Terms of Use

Dear visitor or user, welcome – back – to our website!

This website is owned and operated by Edgewell Personal Care (“Edgewell”) and its affiliates. In these Terms of Use, we refer to all the companies in our corporate group as “Edgewell”, “we”, or “us”.

These Terms of Use are intentionally written in a simple way to address all usage related questions on any of our websites. If you wish to know exactly what Edgewell legal entity is behind this website, navigate to the Legal Mentions link. Such legal mentions will also indicate how you can contact us in your local area in addition to the generic contact details available in this document.

Please read these Terms of Use carefully before using our website.

Definitions

For the purposes of these Terms of Use, the following definitions, regardless of whether they appear in singular or in plural, are applicable:

“Content” refers to all information and materials (including, without limitation, personal information, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) accessible as part of or through the use of the Services.

“Feedback” means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our products or Services.

“Service(s)” refers to the services available on this website and other related software, interactive features or downloads (whether accessed directly through website or third party software) such as, without limitation one of our promotions, when you make a purchase, register for service offerings or subscription, share feedback, register for a user account, request a free sample or starter kit, contact us, or sign up to receive communications from us.

“Terms of Use” (also referred to as "Terms") mean these Terms of Use that form the entire agreement between you and us regarding the use of the Service.

“You” means the individual accessing or using the Services, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.

Acknowledgment

These Terms of Use apply to all visitors, users, shoppers and others who access or use the Services and set out the rights and obligations of such persons regarding the use of the Services. By accessing or using the Service, you agree to be bound by these Terms of Use and all applicable laws.

When purchasing, please also refer to our Purchasing Policy or Terms of Sale.

Your access to and use of the Services is also conditioned by your acceptance of and compliance with our Privacy Policy. Such policy describes how we collect, use and disclose your personal information when you use our website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

All other operating rules, policies and procedures that may be published from time to time on the website by us with or without notice to you, are automatically applicable between us.

If you disagree with any part of these Terms of Use, the Privacy Policy or any other legally binding conditions then you may not access the Services.

Intended Audience

You confirm that you are over the age of 18 or your country of residency legal age allowing you to enter into binding agreements. We do not permit minors to use the Services.

The Services are available only for use and purchase in the countries listed in Legal Mentions. Please ensure you are eligible for the Services before engaging with us.

User Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account and our Services.

You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer or other device and for all activities that occur under your account or password. You must not use anyone else's password or account or a name that is offensive, vulgar or obscene. We will not be responsible if you suffer any harm or loss as a result.

Mobile Features

The website and services may offer features and services that are available to you via your mobile phone. These features and services may include the ability to browse the website from your mobile device, upload content, receive messages, download applications or access website features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your mobile operator. Your mobile operator may prohibit or restrict certain Mobile Features or they may be incompatible with your operator or mobile device. Contact your operator with questions regarding these issues. Instructions on how to opt-out of certain Mobile Features will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable short code for the Mobile Feature.

For SMS messaging service, please also refer to our Mobile Message Service Terms and Conditions.

Electronic Communications

Through this website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements and other interactions that we provide to you electronically, are equivalent to communications in writing and shall have the same effect.

Your Agreement

You represent, warrant, and agree that you will not:

• Use the Service in any unlawful manner for any unlawful purpose;
• Permit or otherwise enable unauthorized users to access and/or use the Service;
• Distribute, publish, exhibit, or otherwise use the service, in any manner and for any purpose not expressly permitted under this agreement;
• Exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
• Register as a user of the Service by providing false, inaccurate, or misleading information;
• Collect personal data about other users of the Service for commercial or any other purpose;
• Attempt to gain unauthorized access to our computer systems (including any non-public areas of the Service) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);
• Access or use the Service if you have been previously removed from the Service by us.

Intellectual Property and Content

Except as otherwise stated in these Terms of Use or provided for, you acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services and/or Content, including, without limitation, any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

You agree that in using the Services, you will not use any trademark, service mark, trade name, design or logo of any individual, company or organization without permission or in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, designs or logos.

