THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 10 THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTES. PLEASE BE SURE THAT YOU UNDERSTAND AND AGREE TO THOSE CONDITIONS BEFORE YOU USE THE SERVICE.
PLEASE READ THESE TERMS AND CONDITIONS (THESE “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. These Terms govern your access to and use of any websites owned or controlled by Kimberly-Clark Corporation (“K-C”, “we”, “us”, or “our”) that link to these Terms (collectively the "Sites", each individually a “Site”). By using or accessing one or more Sites, you agree to be bound by, and comply with, all Terms herein.
In addition, particular Sites or features and activities offered on such Sites, including but not limited to promotions, contests, sweepstakes, social media services, forum pages, and chat rooms, may also be subject to additional terms outlined on such Sites (“Additional Terms”), all of which are incorporated herein by reference. If any of the Terms contained herein conflict with the Additional Terms presented on any particular Site, then the Additional Terms shall control for that Site and the particular functions and activities addressed by said Additional Terms.
Further, by using a Site, you agree to, and acknowledge that you have reviewed and understand, our Privacy Statement which governs how K-C collects, uses, and processes information collected and received through our Sites.
If you do not agree with these Terms, any applicable Additional Terms, and/or our Privacy Statement, you may not use the Sites. K-C reserves the right at its discretion to change, modify, add or remove portions of the Terms, any Additional Terms, and/or the Privacy Statement at any time. Please check these Terms, any Additional Terms, and the Privacy Statement periodically for changes. Your continued use of the Sites following the posting of changes to these Terms, any Additional Terms, and/or the Privacy Statement will mean you acknowledge and accept those changes. A COPY OF THESE TERMS MAY BE DOWNLOADED, STORED OR PRINTED.
II. Site Access
K-C hereby grants you permission to use the Sites as set forth in these Terms and any applicable Additional Terms. Unless otherwise specified, you may only use the Sites for your personal, noncommercial use. You may not copy, distribute, alter or modify any part of the Site other than as may be reasonably necessary to use the Sites for their intended purposes, nor may you access or use, or attempt to access or use, the Sites to take any action that could harm K-C or any third party or interfere with the operation of the Sites, nor may you use the Sites in a manner that violates any applicable law. Without limiting the foregoing, you agree not to:
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of a Site or any activity conducted on a Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of one or more Sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information from one or more Sites;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through one or more Sites;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Copy, distribute, sell, or exploit for commercial purpose, any use of, or access to, any Site or any Content, including without limitation running or displaying a Site or any Content displayed on a Site in frames, via “in-line” linking or similar means;
- Upload or otherwise transmit any communication, software, or material that contains a virus or other malware, or is otherwise harmful to our or our users’ computers or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. K-C may investigate and work with law enforcement authorities to prosecute users who violate these Terms. K-C reserves the right to suspend or terminate your access to the Sites for any or no reason at any time without notice to you.
III. User Submissions
Sites may now or in the future permit you or other users to submit comments, images, videos or other communications ("User Submissions") and/or provide for the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, K-C does not provide any confidentiality with respect to any submissions, so you should assume that all User Submissions are public and act accordingly.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that K-C has no obligation to post, publish, or use any User Submissions, and K-C might not, and might not be practically able to, review all User Submissions posted to or created by users accessing a Site, and is not in any way responsible for the content of User Submissions. K-C does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and K-C expressly disclaims any and all liability in connection with User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
K-C reserves the right to remove, modify, limit access to, or control User Submissions without prior notice. K-C also reserves the right to decide whether a User Submission is appropriate and complies with these Terms. K-C may remove User Submissions and/or terminate a User’s access for uploading material in violation of these Terms at any time, without prior notice, and at its sole discretion.
While K-C is eager to receive your comments and answer your questions about our products and our company, if you have an idea, know-how, invention or suggestion for one of our products or for a new product (an “External Idea”), we can only accept such External Idea within limited, structured programs that we have established (for example, the HUGGIES MOMINSPIRED grant program). This is for your protection and for ours. By accepting External Ideas only through structured programs, we hope to avoid misunderstanding about the origin of External Ideas between you and K-C.
Except for any personal information K-C may collect from you under the guidelines established in our Privacy Statement, any User Submissions you send to us by any means including through a Site, email, a “Contact Us” form, or otherwise, is and will be non-confidential and non-proprietary regardless of whether such User Submissions are published or posted.
