Terms Of Use

UNILEVER UNITED STATES, INC.

ICECREAMSHOPUS.COM Terms of Use

We are so glad to bring your favorite ice cream to your door! But before you use this website and the Services, as defined below, for icecreamshopus.com please read through these “Terms of Use” carefully.  If you do not agree to these terms of use,  do not use this website.

1. Ownership and Operation
2. Agreement to Be Bound; Termination;
3. Use of the Service
4. Continuing Agreement
5. Payment, Fees, Cancellation, Returns and Refunds
6. Geographic Location of the Services
7. Ownership and Use of the Service and Site Materials
8. Downloaded Software
9. Mobile Devices
10. Privacy
11. User Code of Conduct
12. User Submissions
13. Voting/Rating/Review Features and Feedback
14. Contests/Sweepstakes
15. Geographic Scope of Site
16. Links to Other Sites/Social Media Sites
17. DELIVERY PROVIDERS/CONTENTS OF THIS SERVICE - DISCLAIMER
18. OPERATION OF THIS SERVICE - DISCLAIMER
19. LIMITATION OF LIABILITY
20. Limitations as to Paragraphs 17, 18 and 19
21. Indemnification
22. Copyright Agent
23. Applicable Law; Jurisdiction
24. Severability
25. No Waiver
26. No Legal Effect
27. BINDING ARBITRATION

PLEASE READ CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A CONTRACT BETWEEN YOU AND CONOPCO, INC. DBA UNILEVER (“UNILEVER”). THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND UNILEVER. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN THE "BINDING ARBITRATION" SECTION.  UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.  EXERCISING YOUR RIGHT TO OPT-OUT OF ARBITRATION WILL NOT IMPACT YOUR ABILITY TO CONTINUE USING THE WEBSITE AND THE SERVICES.

 

1. Ownership and Operation

We are glad to bring ice cream to your door.  This website, icecreamshopus.com, related mobile, smartphone and tablet applications and its related services, products and applications (collectively, this "Service(s)") is operated and provided by Unilever United States and its subsidiaries and affiliates("Unilever" "we", “our”, or “us”),. For more information on the Unilever companies and their product brands, click here. Unilever may, in its sole discretion and at any time, modify, suspend or discontinue this Service, certain products or specific portions of it.

2. Agreement to Be Bound; Termination

This Terms of Use and your access to and use of this Service constitutes your agreement with Unilever to be bound by, and to act in accordance with, these Terms of Use. From time to time, Unilever may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature only. As used in this Terms of Use, you means any user, visitor or person who accesses the Services, as defined below.  These Services are made available for your personal, noncommercial use only.  These Services are not for resale. 

You may terminate your use of this Service at any time. Unilever may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Use as determined by Unilever in its sole discretion, or (ii) for any other reason in Unilever's sole discretion. Unilever may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to Unilever upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined below) downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that Unilever shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.

3. Use of the Service

You agreed in order to use this Service to authorize us to send you service related emails, texts (see Mobile Devices section below) or push notifications regarding the Service or and optionally newsletters, marketing, or promotional materials relating thereto. You may opt-out of emails by clicking on the “unsubscribe” link in each email or by emailing privacy,policy@unilever.com.  You may opt-out of push notifications by changing your preferences on your device.

The Services is only intended to be accessed and used by individuals that are 18 years of age or older. If you are below the age of 18, then your parent or legal guardian must read and accept the terms and conditions of these Terms of Use on your behalf. If you become aware of anyone using the Services who is under the age of 13, please report this to: [Insert applicable web address]. We do not knowingly collect information from anyone under the age of 13. We may, in our sole discretion, refuse to offer the platform to any person or entity for any reason. 

4. Continuing Agreement

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, "Applicable Laws"), your use of the Service reaffirms your continuing agreement to the then-current Terms of Use.

5. Payment, Fees, Cancellation, Returns and Refunds.

Price , Payment and Fees.   

You understand and agree that your purchase price will be determined by your location and the product that you choose based on other factors such a demand for a particular product, costs for delivery and other events. There may be a change in price from your initial search to the check out price.  Unilever reserves the right to modify the price of its products prior to checkout as determined in its sole discretion.  Your final price will be shown at checkout and when paid by you all payments for Service are final. 

When you place your order for the Service, we will charge and you authorize us to charge the payment method provided by you at check out for the total amount of your order and any related taxes and fees.  There are no gratuities when you order directly from us.  You are responsible for any and all taxes and transaction fees related to your purchase. 

Cancellations, Returns and Refunds. Charges paid by you on completed and/or delivered orders are final and nonrefundable  There are no cancellations, refunds and returns.   Unilever has no obligation to provide refunds or credits, but may provide a refund as determined in its sole discretion.  You will be responsible for all charges on completed orders. 

6. Geographic Location of Service.

The Service is currently available in certain locations where we advertise to you.  We hope to expand these locations other areas soon.  You will not be able to purchase ice cream if the Service is not available in your area.

7. Ownership and Use of the Service and Site Materials

All right, title and interest in and to this Service, including all text, designs, images, videos, feedback about the service, graphics, Software and all other content and materials on the Service (collectively, "Materials"), are owned by Unilever and its licensors. Unilever also owns or has a right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, "Trademarks").

Unilever grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. Unilever may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the Materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Unilever in its sole discretion.