Subject to your compliance with these Terms of Use, we hereby give you a personal, revocable, worldwide, non-assignable and non-exclusive right to access and use the Services in the manner and for the purposes expressly permitted by the Terms of Use and our associated policies. We reserve all right, title and interest in and to the Service not expressly granted to you under these Terms of Use. There are no implied licenses under these Terms of Use.

Additional terms and conditions may apply for content related to promotions, contests, sweepstakes, giveaways or similar programs. The Service is a public platform and other users of the Service may, and you hereby grant all users of the Services the right to, search for, see, and/or use any Content that you make publicly available through the Service to the extent permitted by the features and functionalities of the Services.

Your Right to Post Content

Our Service allows you to post and upload Content. You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness.

Unless otherwise specifically noted, you agree and hereby confirm that any submission of Content is made without any prior payment or promise of payment or the expectation of any benefit or consideration for submitting such Content.

You agree that we may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of the Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid, royalty free, non-exclusive license to use the feedback, suggestions, and ideas you provide to us in any way.

By submitting Content, you also grant us the right to use your name, picture, likeness, voice, and biographical information in connection with the use or publication of your Content.

You acknowledge and agree that you waive any moral (or similar) rights that you may have in respect of your Content, including, but not limited to, the right to be attributed as the author of the Content and the right not to have the Content edited or changed in a way you are not happy with.

If you are an employee of Edgewell, its affiliates or an agent of Edgewell or its affiliates, you agree to include a clear and conspicuous disclosure of your relationship with us in any Content you post, upload, submit, or otherwise make available to us (i.e., #[EDGEWELL BRAND]_Employee).

By posting, uploading, submitting or otherwise making available Content on the Service, you grant us the right and license to use, host, store, adapt, modify, translate, re-arrange, publish, publicly perform, publicly display, reproduce, distribute or otherwise exploit such Content (in whole or in part) in any manner or media whatsoever, now know or hereafter developed, for any purpose whatsoever. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

We are not responsible for the content of the Services’ users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You acknowledge and agree that your use of the Services, including the storage of any data, files, or information you and/or other materials on a server owned or under our control, shall be at your sole risk and responsibility. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the services for any reason, in our sole discretion.

You may not transmit any Content that is objectionable. Examples of such Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including Edgewell and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content. As Edgewell cannot control all Content posted by users and/or third parties on the Services, you agree to use the Services at your own risk. You understand that by using the Services you may be exposed to Content that you may find objectionable, and you agree that under no circumstances will Edgewell be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. Edgewell can also limit or revoke the use of the Services if you post such objectionable Content.

Content Backups

Although regular backups of Content are performed, Edgewell does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Services.

Copyright

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The local applicable legislation in your country, if pertinent, is also enforced. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description and photo of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service (the URL); your address, telephone number, e-mail address, and social media handle (if applicable); a written 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 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 are authorized to act on the copyright owner's behalf.

Notification by a copyright owner or a person authorized to act on such copyright owner's behalf that fails to comply substantially with requirements of the DMCA and equivalent local copyright legislation 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. Our copyright agent for notice of claims of copyright infringement can be reached as follows:

Legal Department - Copyright Agent

Edgewell

6 Research Drive

Shelton, CT  06484

Phone: 2039445994

Email: DMCA@edgewell.com

In accordance with the DMCA, Edgewell has adopted a policy of terminating, in appropriate circumstances and at Edgewell’s sole discretion, account holders deemed to be repeat infringers due to our receipt of multiple DMCA notifications from content owners.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Edgewell.

Edgewell has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Edgewell shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

By connecting to the service with a third-party service (e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service. We reserve the right, but have no obligation to monitor disputes between you and any other user of the service, or any user's action or inaction. You are solely responsible.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Term and Termination

This agreement is effective until terminated by us or you.  We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.