In connection with User Submissions, you represent, warrant, and covenant the following:
- Your User Submission is truthful and accurate, and not misleading;
- If our product(s) are mentioned in your User Submission, you are or were a bona fide user or owner of the K-C product(s) mentioned, and your User Submission reflects your true and honest opinion of and experience with such product(s);
- Your User Submission is not unrelated to the K-C product(s) on the applicable Site;
- If you are an employee of K-C, or were hired or engaged by us to promote our products, you will include a clear and conspicuous disclosure of your relationship with us in your User Submission;
- If you received a benefit or had the expectation that you would receive a benefit (other than the publication of your User Submission) in return for submitting your User Submission, you will clearly disclose the benefit and any details thereof in the User Submission;
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, intellectual property or other proprietary rights in and to any and all User Submissions to allow inclusion and use of the User Submissions in the manner contemplated by the Sites and these Terms;
- You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Sites and these Terms;
- The display, publication, or posting of your User Submission, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant all of the license rights contained in these Terms;
- Your User Submission does not violate a law, statute, ordinance, or regulation;
- Your User Submission is not: obscene; defamatory; libelous; harassing or threatening; vulgar, sexually explicit or pornographic; or otherwise inappropriate with respect to race, gender, sexuality, ethnicity, religion or other personal or intrinsic characteristic;
- Your User Submission does not encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law;
- Except as is both reasonable and necessary in the context of your particular User Submission, it does not contain references to other websites, email addresses, contact information, or other personal or sensitive information about an identifiable or reasonably identifiable individual; and
- Our use of your User Submission will not cause injury to any person or entity.
You retain all of your ownership rights in your User Submissions (including External Ideas in all instances in this paragraph). However, by posting, displaying or publishing a User Submission on a Site or submitting any correspondence to us, you hereby grant K-C a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, royalty-free, sublicensable and transferable license to reproduce, distribute, prepare derivative works of, display, perform, publish, sell, disclose, or otherwise use that User Submission for any purpose whatsoever in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek permission from any third party, including without limitation for advertising, promoting and redistributing part or all of a User Submission (and derivative works thereof) in any media formats and through any media channels. This license includes the right to host, index, cache, distribute, and tag any User Submission, as well as the right to sublicense User Submissions to third parties, including other users, for use on other media or platforms now known or hereinafter developed. You hereby further grant us the perpetual, irrevocable, worldwide, non-exclusive, fully-paid, royalty-free, sublicensable and transferable right to use any ideas, concepts, or techniques embodied in such User Submissions for any purpose whatsoever, and hereby waive any and all moral rights you may have in any such User Submissions. Further, you hereby authorize us to edit and otherwise modify any such User Submissions prior to our use, publication, distribution, sale, reproduction, or disclosure thereof.
You also hereby grant each user of the Sites a non-exclusive license to access your User Submissions (including External Ideas in all instances in this paragraph) through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sites and as provided for in these Terms.
K-C does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and K-C expressly disclaims any and all liability in connection with User Submissions.
You understand that when using a Site, you may be exposed to User Submissions from a variety of sources, and that K-C is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against K-C with respect thereto.
IV. Restrictions on Use of Content
No Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download copies of Content for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification or use of Content or the Sites for any other purpose may violate K-C's copyright and other proprietary rights. For purposes of this Agreement, the use of any Content on any other website, online service, or other service is prohibited.
V. Intellectual Property
All content, including but not limited to the information, materials, text, software, computer code, scripts, graphics, images, photos, sounds, music, video, and interactive features appearing on the Sites ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to K-C. The Sites and Content may be subject to copyright and other intellectual property protections under applicable laws. The Sites may contain intellectual property owned by third parties, including but not limited to, promotional and business partners, licensors, licensees, sponsors, and advertisers. Any third party product names and brand names are trademarks of their respective owners.
All rights in any Marks, including but not limited to product names, the “Kimberly-Clark” name and the names of K-C’s affiliates, trade names, brands, characters, logos, trademarks, service marks, trade dress, slogans, product packaging, and designs of K-C’s or its affiliates’ products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to K-C, its affiliates or their respective licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under trademark, unfair competition, and similar laws.
Any unauthorized use of the Content or trademarks or any materials available through the Sites, including but not limited to use in metadata or similar uses, may violate copyright, trademark, unfair competition, false advertising, privacy, and other laws, and may infringe upon the rights of K-C, its affiliates and/or their respective licensors. Such unauthorized use may result in your personal liability, including potential criminal liability. Except as expressly provided under “Site Access” and “Restrictions on Use of Content” Nothing contained herein shall be construed (under any theory) to confer any license or right under any intellectual property of K-C, its affiliates, or any third party.
