INCI Website INCI Terms of Service
PCPC INCI Website – INCI Terms of Service
Last Updated: March 25, 2022
Please take a few minutes to review these Terms of Service (the “INCI Terms”) carefully. These INCI 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 International Nomenclature Cosmetic Ingredient (“INCI”) website available through https://incipedia.personalcarecouncil.org including any services related to INCI and INCI names, the International Cosmetic Ingredient Nomenclature Committee (“INC”), INCIpedia, the International Cosmetic Ingredient Dictionary and Handbook, wINCI, and the International Buyers’ Guide now and in the future (collectively, the “INCI Website”).
By accessing or using the INCI Website, you expressly acknowledge that you understand and have the right, authority, and capacity to accept to be bound by these INCI Terms just as if you signed a formal legal contract. IF YOU DO NOT AGREE TO BE BOUND BY THESE INCI TERMS, YOU MAY NOT USE OR ACCESS THE INCI WEBSITE.
PLEASE REVIEW SECTIONS 14 AND 15 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 Website, you expressly acknowledge that you have read and understand these INCI Terms and have taken the time to consider the conditions and consequences of this decision.
1. INCI Overview
INCI names are systematic names internationally recognized to identify cosmetic and personal care product ingredients. They are developed by the INCI and published by the Council in the International Cosmetic Ingredient Dictionary and Handbook, available electronically as wINCI.
2. Changes to INCI Website and the INCI Terms
The INCI Website may change and evolve based on the needs of its users and others. PCPC has the right to change INCI Website or any part thereof at any time. If you do not wish to use the changed INCI Website, you may terminate your use of the website. Any of the material on the INCI website may be out of date at any given time and PCPC is under no obligation to update such material.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 the INCI Website, 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 Website. We also reserve the right to terminate your access to INCI Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of INCI Website, PCPC, and our website users as a whole.
We also reserve the right to revise and update these INCI 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 Website. Therefore, your use of or participation in the INCI Website means you agree to be bound by those revisions to the INCI Terms, so we encourage you to periodically review these INCI Terms. If you do not accept and agree to any revised part of these INCI Terms, you may reject the INCI Terms by immediately discontinuing use of INCI Website. In the event you reject the INCI Terms and continue to access or use INCI Website, such continued access or use is unauthorized by PCPC.
By using the INCI Website, you warrant and accept that you are accessing or using the INCI Website for business or research purposes. Further, the INCI Website may only be used by those who have the right and authority to enter into and accept these INCI Terms on behalf of the business entity and are fully able and competent to satisfy these INCI Terms’ conditions and obligations. INCI Website is not available to any other users who had its INCI User ID (discussed below under Section 5) temporarily or permanently deactivated. If you are an entity with multiple users, it is your responsibility to notify PCPC of any of your users that are no longer eligible to access the INCI Website within thirty (30) days of that user’s ineligibility by contacting firstname.lastname@example.org.
(A) Age Restrictions
All INCI Website users must be at least 18 years old. In cases where you have authorized a minor under 18 to use the INCI Website, you recognize that you are in breach of these INCI 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 the INCI Website; and (iii) the consequences of any misuse by the minor. PCPC has no obligation to monitor the content accessible through the INCI Website but if we do find out a minor is using the website for any reason, PCPC reserves the right to terminate access to the INCI Website immediately.
INCI Website is not intended for children under 13 years old. No one under 13 may provide any information to or on the INCI Website. 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 the INCI Website 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. INCI User ID
In order to use the INCI Website, you will need to create an account that includes a User ID and password (collectively, the “INCI User ID”). When creating your INCI User ID, 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 INCI User ID. Each user may only create one INCI User ID. You may update your INCI User ID at any time, including linking applications, through links provided on the INCI Website. In addition to any other rights or remedies the Council may have, we expressly reserve the right to immediately deactivate your INCI User ID if created using a false identity or information or using another INCI User ID without permission or deactivate any additional or duplicate INCI User IDs. We may also terminate your INCI User ID at any time if you breach these INCI Terms or otherwise at our sole discretion.
