PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SERVICE OR ANY OTHER COLGATE OR COLGATE SUBSIDIARY OR RELATED ENTITY SERVICE.
When you visit the Site or provide information to Colgate, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
3. License; Reservation of Rights; Intellectual Property
3.2 License Restrictions. Except as expressly permitted herein, you shall not (i) copy or modify the Service for any purpose, including for the purposes of testing the vulnerability of any Colgate system or network or breaching any security or authentication measures; (ii) reverse-engineer, decompile, modify, translate, disassemble or discover the source code for all or any portion of the Service; (iii) distribute, disclose, market, rent, lease or otherwise transfer the Service to any other person or entity; (iv) interfere with, or attempt to interfere with, the access of any user, host or network; (v) violate any applicable law or regulation; or (v) use the Service to, or permit, enable or assist a third party to create competing products or services.
4. Registration and Account Creation
Our Service may allow you to register or create an account (“Account”) in order to access certain features or content, make a Post (as defined below), make a purchase or participate in Reward Programs (as defined below). If you create an Account, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete. You agree not to register for more than one Account for yourself on each of our Sites or Apps. You are responsible for maintaining the confidentiality of your Account log-in and password information and for any activities that take place through your Account. We are not liable for any harm caused or related to the theft or misappropriation of your Account information or your authorization of anyone else to use your Account information. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your Account or if you wish to deactivate your Account due to security concerns.
If you make a purchase through our Service, you shall also be bound by our Terms of Sale which are incorporated herein by reference.
6. User Content and Posting on the Services
6.1 Our Service may enable you to submit, provide, transmit, exchange, communicate and display (a "Post" or "Posting") content, reviews, ratings, photos, videos, messages or other information (“User Content”). Our Service may also provide access to content aggregated from third party sites, such as product reviews (“Third Party Content”).
6.3 By Posting User Content, you represent and warrant that you have the right to grant, and do grant, to Colgate a revocable, perpetual, unlimited, non-exclusive, fully paid, royalty-free, transferable, worldwide license (with a right to sublicense) to use, copy, perform, display, share with vendors, and distribute such User Content to prepare derivative works of, or incorporate into other works and into any form, medium, or technology, now known or hereafter developed, throughout the world, and to grant and authorize sublicenses of the foregoing, all without any notification or compensation to you. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with any publication of your User Content. Do not Post or provide any User Content that you do not wish to license to us.
6.5 By submitting any User Content to Colgate, you represent and warrant that:
6.5.1 you are the sole author and owner of the intellectual property rights in the User Content;
6.5.2 all User Content that you post is accurate and complete;
6.5.3 you are at least 18 years old;
6.5.5 you have made proper disclosures regarding any material connections between you and Colgate
6.5.6 your User Content reflects your honest and truthful opinion regarding your experience with Colgate’s products; and
6.5.7 you are either (1) not a Colgate employee, or (2) a Colgate employee and have clearly and conspicuously disclosed this in your review.
6.6 You further represent and warrant that you have all permissions and licenses necessary to grant such rights to us, including, by way of example, "right of publicity" and other rights relating to the reproduction of names and/or likenesses of any individuals which appear in such User Content. You may revoke any of the foregoing licenses by deleting the applicable licensed User Content pursuant to the instructions provided on our Service. However, we may retain copies of such User Content for non-public, non-commercial, archival use and you acknowledge and agree that to the extent that we may have already distributed your User Content to a third party we have no obligation to retrieve or cause such third party to cease using such User Content.
6.7 You are solely responsible for the User Content that you Post. You agree not to Post any content that:
6.7.1 is unrelated to the products and services offered by or available at Colgate’s Site or Apps;
6.7.2 is offensive to the community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group, organization or individual;
6.7.3 harasses or advocates harassment of another person, group or organization;
6.7.4 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming,” or is an advertisement or refers to other products, offers, or websites;
6.7.5 involves information that you know is false, inaccurate, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6.7.6 infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or misappropriates the name and/or likeness of another;
6.7.7 includes material that is defamatory, libelous, hateful, abusive, indecent, vulgar, sexist, racially or religiously biased or offensive;
6.7.8 contains nudity or depicts sexual activities or contains sexually suggestive content, including photographs, or is pornographic or otherwise inappropriate or obscene;
6.7.9 contains any material that depicts, describes or threatens violence, or is unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
6.7.10 contains words or descriptions that are reasonably considered vulgar, course or crude;
6.7.11 for which you were compensated or granted any consideration by any third party;
6.7.12 that includes any information that references other websites, addresses, email addresses, contact information or phone numbers, or any other personally identifiable information for you or any third party;
6.7.13 that includes a critical or spiteful comment on other Content posted on any Colgate website page or their authors;
6.7.14 for which you were compensated or granted any consideration by any third party;
6.7.15 that includes any information that references other websites, addresses, email addresses, contact information or phone numbers, or any other personally identifiable information for you or any third party;
6.7.16 solicits passwords or personal identifying information from other users;
6.7.17 violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or guidance relating to endorsements and testimonials);
6.7.18 engages in any unauthorized commercial activities, solicitations and/or sale;
6.7.19 that contains any computer viruses, worms or other potentially damaging computer programs or files; and/or
6.9 You acknowledge that User Content and Third Party Content may be inaccurate, misleading, or deceptive. Posted Content should not be construed as an endorsement, affiliation, or promotion of any of the products or services discussed. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Colgate. Colgate does not represent or warrant the accuracy of any statements or product claims made in User Content and/or Third Party Content, nor endorses any opinions expressed within any such Content. Colgate is not responsible for, and has no liability for, any use of all or any part of the User or Third Party content by any third party. None of the User or Third Party Content submitted shall be subject to any obligation of confidence on the part of Colgate, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
6.10 By submitting your email address in connection with any User Content, you agree that Colgate and its third party service providers may use your email address to contact you about the status of such User Content and other administrative purposes.
