Terms of Use

 

Last updated: February 17, 2012  

 

 

These Terms of Use for the Ocedar.com website (“Website”) are between you and Freudenberg Household Products LP (“FHP”, “we” or “our”). If you do not agree with these Terms of Use, you may not access or otherwise use the Website. Your use of the Website indicates your acknowledgment that you have read and accepted these Terms of Use. We reserve the right to amend these Terms of Use at any time. Your continued use of our Website following the posting of any amendment to the Terms of Use shall indicate your acceptance of the revised Terms of Use.

 

1. Geographical Restrictions
This Website is directed to and intended solely for residents of the United States.

 

 

2. Grant of Rights
Conditioned upon your acceptance of these Terms of Use, FHP grants you a limited, revocable non-exclusive license to access, use and display the Website. You may electronically copy, download and print to hard copy the material on the Website, including, but not limited to, brochures, product information, cleaning tips, Online Content (defined below in the Online Community section) and other Website content and information (collectively “Material”) and use and display the Website solely for your personal use. All rights not expressly granted are reserved.

 

 

3. Privacy Statement
Our use of your information shall be governed at all times by our Privacy Statement which is incorporated into this Terms of Use.

 

 

4. Online Community
This Website may offer opportunities to provide product reviews, cleaning tips and other content (collectively, the “Online Community”) in which your comments are available to other users of the Online Community. Your conduct should be guided by common sense and basic etiquette. If you choose to participate in our Online Community, you may post and/or submit product reviews, cleaning tips, ideas, notes, concepts, questions, statements, opinions, advice, and other content; send emails and other communications (collectively “Online Content”), so long as the Online Content: (a) is not illegal, obscene, threatening or defamatory; (b) is not invasive of privacy; (c) is not infringing of intellectual property rights; (d) does not violate these Terms of Use; (e) is not otherwise injurious to third parties or objectionable; and (f) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Online Content. You agree that you are responsible for any Online Content that you post or submit, and for any consequences thereof. Any opinions, advice, statements, or other information provided or made available by third parties in the Online Community are those of the respective authors and not of FHP.

 

You represent and warrant that: (a) you own or otherwise control all of the rights to the Online Content that you post or submit; (b) the Online Content is accurate and truthful; (c) use of the Online Content you supply does not violate the Terms of Use and will not cause injury to any person or entity; and (d) that you will indemnify and hold harmless FHP for all Claims (defined below in the Indemnity section) arising out of or relating to Online Content that you post or submit. FHP has the right but not the obligation to monitor and edit or remove any activity or Online Content. FHP takes no responsibility and assumes no liability for any Online Content posted by you or any third party.

 

User Name and Password. Some areas of the Website may require a user name and password. Please select a password that would not be obvious to someone trying to guess your password and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of and restricting access to your user name and password. You agree to accept responsibility for all activities that occur under and in connection with your user name and password.

 

 

5. Ownership and Treatment of Online Content 
All Online Content disclosed, or offered to FHP through this Website or in response to solicitations on or through this Website shall be deemed and shall remain the property of FHP. You understand and acknowledge that FHP has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to your Online Content and that FHP is only willing to consider such Online Content on these terms. Online Content is submitted to us on a NONCONFIDENTIAL BASIS, and FHP assumes no obligation express or implied by considering it. Without limitation, FHP shall exclusively own all Online Content of every kind and nature throughout the universe and shall be entitled to unrestricted use of the materials for any purpose whatsoever, commercial or otherwise, without compensation to the provider. You expressly agree to waive the benefit of any provision of law known as “moral rights” or similar laws in connection with Online Content.

 

 

6. Provision of Personal Information
Whenever you provide FHP with personal information, you agree to: (a) provide true, accurate, current and complete personal information and (b) maintain and promptly update such personal information to keep it true, accurate, current and complete. If you provide any personal information that is, or FHP has reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the Website and refuse any and all current or future use of the Website (or any portion thereof).

