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,” “the Council,” “we,” “us” or “our”) governing your use of the INCI Name Application System available through https://inci.www.personalcarecouncil.org/inci-app/ and any services related to the INCI Name Application System now and in the future (collectively, the “INCI Application”).

By accessing or using PCPC’s INCI Application, 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 INCI APPLICATION.

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 INCI Application, 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. INCI Application Website
INCI names (“International Nomenclature Cosmetic Ingredient”) are systematic names internationally recognized to identify cosmetic and personal care product ingredients. They are developed by the International Nomenclature Committee (“INC”) and published by the Council in the International Cosmetic Ingredient Dictionary and Handbook, available electronically as wINCI.

The designation of an INCI name for a cosmetic ingredient is an essential part of ingredient identification; however, just because an ingredient has an INCI name does not mean that the ingredient has been approved for cosmetics. The assignment of an INCI name to an ingredient also does not imply that the ingredient is safe, or that its use in a cosmetic product complies with the laws and regulations of the United States or other global regions.

Specifically, companies can apply for an ingredient name assignment through the INCI Application which is reviewed by the Council and INC. PCPC makes no representations or warranties about getting your INCI name assignment approved through the INCI Application or about your interactions and dealings with the Council or INC.

2. Changes to INCI Application and the Terms
The Council’s INCI Application may change and evolve based on the needs of its users and others. PCPC has the right to change INCI Application or any part thereof at any time. If you do not wish to use the changed INCI Application, you may terminate your use of the website. Any of the material on the INCI Application 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 INCI Application, 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 INCI Application. We also reserve the right to terminate your access to INCI Application for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of INCI Application, PCPC, and our website 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 INCI Application. Therefore, your use of or participation in INCI Application 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 INCI Application. In the event you reject the Terms and continue to access or use INCI Application, such continued access or use is unauthorized by PCPC.

3. INCI Application Privacy Policy
By accessing or using INCI Application, you consent and agree that we may use all collected information as described in the INCI Application Privacy Policy, which is incorporated into these Terms by reference. Please see the INCI Application Privacy Policy for more information.

4. Eligibility (Age, etc.)
By using the INCI Application, you warrant and accept that you are accessing or using the INCI Application for business purposes. Further, INCI Application 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. INCI Application is not available to any other users who had its User Profile (discussed below under Section 5) temporarily or permanently deactivated.

(A) Age Restrictions
All INCI Application users must be at least 18 years old. In cases where you have authorized a minor under 18 to use INCI Application, 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 INCI Application; and (iii) the consequences of any misuse by the minor. PCPC has no obligation to monitor the content accessible through INCI Application but if we do find out a minor is using the website for any reason, PCPC reserves the right to terminate access to INCI Application immediately.
INCI Application is not intended for children under 13 years old. No one under 13 may provide any information to or on INCI Application. 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 INCI Application 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 protected] and we will take reasonable steps to ensure that such information is deleted from our records.

5. User Profile
In order to use INCI Application, you will need to create an account that includes a User ID and a User Profile (collectively, the “User Profile”). When creating your User Profile, 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 Profile. Each user may only create one User Profile. You may update your User Profile at any time, including linking applications, through links provided on the INCI Application website. In addition to any other rights or remedies the Council may have, we expressly reserve the right to immediately deactivate your User Profile if created using a false identity or information or using another User Profile without permission or deactivate any additional or duplicate User Profiles. We may also terminate your User Profile 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 website under your User Profile and the acts and omissions of anyone that has access to such User Profile 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 INCI Application pursuant to these Terms. A 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 INCI Application, including, but not limited to, breach of these Terms. Any claim from an Account Operators’ use of INCI Application pursuant to these Terms may only be brought against PCPC by the user on that Account Operator’s behalf. Additionally, PCPC may bring claims for violation of these Terms by Account Operators against such user, it’s Account Operator, or both, at PCPC’s sole discretion.

Upon termination of your User Profile or canceling your access to INCI Application, you agree that PCPC may take any measures we deem necessary to prevent you from accessing the website. You agree that after canceling your access to INCI Application, 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 INCI Application, maintain a User Profile, and even after your User Profile is terminated. You may terminate your User Profile at any time, for any reason by contacting PCPC at [email protected].

All User Profiles are maintained by PCPC through the use of third-party vendors. These relationships are subject to the INCI Application Privacy Policy; however, if you leave the INCI Application website or are redirected to a third-party website, host website, or application, you will be governed by that third-party’s terms of service and privacy policies. Therefore, we recommend you read any third-party’s terms of service and privacy policies so you can understand their separate conditions and obligations in addition to the manner in which they will handle any personal information.

