Hand Sanitizer Ingredient Connection – Terms of Service
PCPC Hand Sanitizer Ingredient Connection– Terms and Conditions
Last Updated: June 25, 2020
Please take a few minutes to review these Terms of Service (the “Terms”) carefully. These Terms are a legally binding contract between you and your representatives, affiliates, officers, directors, employees, contractors, and agents (“you,” “your,” or “user”) and the Personal Care Products Council, and its subsidiaries, representatives, affiliates, officers and directors (collectively, “PCPC,” “we,” “us” or “our”) governing your use of the PCPC Hand Sanitizer Ingredient Connection platform available through https://www.personalcarecouncil.org/ and any services related to the Hand Sanitizer Ingredient Connection now and in the future (collectively, the “Hand Sanitizer Connection”).
By accessing or using PCPC’s Hand Sanitizer Connection, you expressly acknowledge that you understand and have the right, authority, and capacity to accept to be bound by these Terms just as if you signed a formal legal contract. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE HAND SANITIZER CONNECTION.
PLEASE REVIEW SECTIONS 13 AND 14 CAREFULLY, AS THEY LIMIT PCPC’S LIABILITY TO YOU AND GOVERN DISPUTES BETWEEN YOU AND PCPC THROUGH FINAL AND BINDING ARBITRATION. By using or accessing Hand Sanitizer Connection, you expressly acknowledge that you have read and understand these Terms and have taken the time to consider the conditions and consequences of this decision.
1. Hand Sanitizer Connection Platform
The COVID-19 pandemic has resulted in shortages of certain goods deemed essential to curtail the spread of coronavirus in the U.S., including hand sanitizer. In response, PCPC has developed the Hand Sanitizer Connection to provide a public service to increase the supply of hand sanitizers and facilitate connections between buyers and sellers of inputs used to manufacture hand sanitizers.
Specifically, Hand Sanitizer Connection provides an online platform that enables third-party suppliers of hand sanitizer ingredients (“Suppliers”), hand sanitizer manufacturers (“Manufacturers”), and hand sanitizer distributors (“Distributors”) to connect with each other (collectively, “Connect Users”). PCPC does not supply, manufacture, or distribute hand sanitizer products or hand sanitizer materials and therefore is a neutral venue for Connect Users. We have no control over the conduct of Connect Users or any other users of the Hand Sanitizer Connection. YOU ACKNOWLEDGE AND AGREE THAT WAG! IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE HAND SANITIZER PRODUCTS OR SERVICES.
PCPC makes no representations or warranties about the quality of the materials, manufacturing, distributing, packaging, transportation or other products or services provided by Connect Users, or about your interactions and dealings with Connect Users or other users. PCPC does not employ, recommend, or endorse Connect Users, and we are not responsible or liable for the performance or conduct of Connect Users, whether online or offline. PCPC does not screen Connect Users so you should exercise caution and use your independent judgment before engaging a Connect User or otherwise interacting with users via Hand Sanitizer Connection. Connect Users are solely responsible for making decisions that are in the best interests of themselves and their needs. For example, each Connect User is responsible for keeping its supply and demand information up to date on Hand Sanitizer Connection, and PCPC will not be liable for anyone’s failure to keep information on the platform updated.
2. Changes to Hand Sanitizer Connection and the Terms
PCPC’s Hand Sanitizer Connection platform may change and evolve based on the needs of Connect Users and others. PCPC has the right to change Hand Sanitizer Connection or any part thereof at any time. If you do not wish to use the changed Hand Sanitizer Connection, you may terminate your use of the platform. Any of the material on Hand Sanitizer may be out of date at any given time and PCPC is under no obligation to update such material. However, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of Hand Sanitizer Connection, with or without notice to you. You agree that PCPC shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Hand Sanitizer Connection. We also reserve the right to terminate your access to Hand Sanitizer Connection for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of Hand Sanitizer Connection, PCPC, and our platform users as a whole.
