to time, Unilever may make available as part of the Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.

You may terminate your use of the Service at any time. Unilever may suspend, discontinue or terminate your access to or use of the Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Use as determined by Unilever in its sole discretion, or (ii) for any other reason in Unilever's sole discretion. Unilever may notify you of any such suspension, discontinuance or termination by posting a notice on the Service, on any webpage opened when using the Service, by email to an email address you provided to Unilever upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of the Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of the Service, you must uninstall any Software (as defined below) downloaded from the Service and promptly destroy all Content (as defined below) obtained through the Service, as well as any copies of such Content. You agree that Unilever shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to the Service.

3. User Accounts

If you register an account on the Service (an "Account"), you:

  • must not allow any third party to access the Service using the email address you provided during the registration process ("Log-in ID") and password;
  • are prohibited from using anyone else's Log-in ID and password to access the Service;
  • are responsible for any use of the Service by any third party who accesses the Service using your Log-in ID and/or password;
  • will notify Unilever immediately if you suspect any unauthorized use of the Service or of your Log-in ID and/or password; and
  • are responsible for ensuring that any information that you provide to Unilever as part of the account registration process is accurate and is kept up to date at all times, and you will notify Unilever immediately of any changes to this information.

4. Continuing Agreement

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, "Applicable Laws"), your use of the Service reaffirms your continuing agreement to the then-current Terms of Use.

5. Ownership and Use of the Service and Content

All right, title and interest in and to the Service, including all text, designs, images, videos, graphics, Software and other content on the Service (collectively, "Content"), are owned by Unilever and its licensors. Unilever also owns or has a right to use all trademarks, service marks, logos, and trade names used on the Service (collectively, "Trademarks").

Unilever grants to you a limited, revocable, non-exclusive, non-sublicensable and otherwise non-transferable license to access and use the Service (including any Content) and to download one copy of the Content on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. Unilever may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Service or any portion thereof.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on the Service, as determined by Unilever in its sole discretion.

Any modification of the Content or use of the Content for any other purpose is a violation of Unilever's or its licensors' copyright and other proprietary rights. The use of any such Content on any other service or computer network without Unilever's written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by Unilever, is strictly prohibited. All rights not expressly granted to you are reserved by Unilever or its licensors.

6. Software

From time to time Unilever may make available as part of the Content on the Service particular software including files, images and data relating to the software (the "Software"). You do not own the Software, and Unilever does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these Terms of Use. Unilever and its licensors retain full ownership of and title to the Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through the Service is subject to United States export control laws. If you download Software from the Service, you represent and warrant to Unilever that you are not acting in violation of those laws.

7. Mobile Devices

If permitted or available through the Service, to upload content to the Service via your mobile device and/or tablet, browse the Service from your mobile device and/or to access certain features through a mobile application you have downloaded and installed on your mobile device you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which Unilever makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and Unilever will have the right to immediately terminate these Terms of Use and our agreement with you. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your mobile device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of these Terms of Use.

8. Privacy

Data provided to the Service is subject to the Privacy Policy, which is incorporated into these Terms of Use. By using the Service, you agree to the terms of the Privacy Policy.

9. User Code of Conduct

In using or accessing the Service, you agree, without limitation:

  • not to use the Service in breach of these Terms of Use;
  • not to use the Service for commercial purposes;
  • not to "spam" others or "phish" for others' personal information;
  • not to disrupt or interfere with the security of, or otherwise abuse, the Service, or any part the Service;
  • not to upload, post or otherwise transmit through or on the Service any viruses or other harmful, disruptive or destructive files;
  • not to use, frame or utilize framing techniques to enclose any part of the Service without Unilever's express prior written consent;
  • not to use meta tags or any other "hidden text" utilizing any Trademark without Unilever's express prior written consent;
  • not to "deeplink" to the Service without Unilever's express prior written consent;
  • not to create or use a false identity on the Service;
  • not to collect or store personal data about others;
  • not to attempt to obtain unauthorized access to the Service or portions of the Service that are restricted from general access;
  • not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
  • not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use;
  • not to use the features of the Service at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Use. Such restricted web sites shall include, without limitation, blogs and other online publications; and
  • not to use the Service in breach of any Third Party Site's (as defined below) terms and conditions.

In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with the Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of Unilever.

You agree to immediately notify Unilever if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify Unilever, or we otherwise suspect such activity, you agree to cooperate with Unilever in any investigation and to use any prevention measures we prescribe.

10. User Submissions

Certain portions of the Service may permit you to submit post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.

In connection with User Submissions, you agree that you will not submit User Submissions that:

  • include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
  • include any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
  • are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
  • contain advertisements or solicitations of any funds, goods or services;
  • is a communication by a user impersonating another user;
  • contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
  • could be considered bulk unsolicited communications.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to Unilever through the Service, whether solicited or unsolicited, you agree that you are granting Unilever, its third-party service providers who provide the Service, and retail partners (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submissions for any purpose whatsoever, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated. Without limiting the above, this means that the Licensed Parties may Use the User Submissions in a different medium than the one in which you posted it or made it available (e.g., if you posted it in social media, Unilever may Use the User Submissions in print, broadcast, online or in any other form of media that exists now or may be developed in the future).

No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.

By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.

You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. Unilever also reserve the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that Unilever does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.