You are also solely responsible for all use, whether or not authorized, of the INCI Website under your INCI User ID and the acts and omissions of anyone that has access to such INCI User ID 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 the INCI Website pursuant to these INCI 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 Website, including, but not limited to, breach of these INCI Terms. Any claim from an Account Operator’s use of the INCI Website pursuant to these INCI 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 INCI Terms by Account Operators against such user, it’s Account Operator, or both, at PCPC’s sole discretion.
Upon termination of your INCI User ID or canceling your access to INCI Website, 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 the INCI Website, PCPC is not obliged to retain any personal or business information that we collected. These INCI Terms shall remain in full force and effect while you access the INCI Website, maintain an INCI User ID, and even after your INCI User ID is terminated. You may terminate your INCI User ID at any time, for any reason by contacting PCPC at firstname.lastname@example.org.
6. INCI Website Content
Any text, photographs, images, videos, information, data, reports, files, and other related materials (including any third-party materials) INCI publishes, posts, uploads, shares, stores, or otherwise provides through the INCI Website, including the content discussed in the below subsections contained in this section, is “INCI Content.” All INCI Content on the INCI Website, including content obtained from a third party link or platform, are provided to you ‘AS IS’, ‘AS AVAILABLE,’ and ‘WITH ALL FAULTS’. INCI Content and other information published through the INCI Website may include inaccuracies or typographical errors. This means we use commercially reasonable efforts to provide you with useful INCI Content, however, we do not warrant or represent that the INCI Content or other information available through the INCI Website is complete or up-to-date, or without inaccuracies or typographical errors. Please review the disclaimers and limits on liabilities discussed in Section 14 below because they apply to all INCI Content. Therefore, your use or reliance on the INCI Content is at your own risk, without recourse against PCPC. Under no circumstance will we be liable for any loss or damage caused by your reliance on any INCI Content or other information obtained through the INCI Website or a third party link or platform. The following content may include additional fees as listed on the INCI Website.
(A) INCI Name Assignment
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 we – or any third party or government body – approve, certify, or endorse it. The assignment of an INCI name to an ingredient also does not imply standards of purity, safety, or that its use in a cosmetic product complies with the laws and regulations of the United States or other global regions.
INCIpedia is a platform that provides access to data collections on ingredients and technical reports, as well as current news. INCIpedia includes INCI Content in addition to content created by third parties and government bodies. Therefore you will also be subject to the terms and conditions in addition to intellectual property rights or other ownership rights or protections of that third-party or government body.
(B) International Buyers’ Guide
The International Buyers’ Guide (“Buyers’ Guide”) is an electronic resource featuring a listing of INCI names for cosmetic raw materials and their suppliers. Any ingredients published in the Buyers’ Guide are offered for sale for use in cosmetic products. The absence of any ingredients in the Buyers’ Guide does not imply that the ingredient may not or should not be used in finished cosmetic products. The suitability of any ingredient, as a component of a finished cosmetic product or for any other purpose, is at the sole responsibility of the cosmetic product manufacturer, distributor, or any other users of the Buyers’ Guide. The names of packaging suppliers and services vendors, private label manufacturers, analytical, safety, and testing facilities and consultants are also provided without review or consideration of their qualifications as to suitability or standards of performance. Council makes no representation regarding approval, certification, or any other endorsement of entities published in the Buyers’ Guide.
INCIpedia is a platform that provides access to data collections on ingredients and technical reports, as well as current news. INCIpedia includes INCI Content in addition created by third parties and government bodies. Therefore you will also be subject to the terms and conditions in addition to intellectual property rights or other ownership rights or protections of that third-party or government body.
(D) wINCI and Dictionary
wINCI provides a digital copy of the International Cosmetic Ingredient Dictionary and Handbook (“Dictionary”). Both the Dictionary and wINCI use ingredient names established to minimize the differences in the nomenclature recognized by government bodies both in the United States and globally (including the European Union and Japan). But labeling names for some categories of ingredients intended for sale in the United States may be different from those intended for sale in other countries. All users should review all applicable domestic and international laws and regulations to ensure that INCI names used for labeling are appropriate for your intended markets. The regulatory and ingredient use descriptions contained in the Dictionary and wINCI are based on information available to the Council and are updated as new information becomes known.