7. Warranties And Limitations Of Liability for the Service
7.1 Warranties. We will use commercially reasonable efforts to cause the Service to operate in substantial conformance with its published documentation. To the fullest extent permitted by applicable law, Colgate’s sole obligation and your sole remedy with respect to any failure of the Service to substantially conform to the documentation is for Colgate to use commercially reasonable efforts to remedy any such failure as soon as is reasonably practicable, and if such failure is not remedied in a reasonable time, for you to terminate your use of the Service pursuant to Section 14.2.
7.2 No Specific Results. Colgate does not represent, warrant or otherwise guarantee: (a) the reliability and suitability of the Service; (b) the effectiveness, suitability or reliability of communicated information (including any data provided through the Service); (c) that the Service will work without interruption or that it will be free of errors, viruses or other harmful components; (d) outcomes resulting from your use of the Service; (e) that the information available on or through the Service is comprehensive or exhaustive, or that it addresses all relevant symptoms, medicines, and treatments for various oral diseases; or (f) any outcome with respect to health and well-being as a result of the application of this information.
7.3 No Practice of Dentistry or Medicine. YOU ACKNOWLEDGE AND AGREE THAT (i) OUR SERVICE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, INCLUDING ANY INFORMATION WHICH MAY BE ACCESSIBLE SOLELY TO MEDICAL PROFESSIONALS; (ii) OUR SERVICE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, THE PRACTICE OR FURNISHING OF MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES; AND (iii) YOU WILL ALWAYS CONSULT WITH A QUALIFIED DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL OR HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY MEDICAL OR HEALTH CARE PROVIDER OR OTHER DIRECTORIES OR LOCATORS (INCLUDING, WITHOUT LIMITATION, THEIR CONTENTS AND RESULTS) CONTAINED ON OR PROVIDED THROUGH OUR SERVICE ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES ONLY, AND DO NOT IMPLY OUR ENDORSEMENT OF, OR THAT WE HAVE ANY ASSOCIATION WHATSOEVER WITH, SUCH PROVIDERS.
9. Essential Part of the Bargain
10. Third Party Links
Colgate may provide links or references to other sites or services owned or controlled by third parties, but Colgate has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from your use of such content, sites or services. Any links to other sites are provided as merely a convenience to you. If you leave our Service and go to a third party site, you should confirm the terms, privacy and other policies that apply to you since we neither control, nor have any responsibility for such third party sites.
11. Loyalty and Rewards Programs
We may make available or automatically enroll you in certain rewards programs (“Programs”) when you use our Services. The earning, expiration and redemption and rules associated with such Rewards Programs are governed by the applicable rewards program terms, which are available on the relevant Site or App.
12. Contests, Sweepstakes and Promotions
13. Indemnification; Unauthorized Use
13.1 Indemnification. To the fullest extent permitted by applicable law, you hereby agree to indemnify and hold harmless Colgate from any and all damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) suffered or incurred by Colgate in connection with any claims that Colgate is required to pay to third parties to the extent such damages, settlement amounts, costs and expenses are attributable to your provision of User Content through the Service, including any actual or alleged infringement of third party intellectual property by such User Content.
13.2 Notification of Unauthorized Use. You shall promptly notify Colgate in writing upon your discovery of any unauthorized use or infringement of the Service, or the related documentation, or Colgate's intellectual property rights with respect thereto. Colgate shall have the sole and exclusive right to bring an infringement action or proceeding against any infringing third party and, in the event that Colgate brings such an action or proceeding, you shall cooperate and provide full information and assistance to Colgate and its counsel in connection with any such action or proceeding.
14. Term and Termination
14.1 Term. Your access to the Service shall begin on the date you register for the Service or access the Service and shall continue until terminated under the provisions of this Section 14.
15. Governing Law; Dispute Resolution; Waiver of Jury Trial and Class Actions
16.1 Export Compliance. The Service is subject to United States export control and economic sanctions laws and regulations, and may be subject to export, import or sanctions regulations in other countries. You agree to strictly comply with all such laws and regulations, including any U.S. embargo or other federal rules and regulations restricting exports. You further acknowledge that you have the responsibility to obtain authorization to export, re-export, transfer or import the Service or data on our Service, as may be required under U.S. law or the laws of other jurisdictions. You may not export, re-export, transfer or import the Service, or any software, data, or information available through the Service, in violation of United States export control laws and regulations, including but not limited to the U.S. Export Administration Regulations administered by the U.S. Department of Commerce and all economic sanctions regulations and laws administered by the U.S. Department of Treasury Office of Foreign Assets Control. You shall indemnify and hold harmless Colgate from and against any and all losses, claims and expenses incurred by Colgate as a result of the breach of your obligations under this Section.
16.11 Jurisdiction. The Services are controlled and operated by Colgate from the United States, and is not intended to subject Colgate to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.
17. Note To New Jersey Consumers
18. Copyright Infringement Claims
If you believe in good faith that material available on or through the Service, Apps or Sites infringes your copyright, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a mechanism for you (or your agent) to send to Colgate a written notice of such alleged infringement, requesting that Colgate remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA provides a mechanism for you to send to Colgate a counter-notice. Notices and counter-notices must meet the DMCA’s then-current statutory requirements. See https://www.copyright.gov for details. Notices and counter-notices must be sent in writing to Melanie Jennison, Chief Trademark Counsel, as follows: By mail to Melanie Jennison, Chief Trademark Counsel, Colgate-Palmolive Company, 300 Park Ave, New York, NY 10022; or by e-mail on https://www.colgatepalmolive.com/en-us/contact-us; or by phone at 1-800-468-6502.