We also reserve the right to revise and update these Terms at any time in our sole discretion without prior notice to any users. All changes are effective immediately, but will not apply retroactively, when we post them on Hand Sanitizer Connection. Therefore, your use of or participation in Hand Sanitizer Connection means you agree to be bound by those revisions to the Terms so we encourage you to periodically review these Terms. If you do not accept and agree to any revised part of these Terms, you may reject the Terms by immediately discontinuing use of Hand Sanitizer Connection. In the event you reject the Terms and continue to access or use Hand Sanitizer Connection, such continued access or use is unauthorized by PCPC.
4. Eligibility (Age, etc.)
By using the Sage Marketplace, you warrant and accept that you are accessing or using the Hand Sanitizer Connection for business purposes. Further, Hand Sanitizer Connection may only be used by those who have the right and authority to enter into and accept these Terms on behalf of the business entity and are fully able and competent to satisfy these Terms’ conditions and obligations. Hand Sanitizer Connection is not available to Connect Users or any other users who had its User Account (discussed below under Section 5) temporarily or permanently deactivated.
(A) Age Restrictions
All Hand Sanitizer Connection users must be at least 18 years old. In cases where you have authorized a minor under 18 to use Hand Sanitizer Connection, you recognize that you are in breach of these Terms. You further understand and accept that you are fully responsible for that minor’s: (i) online conduct; (ii) control of the minor’s access and use of Hand Sanitizer Connection; and (iii) the consequences of any misuse by the minor. PCPC has no obligation to monitor the content accessible through Hand Sanitizer Connection but if we do find out a minor is using the platform for any reason, PCPC reserves the right to terminate access to Hand Sanitizer Connection immediately.
Hand Sanitizer Connection is not intended for children under 13 years old. No one under 13 may provide any information to or on Hand Sanitizer Connection. PCPC does not knowingly collect personal information from children under 13 without verified parental or guardian consent. If you are under 13, you are not permitted to use Hand Sanitizer Connection and should not provide PCPC with any personal information about yourself, including your name, address, telephone, number, email address, or any other information. If PCPC learns that we have collected or received personal information from a child under 13 without verified parental consent, we will delete that information in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you believe we might have any information from or about a child under 13, please contact us immediately at email@example.com and we will take reasonable steps to ensure that such information is deleted from our records.
5. User Account
In order to participate in Hand Sanitizer Connection, you will need to create an account (the “User Account”). When creating your User Account, you must provide true, accurate, current and complete information as prompted by our registration forms, and to maintain and promptly update the information you provide. It is your obligation to maintain and control passwords to your User Account. Each user may only create one User Account. In addition to any other rights or remedies PCPC may have, we expressly reserve the right to immediately deactivate your User Account if created using a false identity or information or using another User Account without permission or deactivate any additional or duplicate User Accounts. We may also terminate your User Account at any time if you breach these terms or otherwise at our sole discretion.
You are also solely responsible for all use, whether or not authorized, of the platform under your User Account and the acts and omissions of anyone that has access to such User Account including without limitation any parent entities, subsidiaries, representatives, affiliates, officers, directors, employees, affiliates, contractors, successors, representatives, and agents (collectively, the “Account Operators”). If applicable, Account Operators may access and participate in Hand Sanitizer Connection pursuant to these Terms. A Connect User and its Account Operators shall be jointly and severally responsible for the acts and omissions of Account Operators in connection with their use of the Hand Sanitizer Connection, including, but not limited to, breach of these Terms. Any claim from an Account Operators’ use of Hand Sanitizer Connection pursuant to these Terms may only be brought against PCPC by the Connect User on that Account Operator’s behalf. Additionally, PCPC may bring claims for violation of this Agreement by Account Operators against such Account Operator, Connect User, or both, at PCPC’s sole discretion.