Users are responsible to meet any technical requirements to access wINCI. PCPC may recommend certain equipment, software, or browsers that are compatible with wINCI, but this is not a guarantee. PCPC disclaims any responsibility for determining compatibility between wINCI and a user’s given equipment, software, or browser. This means that you understand and acknowledge that wINCI may not be accessible to all users based due to any technical requirements.
8. PCPC and INC Communications
By using INCI Website, 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) operational communications concerning your INCI User ID or use of INCI Website; (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.
9. Acceptable Use of the INCI Website
You are responsible for your use of the INCI Website, and for any additional actions made using your INCI User ID. 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 the INCI Website, you may not:
• violate any applicable federal, state, local, or international law or regulation;
• use the INCI Website 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 the INCI Website, 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 the INCI Website, prevent access to or use of the INCI Website 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 the INCI Website 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 the INCI Website 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 the INCI Website, the server on which the INCI Website or user information is stored, or any server, computer, or database connected to the INCI Website or PCPC;
• attack the INCI Website, including any User ID, via a denial-of-service attack or distributed denial-of-service attack;
• transfer any rights granted to you under these INCI Terms;
• use the INCI Website for purposes of competing with any users or PCPC;
• solicit another user’s username and password for the INCI Website;
• use the INCI Website 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 the INCI Website except as expressly allowed under these INCI Terms.
If we reasonably suspect that your use of the INCI Website 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 the INCI Website or PCPC’s website.
10. Order Forms and Payment
By participating in the INCI Website, you agree to pay the Council all payments due for the applicable INCI Content (“INCI Fees”) as listed on the order form. All prices or other payments referenced an order form are listed and payable in the United States dollar. 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.
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.
11. Reliance on INCI Website Information
The information presented on or through the INCI Website 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 the INCI Website, or by anyone who may be informed of any of its contents
12. Links from the INCI Website
13. Third-Party Platforms
14. Disclaimers and Limits on Liabilities
(A) Assumption of Risk
By agreeing to use the INCI Website, 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 use of the INCI Website and any INCI Content 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 use the INCI Website and INCI Content. 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 USE THE INCI WEBSITE AND INCI CONTENT IS AT YOUR AND YOUR REPRESENTATIVES’ SOLE AND EXCLUSIVE RISK.
(B) Website Disclaimers
You understand that we cannot and do not guarantee or warrant that files or other downloadable materials from the INCI Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, PCPC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
PCPC’S GOAL IN DEVELOPING THE INCI WEBSITE IS TO FACILITATE THE PROCESS OF DEVELOPING STANDARDIZED NAMES FOR COSMETIC AND PERSONAL CARE PRODUCT INGREDIENTS AND EXPANDING THE INFORMATION ABOUT THESE INGREDIENTS. YOU UNDERSTAND THAT ANY INCI CONTENT OR INFORMATION OR MATERIALS ON THE INICI 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) ANY INCI WEBSITE DEFECTS OR ERRORS WILL BE CORRECTED; (III) INCI WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE INCI WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ACCESS THE INCI WEBSITE SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(C) Legal Advice Disclaimer
The INCI Website and INCI Content are for informational and reference purposes only. THE INCI WEBSITE AND INCI CONTENT DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE AND USE OF THE INCI WEBSITE or INCI CONTENT DOES NOT CONSTITUTE ADVICE FROM A LAWYER OR LEGAL AUTHORITY. We encourage you to seek the advice of an attorney, including an attorney who practices in the area of regulatory compliance, if you require any legal advice. We expressly waive all liability related to the accuracy or reliability of any opinion, advice provided through the INCI Website, so your use or reliance on that information is at your own risk.