VI. User Accounts
In order to access some features of one or more Sites, you may be required to create an user account or profile for those Sites (“User Account”). You may never use another individual’s User Account without their permission. When creating your User Account, you must provide accurate and complete information. You are solely responsible for any activity that occurs on your User Account, and you must keep your account password secure. You must promptly notify us of any breach of security regarding, or unauthorized use of, your User Account. Although K-C will not be liable for your losses caused by any unauthorized use of your User Account, you may be liable for our losses or losses to others due to or arising from such unauthorized use.
You agree that K-C, in its sole discretion, may restrict, suspend, or terminate your User Account for any Sites (or any portion thereof) or your use of any Sites (or any portion thereof) and remove and discard any User Submissions, for any reason including, without limitation, if K-C believes that you may have violated or acted inconsistently with the letter or spirit of these Terms or any Additional Terms. K-C may also in its sole discretion and at any time discontinue providing access to the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites under any provision of these Terms may be effected without prior notice, and acknowledge and agree that K-C may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Sites. Further, you agree that K-C shall not be liable to you or any third-party for any termination of your access to the Sites.
Sections of these Terms and any applicable Additional Terms that, by their nature, are intended to survive the expiration or termination of these Terms or such Additional Terms, or suspension, expiration or termination your registration or use of the Sites, shall survive any such suspension, expiration or termination.
If you wish to close your account and unsubscribe, you may go here.
VIII. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, K-C, ITS AFFILIATES AND SUPPLIERS MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SITES, OPERATION OF THE SITES, AND THE CONTENT, GOODS AND SERVICES APPEARING OR OFFERED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, K-C DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. K-C DOES NOT REPRESENT OR WARRANT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE SITES, CONTENT, OR FUNCTIONS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP TO DATE, UNINTERRUPTED, OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, UNAUTHORIZED OR MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS. FURTHER, K-C MAKES NO REPRESENTATION OR WARRANTY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE SITES OR ANY CONTENT, GOODS OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. K-C DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT K-C SHALL NOT BE RESPONSBLE OR LIABLE FOR ANY THIRD PARTY ELEMENTS OF ANY SITES, INCLUDING WITHOUT LIMITATION ANY USER SUBMISSIONS.
Our Sites may include links to or may be linked from other websites that are operated and maintained by third parties and that are not under the control or responsibility of K-C. The content on those third party websites and the services offered by such third parties are not verified or controlled in any way by K-C and are subject to change without notice to K-C.
K-C explicitly disclaims any responsibility for the accuracy, content, or availability of information, products, or services found on websites or services that link to or from its Sites. K-C encourages discretion when browsing the Internet using K-C's or anyone else's websites or services. Because some websites and services employ automated search results or otherwise link you to websites or services containing information that may be misleading or deemed inappropriate or offensive, K-C cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites or services; and you hereby irrevocably waive any claim against K-C with respect to such websites or services.
K-C cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website or service that links to or from the Sites, since such websites and services are owned and operated by independent third parties. K-C does not endorse any of the products, merchandise, services, content, software, or persons or entities affiliated with such third-party websites or services, nor has K-C taken any steps to confirm the accuracy or reliability of any of the information contained therein. K-C does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party, and you hereby irrevocably waive any claim against us with respect to such third parties and their websites and services. K-C strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
X. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL K-C OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF K-C OR A K-C AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE EXTENT PERMITTED BY APPLICABLE LAW, RESULTING FROM (i) THE MISUSE OR THE INABILITY TO USE A SITE OR ANY CONTENT ON A SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES FOR A SITE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON A SITE; OR (iv) ANY INTERRUPTION IN AVAILABILITY OF SITES OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR OTHER UNAUTHORIZED OR MALICIOUS CODE, OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL K-C’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR IN RELATION TO THE SITES, THESE TERMS, ANY ADDITIONAL TERMS OR THE PRIVACY STATEMENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE APPLICABLE K-C SITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT K-C SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless K-C and its employees, contractors, officers, directors, service providers, agents, representatives, successors, and assigns from and against any and all demands, liabilities, claims, damages, losses, costs, expenses, and harms, including reasonable attorneys’ fees and expenses (including any of the foregoing incurred in enforcement of this indemnity provision), that arise from or in connection with: (i) your misuse of one or more Sites or from your breach of these Terms or any Additional Terms; (ii) your violation of any third party rights, including without limitation, any copyright, property or privacy right; (iii) your submission or use of User Submissions; (iv) and/or any claim that any of your User Submissions caused damage to a third party. K-C reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with K-C in asserting any available defenses. This indemnity obligation will survive any expiration or termination of these Terms and your registration or use of the Sites.