Upon termination of your User Account or canceling your access to Hand Sanitizer Connection, you agree that PCPC may take any measures we deem necessary to prevent you from accessing the platform. You agree that after canceling your access to Hand Sanitizer Connection, PCPC is not obliged to retain any personal or business information that we collected. These Terms shall remain in full force and effect while you access or participate in Hand Sanitizer Connection, maintain a User Account, and even after your User Account is terminated. You may terminate your User Account at any time, for any reason by contacting PCPC at firstname.lastname@example.org
6. PCPC Communications
By using Hand Sanitizer Connection, you consent to receiving communications from PCPC, including via e-mail and text message (specific to users in the United States). You agree that texts or prerecorded messages may be generated by automatic telephone dialing systems. Communications from PCPC may include but are not limited to: (i) operational communications concerning your User Account or use of Hand Sanitizer Connection; (ii) communications concerning promotions run by us or our third-party partners; and (iii) news concerning PCPC and personal care products industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You may opt out of receiving any promotional or marketing communications at any time by contacting us at email@example.com
7. Acceptable Use of Hand Sanitizer Connection
You are responsible for your use of Hand Sanitizer Connection, and for any additional actions made using your User Account. PCPC’s goal is to create a positive, useful and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third parties or to us. When you access or participate in Hand Sanitizer Connection, you may not:
- violate any applicable federal, state, local, or international law or regulation;
- use Hand Sanitizer Connection for any unintended purposes;
- exploit, harm, or attempt to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- transmit, procure, or send any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- impersonate or attempt to impersonate PCPC, a PCPC employee, another user, or any other person or entity (including, without limitation, by using any email addresses associated with any of the forgoing);
- engage in any conduct that restricts or inhibits anyone’s use or enjoyment of Hand Sanitizer Connection, or which, as determined by us, may harm PCPC or other users or expose them to liability;
- perform or attempt to perform any actions that would interfere with the proper working of Hand Sanitizer Connection, prevent access to or use of Hand Sanitizer Connection by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
- introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to PCPC or users;
- use any robot, spider, harvesting or other software, including spyware, designed to collect data from Hand Sanitizer Connection or users;
- copy, monitor ,reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way the materials, information or services on Hand Sanitizer Connection or PCPC’s website for any purpose without our prior written consent;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Hand Sanitizer Connection, the server on which Hand Sanitizer Connection or user information is stored, or any server, computer, or database connected to Hand Sanitizer Connection or PCPC;
- attack Hand Sanitizer Connection, including any User Account, via a denial-of-service attack or distributed denial-of-service attack;
- transfer any rights granted to you under these Terms;
- use Hand Sanitizer Connection for purposes of competing with any users or PCPC;
- solicit another user’s username and password for Hand Sanitizer Connection;
- use Hand Sanitizer Connection to circumvent any export restrictions imposed by U.S. law, including U.S. Export Administration Regulations (15 C.F.R. Chapter VII);
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- otherwise use Hand Sanitizer Connection except as expressly allowed under these Terms.
If we reasonably suspect that your use of Hand Sanitizer Connection has been for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, and any of your transactions, with the applicable law enforcement or governmental agency and to terminate or suspend your access to all or part of Hand Sanitizer Connection or PCPC’s website.
8. User Content and Posts
Any materials, services, needs, materials, products or related information or content that you create, upload, store, post, or otherwise add to Hand Sanitizer Connection is your “User Content.” Some User Content may be transmittable to or viewable by other users on Hand Sanitizer Connection. In order to post your User Content for other users to see and utilize you grant PCPC certain rights in that User Content.
(B) User Content Representations and Warranties
By posting any User Content, you represent and warrant that: (i) you are the owner or licensor of your User Content, and that you have all rights, consents and permissions necessary to grant the license to your User Content; (ii) you have any necessary consents and releases to post such User Content; and (iii) your User Content does not violate any domestic or international laws or regulations or these Terms. You also represent and warrant that none of your User Content contains any information that is confidential, non-public, owned by or otherwise proprietary to a third party, not in the public domain or otherwise restricted or protected from use by any individual, entity or other party for any use by a third party unless you have been granted express permission to use such User Content. This means that it is your responsibility, and not PCPC, to make sure either you have the right to use any of your User Content or someone else granted you the legal right to use any of your User Content. We may or may not pre-screen any User Content you use when engaging in Hand Sanitizer Connection.
You hereby waive, and release PCPC and Hand Sanitizer Connection users from any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of your User Content in accordance with these Terms. This means that you, and not PCPC, is entirely responsible for all User Content that you upload, download, post, email, transmit, or otherwise make available or use through Hand Sanitizer Connection, including confirming that such User Content complies with all applicable domestic and international laws and regulations and these Terms. If your User Content includes any material that infringes or violates the rights of any third party, you understand that PCPC is not liable for your use of such User Content and you are directly responsible for any and all disputes that arise from the use of such User Content.