Upon termination, your right to use the Service will cease immediately. You may terminate this agreement at any time by deleting your user account on the Service and discontinuing use of any and all parts of the Service.

The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of these Terms of Use.

Disclaimer Of Liability

To the fullest extent permitted by law, in no event shall we, our parents, subsidiaries, affiliates, or any of their directors, members, managers, officers, employees, agents or third party licensors, be liable for any special, indirect, incidental, consequential, punitive or exemplary damages or losses arising out of or relating to this agreement and/or the service provided hereunder or any other interactions with us, even if we have been advised of the possibility of such damages.

This limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability or any other basis or legal theory. Without limitation of the foregoing, the total liability for any reason whatsoever related to use of the Service or any claims relating to this agreement, or any content shall not exceed the amounts, if any, paid by you to us during the past twelve months in connection with your access to the Service.

The Service is controlled and operated in the countries stated in Legal Mentions accessible from the footer. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition.

These limitations of liability herein do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury or resulting from our intentional misconduct, recklessness, fraud, or gross negligence.

Release And Indemnification

You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, agents and third party licensors, third-party publishers, necessary third-party platform providers, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys' fees, with respect to (i) your access, misuse of, or reliance upon, the Service, (ii) your actual or alleged violation or breach of this agreement or rights of another, (iii) Content provided by you or through use of your account, including any claims of infringement of intellectual property or other proprietary rights, or privacy rights, of any third party with respect to the Content, and/or (iv) your acts or omissions.

 You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this agreement. This provision does not require you to indemnify us for any unconscionable commercial practice by another party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Edgewell its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all warranties of merchantability, fitness for a particular purpose, title, quality and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Edgewell nor any of Edgewell's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Edgewell are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Law And Jurisdiction

In any circumstances where the agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of law principles. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the State of New York. No software from these Services may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

Disputes and Arbitration

Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver.

WE BOTH AGREE TO ARBITRATE: You and Edgewell agree to resolve any claims relating to these Terms of Use through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms of Use shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:

• Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at jamsadr.com.
• Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
• Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to the State of New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys' fees). Arbitration under this agreement shall be held in the United States in the State of New York under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator will decide the rights and liabilities, if any, of you and Edgewell, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EDGEWELL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. You acknowledge that you have been advised that you may consult with an attorney in deciding to accept this agreement to arbitrate.

You can decline this agreement to arbitrate by emailing us at LegalEPC@Edgewell.com and providing the requested information as follows: (1) your name; (2) the URL of Terms of Use; (3) your address; (4) your phone number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Services.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Assignment, Sublicense or Transfer

You may not assign, sublicense, or transfer this agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this agreement.

Entire Agreement

This agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this agreement shall survive the expiration of this agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.

The No Warranties and Disclaimer of Liability sections do not apply to New Jersey residents in the United States.

Changes to These Terms of Use

We will make reasonable efforts to make the website available, but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently, the website or parts of it without notice.

You acknowledge and agree that the form and nature of the services which we provide may change from time to time without prior notice to you. You acknowledge and agree that we may discontinue your account, decline to provide you access to the services or stop (permanently or temporarily) providing the services to you or to users generally at our sole discretion.

We may make changes to the Terms of Use and other terms and conditions of the agreement from time to time in our sole discretion, by updating these Terms of Use on this website, and specifying the effective date of the new version of the Terms of Use. The "Last Updated" date at the bottom of these Terms of Use will indicate when the latest changes were made.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.

Contact Us

For general inquiries please refer to the Contact Us section of the website or write to the email address available in Legal Mentions.

Accessibility Statement

If you use assistive technology and the format of these Terms interferes with your ability to access information, please contact us so we can respond in a manner most helpful to you. Please indicate the preferred format in which you would like to receive the material and your contact information.

Last update

Our Terms of Use were last updated on April 8th, 2024.