XII. Ability to Accept the Terms
You affirm that you are either (i) at least 18 years of age, (ii) an emancipated minor, or (iii) possess legal parental or guardian consent, and are fully able and competent to, enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and any applicable Additional Terms, and to abide by and comply with these Terms and any applicable Additional Terms.
Unless specifically stated in applicable Additional Terms for a Site, the Sites are not intended for children under the age of 13, and you affirm that you are at least 13 years of age. If you are under 13 years of age, then you may not use the Sites.
XIII. Notice and Procedure for Making claims of Copyright Infringement
K-C respects the intellectual property of others, and K-C asks our users to do the same. As a result, K-C will remove Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. In addition, K-C may terminate the User Account and the right to access our Sites of any repeat infringer, as determined by K-C in its sole discretion. Also, K-C may remove any User Submission and/or terminate any individual’s access to uploading User Submissions at any time, without prior notice and at its sole discretion.
It is the policy of Kimberly-Clark to comply with provisions of the Copyright Act of Canada which provides recourse for copyright owners who believe that material appearing on this Site infringes their rights under Canada copyright law.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Agent (contact information listed below) with all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed;
- A description of where the material that is claimed to be infringing is located on the Site with information reasonably sufficient to permit us to locate the material;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Your name, address, telephone number and e-mail address.
Upon receipt of notices complying with these requirements, Kimberly-Clark will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Site or making submissions.
Any notification that fails to comply with requirements of this section shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
We are only able to accept notices in the language(s) into which these Terms are made available by us on this Site.
Designated Agent Contact Information:
Kimberly-Clark Legal—Trademarks & Copyrights
2001 Marathon Ave.
P.O. Box 349
Neenah, WI 54957
IMPORTANT NOTE: THIS INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING KIMBERLY-CLARK THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE AND SHOULD INSTEAD BE DIRECTED THROUGH THIS SITE’S “CONTACT US” INFORMATION.
XIV. Jurisdictional Issues
The Sites are owned, controlled, and/or operated by K-C in Canada, and are designed to comply with the laws and regulations of Canada. The Sites are intended for access and use by Canada residents only, and K-C makes no representation that materials on the Sites are appropriate or available for use outside of Canada. Those who choose to access the Sites from outside Canada do so on their own initiative and are responsible for compliance with any applicable local laws, rules, and regulations. All information available on the Site may be subject to Canadian export control laws and may also be subject to the laws of the country where you reside.
In the event of your breach or threatened breach of any of the provisions of these Terms or applicable Additional Terms, you hereby consent and agree that K-C will be entitled to, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from a court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief will be in addition to, not in lieu of, legal remedies, monetary damages, or other available forms of relief.
XVI. Governing Law; Dispute Resolution and Binding Arbitration
Any controversy or claim arising out of or relating to any Sites, these Terms, any applicable Additional Terms, and the Privacy Statement, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of these Terms, will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its choice of law rules and will be settled by binding arbitration in Mississauga, Ontario under the Canadian Arbitration Rules as administered by ICDR Canada (“ICDR”). The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in Canada with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of ICDR or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, each party shall select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by the parties are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by ICDR. Notwithstanding this arbitration provision, K-C may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by you. NEITHER PARTY WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS RELATED TO ANY SITES, THESE TERMS, ANY ADDITIONAL TERMS OR THE PRIVACY STATEMENT. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
IF FOR ANY REASON AN ACTION, SUIT, CLAIM OR PROCEEDING PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, (I) SUCH ACTION, SUIT, CLAIM OR PROCEEDING SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICATION OF THE FEDERAL OR PROVINCIALCOURTS, AS APPLICABLE, SITTING IN ONTARIO, AS CLOSE AS POSSIBLE TO MISSISSAUGA, AND EACH PARTY WAIVES ANY CLAIM OF INCONVENIENT FORUM, AND (II) EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.
You and K-C also agree that any cause of action arising out of or related to the Sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If any provision of these Terms, any applicable Additional Terms, or the Privacy Statement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms, the applicable Additional Terms, or the Privacy Statement, as applicable, and shall not affect the validity and enforceability of any remaining provisions.
These Terms, together with any Additional Terms, constitute the entire agreement between you and K-C relating to the subject matter herein, and supersede any prior or contemporaneous communications and agreements (whether oral, written or electronic) between you and us.
Our failure to enforce any provision of these Terms and/or any Additional Terms or respond to a breach by you or any other party shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms and/or any Additional Terms or to act with respect to similar breaches.
XVII. Contact Us