If you are aware of any User Submissions on the Service which violate these Terms of Use, please contact us by email at legalnotices.us@unilever.com. Please provide as much detail as possible, including a copy of the underlying material, the location where Unilever may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; Unilever will only remove User Submissions if Unilever believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Agent." In no event does Unilever assume any liability for failing to either monitor or remove specific User Submissions

Unilever will fully cooperate with any law enforcement authorities or court order requesting or directing Unilever to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. Unilever may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Unilever, its customers or the public.

11. Voting/Rating Features

For any voting/rating features that are available on the Service, you must follow instructions on the Service to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Unilever assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. Unilever may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. Unilever reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Terms of Use, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Unilever's decisions with respect to all aspects of any voting/rating element are final and binding, including, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook, Instagram or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.

12. Contests/Sweepstakes

Any sweepstakes, contests, games and/or promotional offers accessible on the Service are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on the Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on Third Party Sites accessible from the Service (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on the Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those Third Party Sites.

13. Geographic Scope of Site

Unilever controls and operates the Service from within the United States of America. The Service is directed only to U.S. consumers for products and services of Unilever United States. The Service is not directed to consumers outside of the U.S. Unilever makes no representation that materials in the Service or the products described thereby are appropriate or available for use in other locations. All visitors to the Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Service.

14. Links to Other Sites

For your convenience and enjoyment, the Service may provide links to other third party web sites on the World Wide Web that are not operated by Unilever ("Third Party Site"). Unilever has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Unilever may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Unilever to, or an endorsement by Unilever of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Unilever is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, Unilever is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.

If you determine to share any information about any Unilever products through a social network platform, including through links provided by Unilever through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by Unilever, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.

15. CONTENTS OF THE SERVICE - DISCLAIMER

THE CONTENT ON THE SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS-AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNILEVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNILEVER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. UNILEVER UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. UNILEVER IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND UNILEVER DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, UNILEVER CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THE SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THE SERVICE, UNILEVER IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF UNILEVER OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.

16. OPERATION OF THE SERVICE - DISCLAIMER

UNILEVER ENDEAVORS TO MAINTAIN THE SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THE SERVICE, UNILEVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNILEVER MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT UNILEVER) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SERVICE.

17. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL UNILEVER, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "UNILEVER PARTIES") BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THE SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE. THE UNILEVER PARTIES SHALL NOT BE LIABLE EVEN IF UNILEVER OR A UNILEVER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

18. Limitations as to Paragraphs 14, 15 and 16

Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Unilever Parties' total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Service.

19. Indemnification

You hereby agree to defend, indemnify and hold the Unilever Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of the Service, your User Submissions, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.

20. Copyright Agent

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Gregory P. Gulia
Cozen O’Connor
3 World Trade Center
175 Greenwich Street 55th Floor
New York, NY 10007
Tel: 212-908-1290
GGulia@cozen.com

We suggest that you consult your legal advisor before filing a notice with our Copyright Agent.

We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.

21. Applicable Law; Jurisdiction

Any controversy or claim arising out of your use of the Service shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with these Terms of Use if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

In resolving a claim for arbitration, the arbitrator shall apply New York State law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. Without in any way limiting the foregoing, you and us agree that any individual arbitration commenced by you or by us may be consolidated with any other individual arbitration(s) pending before JAMS in accordance with JAMS Comprehensive Rule 6(e), provided that either party makes such request.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

22. Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

23. No Waiver

No failure on the part of Unilever to enforce any part of these Terms of Use shall constitute a waiver of any of Unilever's rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Unilever nor the reliance of any person on Unilever's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Unilever shall have any legal effect whatsoever.

24. No Legal Effect

The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. To return to the site you were visiting, press the back button on your browser.

25. Legal Notices & Electronic Communications

Except as explicitly stated otherwise, any notices you send to us shall be sent to:

700 Sylvan Avenue
Englewood Cliffs, NJ 07632
ATTN: Legal

In the case of notices we send to you, you consent to receive notices and other communications by our: (i) posting notices on the Service, (ii) sending you an email at the email address listed in your profile in your Account, or (iii) mailing a notice to you at your billing address listed in your profile in your Account. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.

26. Ecommerce Terms

The following terms apply if you are ordering products from the Service.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order, or a confirmation of an offer to sell. We reserve the right, without prior notification to you, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Website are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders may constitute improper use of the Service. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at our sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

About Prices

With respect to items advertised on the Service, we cannot confirm the price of an item until you place your order. Some items on the Service may be mispriced, despite efforts for accuracy. If the correct price of an item is higher than the displayed price, we, as our discretion, may either contact you for instructions before shipping, or cancel your order (without charge to you) and notify you of such cancellation. If an item’s correct price is lower than the displayed price, we may refund you the difference to reflect the lower amount and ship you the item.

Product Descriptions

We attempt to be as accurate as possible. We do not warrant that product descriptions, product images, prices, availability, specifications, or other content of any Website or product listing is accurate, complete, reliable, current, or error-free. Certain weights, measures, and related descriptions are approximate and are provided for convenience purposes only.

We attempt to display as accurately as possible the colors of products that appear on the Service. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

User Transactions

You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. Any payment information entered on the Website information is sent to our third-party payment processor and not to us. By placing an order on the Website, you hereby authorize and agree that your payment information will be sent to the payment processor and not to us and may be subject to additional terms of the payment processor.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION CONDUCTED ON THE WEBSITE, WHETHER PAYING IN YOUR INDIVIDUAL CAPACITY OR ON BEHALF OF A LEGAL ENTITY.

Risk of Loss

All purchases of items on the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier or shipper of such items. We are not responsible for lost or stolen packages.
   


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Last Updated: 01/27/2023 00:00:01

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