 

 

7. Electronic Communications
When you visit our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

 

8. Disclaimer
THE WEBSITE, INCLUDING ANY MATERIAL CONTAINED ON THE WEBSITE, IS PROVIDED "AS IS" “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE.

 

 

9. Limitation of liability
FHP, ITS AFFILIATES, EMPLOYEES, OFFICERS, AND REPRESENTATIVES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE, ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIAL OR ONLINE CONTENT CONTAINED WITHIN THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY MATERIAL OR ONLINE CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FHP, ITS AFFILIATES, EMPLOYEES, OFFICERS AND REPRESENTATIVES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

 

 

10. Indemnity
You agree to indemnify and hold harmless, FHP, its parent, affiliates and subsidiaries, and each of their respective officers, employees, directors, representatives, agents, successors and assigns from and against any and all third party claims, liabilities, damages, costs, judgments, penalties and expenses of any kind including, without limitation, reasonable attorneys’ fees (collectively, “Claims”) arising out of or relating to: (a) your use of this Website, including any Online Content and/or Materials and information and Online Content you post and/or submit to the Website or FHP; (b) your breach of these Terms of Use; (c) any Material or Online Content you download or electronically copy from the Website; or (d) your interference with the operation of the Website.

 

 

11. Termination
FHP reserves the right to restrict, suspend or terminate the Website in whole or in part, without notice. FHP may terminate your use or rights to access to any or all portions of the Website and the Material or Online Content thereon for any reason at all.

 

 

12. Trademarks
O-Cedar®, the O-Cedar® logo, and other marks, logos, graphics, and trade dress used on the Website are FHP’s trademarks or the trademarks of FHP’s affiliates, third party retailers or vendors, and may not be used in any manner (including in "meta-tags" or "hidden text") without our prior written approval.

 

 

13. Copyrights
The Materials posted on the Website are copyrighted materials of FHP, third party retailers or vendors, or materials licensed by FHP and may not be reproduced, distributed, modified or publicly displayed without express written permission from us. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Digital Millennium Copyright Act Notice Policy below.

 

 

14. Digital Millennium Copyright Act Notice Policy
FHP respects the intellectual property rights of others, and asks you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Website in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

 

FHP’s designated agent for notice of copyright infringement is:

 

Freudenberg Household Products LP
Attn: Director of Consumer Affairs
2188 Diehl Road
Aurora, IL 60502
Email: fhpcopyright@fhp-ww.com
Phone: (630)270-1400
Fax: (630)270-1699

 

 

15. Linking and framing
You may link to our Website. However, you are expressly prohibited from framing or otherwise using or displaying the Website or any portion thereof in such a manner so that it appears to be part of your own or someone else's website. The Website may contain links to third party websites, but such links are provided solely as a convenience to you. FHP is not responsible for the content of linked third party websites and does not endorse, support, or make any representations or warranties regarding the content or accuracy of material on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

 

 

16. Arbitration
FHP at its sole discretion, may require you to submit any disputes arising from the use of this Website or these Terms of Use to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association with the arbitration proceeding to be held in Chicago, Illinois, U.S.A.

 

 

17. Applicable Law, Personal Jurisdiction and Venue
The Terms of Use shall be governed and interpreted in accordance with the substantive law of the State of Illinois without regard to its conflict of law provisions, and any litigation regarding the Terms of Use shall be brought in the state or federal courts located in Illinois and the parties agree irrevocably to submit to the exclusive jurisdiction of such courts.

 

 

18. General
These Terms of Use are the entire understanding and agreement between FHP and you with respect to the subject matter hereof. The invalidity or unenforceability of any provisions of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by FHP to enforce any of the Terms of Use shall be a waiver of any or our rights under these Terms of Use. FHP may assign its rights and duties under these Terms of Use to any party without notice to you. Your rights and duties under these Terms of Use are not assignable by you without the written consent of FHP.

 

 

19. Contact Information
If you have any questions or concerns about the Website, please review our Support page for contact information.