(C) User Content Maintenance
You understand that by accessing or participating in Hand Sanitizer Connection, you may be exposed to User Content that is offensive, indecent, objectionable, or illegal. Because we do not verify any User Content, it is not possible for us to guarantee any User Content. However, we have the right (but not the obligation) to remove any User Content from Hand Sanitizer Connection if we determine such User Content may create a liability or claim against PCPC in any way. You also acknowledge that PCPC may establish general practices and limits concerning your User Content, including without limitation the maximum number of days that your User Content will be retained by Hand Sanitizer Connection, the maximum size of any or all User Content posts, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may post to Hand Sanitizer Connection in a given period of time, and any other conditions PCPC determines in its sole discretion. You agree that we have no responsibility or liability for the deletion or failure to store any User Content.
9. Posting Materials and Products
For each material or product you post to Hand Sanitizer Connection, you represent and warrant that: (i) you have good and marketable title (meaning you actually own it) and have the right to sell it; (ii) it is not subject to any loans, financing, liens, uncompleted payment plans, or other encumbrances; (iii) it is not counterfeit; and (iv) it does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation (meaning you can 100% guarantee that it is not plagiarized or otherwise illegal).
You acknowledge and understand that PCPC is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. PCPC fully cooperates with law enforcement and brands seeking to track down the source of counterfeit items. That is why you are fully responsible for ensuring the authenticity of all items you post to Hand Sanitizer Connection, not PCPC. If it comes to PCPC’s attention that any materials or products you post to Hand Sanitizer Connection are counterfeit, have been stolen, or otherwise violate applicable law, PCPC reserves the right to remove or submit to law enforcement or the applicable governmental authority any posts it believes includes illegal materials or products in accordance with applicable laws. By participating in Hand Sanitizer Connection you acknowledge and agree to these conditions, meaning it is your responsibility to know and understand all applicable laws and regulations.
You are responsible for assuring that any materials or products posted or obtained through Hand Sanitizer Connection can be lawfully imported to your destination country. International materials may be subject to import taxes, customs duties, and fees levied by the destination country. These fees are levied once a shipment reaches your destination country and are therefore your responsibility. PCPC has no control over these charges and cannot predict what they may be. Customs fees and policies are different from country to country and can change regularly. You should contact your local customs office for further information. When customs clearance procedures are required by your country, it can cause shipping delays that we cannot predict.
10. Reliance on Information
The information presented on or through Hand Sanitizer Connection, including any User Content, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Hand Sanitizer Connection, or by anyone who may be informed of any of its contents
11. Transactions Between Connect Users
Hand Sanitizer Connection may be used to find and offer hand sanitizer-related materials or services, but all transactions conducted are between Connect Users. In participating in Hand Sanitizer Connection, you agree that PCPC has no liability for damages associated with any User Content posted on the platform or resulting from any other communications or transactions between Connect Users.
12. Website Links
(A) Links from Hand Sanitizer Connection
13. Disclaimers and Limits on Liabilities
(A) Assumption of Risk
By agreeing to participate in Hand Sanitizer Connection, you, on behalf of yourself, and your affiliates, spouse, heirs, next of kin, assigns, executors, administrators, and any others who may have a claim on your behalf (collectively “Your Representatives”) acknowledge and agree that participation in Hand Sanitizer Connection may pose inherent risks and these risks are always present and cannot be entirely eliminated. Therefore, you and Your Representatives understand and acknowledge the risks associated with agreeing to participate in Hand Sanitizer Connection. Knowing the material risks and appreciating, knowing, and reasonably anticipating that other injuries or damage to person or property are a possibility, you and Your Representatives hereby forever expressly assume all of the described risks of injury, all other possible risk of injury or damage to person or property. WHAT THIS MEANS IS THAT YOUR AGREEMENT TO PARTICIPATE IN HAND SANITIZER IS AT YOUR AND YOUR REPRESENTATIVES’ SOLE AND EXCLUSIVE RISK.