6. User Content

(A) Generally
Any text, photographs, images, videos, information, data, reports, files, and other related materials (including any third-party materials) you post, upload, share, store, or otherwise provide using the INCI Application, including in your User Profile, is your “User Content.” Some User Content may be viewable to other users. In order to provide your User Content, you grant PCPC certain rights in that User Content discussed below. Please note that your User Content and the terms and conditions related to that User Content is subject to our Privacy Policy to the extent it relates to any of your personal information.

(B) License
Except any of the limitations on using and disclosing your personal information as described in our Privacy Policy, by providing your User Content through the INCI Application you are granting the Council a non-exclusive, royalty-free, perpetual, and worldwide license to use your User Content and your association to such content in connection with the operation of the INCI Application, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, delete, translate, and reformat your content, or to incorporate it into a collective work such content and your association with such content, which may include name and likeness. In participating or otherwise using INCI Application, you represent and warrant that you shall not to obtain, procure, register, or otherwise possess any intellectual property rights or other ownership rights or protections for any INCI name and understand that all INCI names are the intellectual property of PCPC as described in these Terms.
(C) User Content Representations and Warranties
In using the INCI Application, you represent and warrant that: (i) your User Content is truthful and accurately represents the composition of the applicable ingredient and method of manufacture; (ii) you are the owner or licensor of your User Content, and that you have all rights, consents, and permissions necessary to use your User Content, grant the license in Section 6(B) above, and make the release in Section 6(D) below, (iii) if your User Content includes someone’s likeness or personal information that you have any necessary consents and releases to provide such User Content, and (iv) your User Content does not violate any domestic or international law 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 the Council, 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. PCPC may or may not pre-screen any User Content you use when participating in INCI Application.

(D) User Content Release and Waiver
You hereby waive and release the Council and its members and 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 the Council, is entirely responsible for all User Content that you upload, download, post, email, transmit, or otherwise make available or use through the INCI Application, including confirming that such User Content complies with all applicable 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 the Council 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.

(E) User Content Maintenance
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 the INCI Application, the maximum size of any or all User Content files, 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 access the INCI Application, including your User Profile, in a given period of time, and any other conditions of the INCI Application. You agree that PCPC has no responsibility or liability for the deletion or failure to store any User Content and other communications, information, or materials related to your participation in the INCI Application.

7. PCPC and INC Communications
By using INCI Application, you consent to receiving communications from PCPC and INC, including via e-mail and phone. 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) status communications regarding your INCI name application; (ii) operational communications concerning your User Profile or use of INCI Application; (iii) communications concerning promotions run by us or our third-party partners; and (iv) 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 protected].

8. Acceptable Use of INCI Application
You are responsible for your use of INCI Application, and for any additional actions made using your User Profile. 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 INCI Application, you may not:

• violate any applicable federal, state, local, or international law or regulation;
• use INCI Application 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 INCI Application, 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 INCI Application, prevent access to or use of INCI Application 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 INCI Application 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 INCI Application 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 INCI Application, the server on which INCI Application or user information is stored, or any server, computer, or database connected to INCI Application or PCPC;
• attack INCI Application, including any User Profile, via a denial-of-service attack or distributed denial-of-service attack;
• transfer any rights granted to you under these Terms;
• use INCI Application for purposes of competing with any users or PCPC;
• solicit another user’s username and password for INCI Application;
• use INCI Application 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 INCI Application except as expressly allowed under these Terms.

If we reasonably suspect that your use of INCI Application 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 INCI Application or PCPC’s website.

9. Application Fee and Payment Terms

(A) Generally
By participating in INCI Application, you agree to pay the Council all payments due for the applicable processing fee (“Application Fee”). All prices or other payments referenced on INCI Application or charged through your User Profile are listed and payable in local currency (the “Prices”). While we make our best effort to provide you with up-to-date Prices information, including any applicable processing fees, they are subject to change at any time. These payments are subject to the conditions discussed below and are subject to change in our sole discretion.

(B) Payment Options
INCI Application accepts Visa, MasterCard, and American Express credit card payments for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. The Council reserves the right to utilize any third-party payment processors and in such an event you are also subject to that third-party payment processor’s terms and conditions and privacy policy.

Some banks and credit card companies impose fees for international or cross-border transactions. For instance, if you are making a booking using a non-US issued card with a US merchant, your bank or credit card company may charge you a cross-border or international transaction fee. In addition, some banks and card companies impose fees for currency conversion. The currency exchange rate and foreign transaction fee is determined solely by your bank or credit card company on the day that they process the Application Fee payment. If you have any questions about these fees or the exchange rate applied to your payment, please contact your bank or credit card company.

(C) Refund Policy
You have twenty-four (“24”) hours from the time you submit your INCI name application to cancel your order for a partial refund. No refunds will be issued for order cancelled more than twenty-four (“24”) hours after your order has been placed. Cancellations must be submitted in writing to [email protected]. An administrative fee will be deducted from your total refund, the amount of which is in PCPC’s sole discretion. Refunds will be processed with the same payment option used to place the original order. Please note, partial refund might not include any applicable taxes in addition to any international or exchange fees. If you have any questions about these fees or the exchange rate applied to your payment, please contact your bank or credit card company.