(D) Limitation of Liability
BY AGREEING TO ACCESS OR USE THE INCI WEBSITE OR INCI CONTENT, 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 THE INCI WEBSITE, INCI CONTENT, 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, THE INCI WEBSITE OR INCI CONTENT (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 THE INCI WEBSITE OR INCI CONTENT. THIS RELEASE AND WAIVER INCLUDES, WITHOUT LIMITATION: INJURIES THAT MAY OCCUR AS A RESULT OF THE INCI WEBSITE OR CONTENT; INJURY OR HARM FROM THE INCI WEBSITE OR INCI CONTENT INCLUDING BUT NOT LIMITED TO 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 INCI TERMS, THE CLAIMING PARTY (MEANING THE PARTY CLAIMING PCPC IS LIABLE FOR SOMETHING YOU SPECIFICALLY WAIVED IN AGREEING TO THESE INCI 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 INCI 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 the INCI Website, INCI Content, or these INCI Terms, any incident occurring when accessing or participating in the INCI Website, any act or omission of PCPC related to the INCI Website, INCI Content, or these INCI Terms, or any of your acts, errors, omissions, or default related to the INCI Website, INCI Content, or the INCI 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 the INCI Website, INCI Content, or these INCI Terms.
(A) Governing Law and Jurisdiction
By accessing or participating in the INCI Website, 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 INCI 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 the INCI Website 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 INCI 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 INCI 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 the INCI Website 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 INCI Terms or the INCI Website must be commenced within one (1) year after the cause of action accrued, otherwise, such cause of action or claim is permanently barred.
16. Antitrust Statement
PCPC conducts itself and the INCI Website in such a way as to avoid any potential for antitrust exposure. If you wish to access the INCI Website, 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 the INCI Website. You are required to terminate any discussion, seek legal counsel’s advice, or, if necessary, terminate any exchange resulting from the INCI Website if the discussion might be construed to raise antitrust risks.
17. Intellectual Property and Trademarks
Please note, in these INCI 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.
The INCI Website, including INCI Content, 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 of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Copyright is not claimed as to any part of an original work prepared by any government officer or employee as part of that person’s official duties. You may download, store, display on your computer, view, and print INCI Content PCPC makes available on the INCI Website or for download through the INCI Website subject to the following: (a) the INCI Content may be used solely for your personal, informational, noncommercial purposes unless you have an express license from the Council to use INCI Content for commercial purposes; (b) the INCI Content may not be modified or altered in any way; and (c) the INCI Content may not be redistributed. Unauthorized reproduction or distribution of INCI content, or any portion of it, is not allowed. Users shall not reverse engineer, decompile, disassemble, modify, translate, or create derivative works from INCI Content without PCPC’s express written consent.
Unauthorized use of the INCI Content in breach of these INCI Terms, will immediately terminate your right to use the INCI Website and INCI Content and you must, at our sole option, return or destroy any copies of the materials you have made without PCPC’s express written consent. No right, title, or interest in or to the INCI Website or INCI Content is transferred to you, and all rights not expressly granted are reserved by PCPC. Any use of the INCI Website or INCI Content not expressly permitted by these INCI Terms is a breach of these INCI Terms and may violate copyright, trademark, and other laws.
The names associated with 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 may not use our trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the INCI Website are the trademarks of their respective owners.
18. Geographic Restrictions
the INCI Website is controlled and offered from PCPC’s facilities based in the United States. We make no representations or claims that the INCI Website is accessible or appropriate outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the INCI Website 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 INCI 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 INCI Terms shall not constitute a waiver of such right or provision. If any provision of these INCI 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 INCI Terms, and any rights you may have under them, may not be assigned or transferred by you. PCPC may freely assign the INCI Terms.
All headings used in the INCI Terms are intended for convenience of reference only and shall not affect the construction or interpretation of the INCI Terms. Words of any gender used in the INCI 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 INCI Terms constitute the sole and entire agreement between you and PCPC regarding the INCI Website. This supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the INCI Website. Any ambiguities in the interpretation of these INCI Terms shall not be construed against the drafting party.