PCPC’S GOAL IN DEVELOPING HAND SANITIZER CONNECTION IS TO PROVIDE A SAFE AND COMMUNICAL PLACE THAT HELPS CONNECT THOSE LOOKING TO MAKE HAND SANITIZER, YOU UNDERSTAND THAT HAND SANITIZER CONNECTION, INCLUDING AND ANY MATERIALS, PRODUCTS, OR SERVICES POSTED ON HAND SANITIZER CONNECTION, ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) HAND SANITIZER CONNECTION WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) HAND SANITIZER CONNECTION WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING HAND SANITIZER CONNECTION WILL MEET YOUR EXPECTATIONS. YOU ACCESS AND PARTICIPATE IN HAND SANITIZER CONNECTION SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(C) Limitation of Liability
By agreeing to ACCESS OR PARTICIPATE IN HAND SANITIZER CONNECTION, you FOREVER WAIVE AND RELEASE PCPC FROM ANY AND ALL LIABILITY PRESENT, PAST, AND IN THE FUTURE RELATING TO, CONNECTED WITH, OR ARISING OUT OF HAND SANITIZER CONNECTION OR RELATED SERVICES provided by PCPC. You PROMISE NOT TO SUE, AND HEREBY FOREVER IRREVOCABLY WAIVE, RELEASE, REMISE, AND DISCHARGE PCPC FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION, OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS SUSTAINED, RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH, HAND SANITIZER CONNECTION (THE “RELEASE AND WAIVER”). THIS RELEASE AND WAIVER APPLIES TO ALL CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, ACTIONS, AND CAUSES OF ACTION FORESEEN OR UNFORESEEN, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF IMPLIED WARRANTY AND WARRANTY OF MERCHANTABILITY, BREACH OF STATUTORY OR OTHER DUTY OF CARE, OR DAMAGES TO THE location, YOUR REPRESENTATIVES, or otherwise incurred through ACCESS TO OR PARTICIPATION IN HAND SANITIZER CONNECTION. THIS RELEASE AND WAIVER INCLUDES, WITHOUT LIMITATION: INJURIES THAT MAY OCCUR AS A RESULT OF HAND SANITIZER CONNECTION; INJURY OR HARM FROM HAND SANITIZER CONNECTION INCLUDING BUT NOT LIMITED TO any USER; MENTAL AND EMOTIONAL STRESS; FORCES OF NATURE AND WILDLIFE; SICKNESS OR GLOBAL PANDEMIC; PERSONAL INJURY; PROPERTY DAMAGE; DELAY AND/OR CHANGE OF SCHEDULE; WRONGFUL DEATH; OR THEFT OR LOSS OF PROPERTY.
You UNDERSTAND THAT you have FORFEITED your RIGHTS TO SUE PCPC, AND THAT THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER. You FURTHER AGREE THAT IF you, OR ANYONE ON your BEHALF, ASSERTS A CLAIM CONTRARY TO WHAT you have AGREED TO IN THESE TERMS, THE CLAIMING PARTY (MEANING THE PARTY CLAIMING PCPC IS LIABLE FOR SOMETHING YOU SPECIFICALLY WAIVED IN AGREEING TO THESE TERMS) SHALL BE LIABLE FOR THE EXPENSES (INCLUDING LEGAL FEES) INCURRED BY PCPC IN DEFENDING SUCH CLAIM. YOU EXPRESSLY understand and agree that this Release and Waiver is intended to be as broad and inclusive as permitted by law. In the event that any portion of this provision OF THE TERMS is found invalid, this provision shall be revised to the extent necessary to be in compliance with applicable law. recourse against PCPC shall under no circumstances include consequential, special or indirect damages.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (regardless of whether the claim for such damages is based in contract, tort, strict liability, or otherwise) exceed one thousand dollars ($1000). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You voluntarily and irrevocably agree to indemnify, defend, and hold harmless, at your expense, PCPC from any and all liability present, past and in the future, losses, claims, demands, actions or rights of action, costs or expenses (including, without limitation, reasonable attorney fees and costs), or damages related to, arising out of, or incidental to Hand Sanitizer Connection or these Terms, any incident occurring when accessing or participating in Hand Sanitizer Connection, any act or omission of PCPC related to Hand Sanitizer Connection, these Terms, or any of your acts, errors, omissions, or default related to the Hand Sanitizer Connection or the Terms, including but not limited property repair, property damages or losses, or any other damages in respect of death, injury to person or property, or any other loss or damage to any member, employee, or contractor of PCPC. You acknowledge and agree that PCPC shall not be responsible for damages, direct or consequential, resulting from any injury, annoyance or disturbance under Hand Sanitizer Connection or these Terms.