10. Reliance on INCI Application Information
The information presented on or through INCI Application is made available solely for general information purposes. The Council does 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 INCI Application, or by anyone who may be informed of any of its contents

11. Links from INCI Application
If INCI Application contains links to other sites and resources provided by third parties, including any User Content containing such links, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to INCI Application, you do so entirely at your own risk and subject to the terms of use for those websites.

12. Third-Party Platforms
Some aspects of the INCI Application and some payment processing functions may be operated on behalf of PCPC by third parties. These relationships are subject to our Privacy Policy; however, if you leave INCI Application or are redirected to a third-party website, software platform, or application, you are no longer governed by these Terms or our Privacy Policy and instead are subject to the terms and conditions, privacy policies, or other conditions or policies of those third parties. Therefore, we recommend that you read any third-party company’s terms and conditions and privacy policies so you can understand the manner in which they will handle any personally-identifiable information.

13. Disclaimers and Limits on Liabilities

(A) Assumption of Risk
By agreeing to participate in INCI Application, 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 INCI Application 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 INCI Application. 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 INCI APPLICATION IS AT YOUR AND YOUR REPRESENTATIVES’ SOLE AND EXCLUSIVE RISK.

(B) Disclaimer
PCPC’S GOAL IN DEVELOPING THE INCI APPLICATION IS TO FACILITATE THE PROCESS OF DEVELOPING STANDARDIZED NAMES FOR COSMETIC AND PERSONAL CARE PRODUCT INGREDIENTS AND EXPANDING THE INFORMATION ABOUT THESE INGREDIENTS IN THE INCI DICTIONARY AND WINCI. YOU UNDERSTAND THAT INCI APPLICATION, INCLUDING ANY DECISIONS CONCERNING YOUR INCI NAME APPLICATION AND ANY INFORMATION OR MATERIALS ON THE INICI APPLICATION WEBSITE, 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) YOUR INCI APPLICATION WILL BE APPROVED OR THAT THE INGREDIENT NAME WILL BE ADDED TO PCPC’S INCI DICTIONARY; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) INCI APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING INCI APPLICATION WILL MEET YOUR EXPECTATIONS. YOU ACCESS AND PARTICIPATE IN INCI APPLICATION 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 INCI APPLICATION, 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 INCI APPLICATION 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, INCI APPLICATION (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 INCI APPLICATION. THIS RELEASE AND WAIVER INCLUDES, WITHOUT LIMITATION: INJURIES THAT MAY OCCUR AS A RESULT OF INCI APPLICATION; INJURY OR HARM FROM INCI APPLICATION 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 limited liability 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.

(D) Indemnification
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 INCI Application or these Terms, any incident occurring when accessing or participating in INCI Application, any act or omission of PCPC related to INCI Application, these Terms, or any of your acts, errors, omissions, or default related to the INCI Application 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 INCI Application or these Terms.

14. Disputes
(A) Governing Law and Jurisdiction
By accessing or participating in INCI Application, 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.

(B) Arbitration
Any dispute or claim relating in any way to your use of INCI Application 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.

(C) Forum
PCPC is based in the District of Columbia, so any legal action against PCPC related to INCI Application 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 INCI Application 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
INCI Application users are each a third-party beneficiary of these Terms, and that upon acceptance of these Terms, each 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 12 and the dispute process under Section 13.

16. Antitrust Statement
PCPC conducts itself and the INCI Application in such a way as to avoid any potential for antitrust exposure. If you wish to access or participate in INCI Application, 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 INCI Application. You are required to terminate any discussion, seek legal counsel’s advice, or, if necessary, terminate any exchange resulting from INCI Application 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.

INCI Application 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, INCI names, 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 INCI Application 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 INCI Application 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 INCI Application.
• 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 INCI Application

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of INCI Application in breach of the Terms, your right to use INCI Application 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 INCI Application or any content on INCI Application is transferred to you, and all rights not expressly granted are reserved by PCPC. Any use of INCI Application not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The PCPC, Personal Care Products Council, INCI, and wINCI 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 INCI Application are the trademarks of their respective owners.

18. Geographic Restrictions
INCI Application is controlled and offered from PCPC’s facilities based in the United States. We make no representations or claims that INCI Application is accessible or appropriate outside of the United States. Access may not be legal by certain persons or in certain countries. If you access INCI Application from outside the United States, you do so on your own initiative and are responsible for compliance with any local laws.

19. Miscellaneous

(A) Severability
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.

(B) Assignment
The Terms, and any rights you may have under them, may not be assigned or transferred by you. PCPC may freely assign the Terms.

(C) Headings
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 INCI Application. This supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding INCI Application. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.