(A) Governing Law and Jurisdiction
By accessing or participating in Hand Sanitizer Connection, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the District of Columbia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and PCPC.
Any dispute or claim relating in any way to your use of Hand Sanitizer Connection will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://adr.org/consumer or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (“FAA”) and AAA Rules shall preempt all country, state, and local laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Terms or the enforcement thereof, then that issue shall be resolved under the laws of the District of Columbia.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
To begin an arbitration proceeding, you must provide PCPC with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial.
PCPC is based in the District of Columbia, so any legal action against PCPC related to Hand Sanitizer Connection must be filed and take place in a location in Virginia closest to PCPC, LLC’s principal office, including all actions and proceedings under the AAA Rules.
(D) Limitation on Time to Initiate a Dispute
Any cause of action or claim you may have arising out of or relating to these Terms or Hand Sanitizer Connection must be commenced within one (1) year after the cause of action accrued, otherwise, such cause of action or claim is permanently barred.
15. Third party beneficiaries
Connect Users are each a third-party beneficiary of these Terms, and that upon acceptance of these Terms, each Connect User (respectively) will have the right (and will be deemed to have accepted the right) to enforce these Terms as the third-party beneficiary hereof, including without limitation the liability waivers under Section 13 and the dispute process under Section 14.
16. Antitrust Statement
PCPC conducts itself and the Hand Sanitizer Connection in such a way as to avoid any potential for antitrust exposure. If you wish to access or participate in Hand Sanitizer Connection, you are required to comply with all applicable antitrust laws as well as with PCPC’s Antitrust Policy. This means that the responsibility is on you, and not PCPC, to take or refrain from certain actions with competitors who may also access or participate in Hand Sanitizer Connection. You are required to terminate any discussion, seek legal counsel’s advice, or, if necessary, terminate any exchange resulting from Hand Sanitizer Connection if the discussion might be construed to raise antitrust risks.
17. Intellectual Property and Trademarks
Please note, in these Terms, the phrase “intellectual property” describes the ownership rights or other protections over PCPC’s creative and intellectual efforts. We describe what this means in more detail below.
Hand Sanitizer Connection and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by PCPC, its licensors, or other providers or such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit the use of Hand Sanitizer Connection for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, expect as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of Hand Sanitizer Connection for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from Hand Sanitizer Connection.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Hand Sanitizer Connection
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Hand Sanitizer Connection in breach of the Terms, your right to use Hand Sanitizer Connection will end immediately and you must, at our sole option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Hand Sanitizer Connection or any content on Hand Sanitizer Connection is transferred to you, and all rights not expressly granted are reserved by PCPC. Any use of Hand Sanitizer Connection not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The PCPC and Personal Care Products Council names and all related names, logos, product and service names, designs, and slogans are trademarks of PCPC or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on Hand Sanitizer Connection are the trademarks of their respective owners.
18. Geographic Restrictions
Hand Sanitizer Connection is controlled and offered from PCPC’s facilities based in the United States. We make no representations or claims that Hand Sanitizer Connection is accessible or appropriate outside of the United States. Access may not be legal by certain persons or in certain countries. If you access Hand Sanitizer Connection from outside the United States, you do so on your own initiative and are responsible for compliance with any local laws.
No waiver by PCPC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PCPC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
The Terms, and any rights you may have under them, may not be assigned or transferred by you. PCPC may freely assign the Terms.
All headings used in the Terms are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms. Words of any gender used in the Terms shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.
(d) Entire agreement
These Terms constitute the sole and entire agreement between you and PCPC regarding Hand Sanitizer Connection. This supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Hand Sanitizer Connection. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.