Any modification of the Materials or use of the Materials for any other purpose is a violation of Unilever's or its licensors' copyright and other proprietary rights. The use of any such Materials on any other service or computer network without Unilever's written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by Unilever, is strictly prohibited. All rights not expressly granted to you are reserved by Unilever or its licensors.

8. Downloaded Software

From time to time Unilever may make available as part of the Materials on this Service particular software including files, images and data relating to the software (the "Software"). You do not own the downloaded software, and Unilever does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these Terms of Use. Unilever retains full ownership of and title to the downloaded Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through this Service is subject to United States export control laws. If you download Software from this Service, you represent and warrant to Unilever that you are not acting in violation of those laws.

9. Mobile Devices

If permitted or available through the Service, to (i) upload content to the Service via your mobile device and/or tablet, (ii) receive and reply to messages, or to access or make posts using text messaging, (iii) browse the Service from your mobile device and/or (iv) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which Unilever makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device).  In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and Unilever will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.

10. Privacy

For information on how Unilever uses and protects the personal information you may provide on this Service, please read the Unilever USA Privacy Policy at: https://secure.unileverus.com/privacy/policy.html. The Privacy Policy is incorporated into these Terms of Use and explains Unilever's privacy practices. By using the Service, you agree to the terms of the Privacy Policy.

11. User Code of Conduct

In using or accessing this Service, you agree, without limitation:

• not to use this Service in breach of these Terms of Use;
• not to use this Service for commercial purposes;
• not to "spam" others or "phish" for others' personal information;
• not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
• not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;
• not to use, frame or utilize framing techniques to enclose any part of this Service without Unilever's express prior written consent;
• not to use meta tags or any other "hidden text" utilizing any Trademark without Unilever's express prior written consent;
• not to "deeplink" to this Service without Unilever's express prior written consent;
• not to create or use a false identity on this Service;
• not to collect or store personal data about others;
• not to monitor, scrape, index or otherwise copy any materials on the Service by any means including a robot, spider, or other automatic device, process or means, regardless of whether such use could be considered a fair use defense under United States copyright law;
• not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access;
• not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
• not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use;
• not to use the features of this Service at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Use. Such restricted web sites shall include, without limitation, blogs and other online publications; and
• not to use this Service in breach of any Third Party Site's (as defined below) terms and conditions.

In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of Unilever.

You agree to immediately notify Unilever if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use. If you so notify Unilever, or we otherwise suspect such activity, you agree to cooperate with Unilever in any investigation and to use any prevention measures we prescribe.

12. User Submissions

Certain portions of the Service may permit you to submit post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, music, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.

In connection with User Submissions, you agree that you will not submit User Submissions that:

• include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
• include any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
• are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
• contain advertisements or solicitations of any funds, goods or services;
• is a communication by a user impersonating another user or any other person;
• contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
• could be considered bulk unsolicited communications.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to Unilever through this Service, whether solicited or unsolicited, you agree that you are granting Unilever, its third-party service providers who provide the Service ,in whole or in part, marketing and advertising partners, and retail partners (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.

No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.

By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.

You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. Unilever also reserve the right to terminate your access to the Service if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that Unilever does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.

If you are aware of any User Submissions on this Service which violate these Terms of Use, please contact us by visiting http://www.unileverusa.com/resource/contact/default.aspx and filling out the contact form, or by calling 866-204-9750, or writing to us at Unilever Consumer Services 920 Sylvan Avenue, 2nd Floor, Englewood Cliffs, NJ 07632. Please provide as much detail as possible, including a copy of the underlying material, the location where Unilever may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; Unilever will only remove User Submissions if Unilever believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Agent." In no event does Unilever assume any liability for failing to either monitor or remove specific User Submissions.

Unilever will fully cooperate with any law enforcement authorities or court order requesting or directing Unilever to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. Unilever may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Unilever, its customers or the public.

13. Voting/Rating/Reviews Features and Feedback

To the extent that you are asked to voluntarily participate in any voting/rating features that are available on this Service, you must follow instructions on this Service to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Unilever assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. Unilever may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. Unilever reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Terms of Use, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Unilever's decisions with respect to all aspects of any voting/rating element are final and binding, including, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.

If you are asked to provide any reviews of our Service, these reviews shall be considered as User Submissions.  You agree that you will base any reviews (i) on your personal first-hand experience with the Service: (ii) you are not a Unilever or a related entity or affiliate employee for this Service or a competitor’s employee; and (iii) any review that you submit complies with the Federal Trade Commission’s Guidelines on the Use of Endorsements and Testimonials and these Terms of Use.  We may remove any reviews which we reasonably believe may violate the terms of these Terms of Use.

If you provide us with any reviews, feedback, suggestions, data, or other information or content about the Service or otherwise in connection with these Terms of Use or your participation in the Service (collectively, “Feedback”), you irrevocably assign to us all right, title, and interest in and to Feedback.

14. Contests/Sweepstakes

Any sweepstakes, contests, games and/or promotional offers accessible on this Service are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on this Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Service (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

15. Geographic Scope of Site

Unilever controls and operates this Service from within the United States of America. Unless otherwise specified on or by this Service, this Service is intended to promote only those Unilever products that are sold by Unilever in the United States and its territories and possessions, and Unilever makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.

16. Links to Other Sites and Social Media Sites

For your convenience and enjoyment, this Service may provide links to other third party web sites on the World Wide Web that are not operated by Unilever ("Third Party Site"). Unilever has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Unilever may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Unilever to, or an endorsement by Unilever of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Unilever is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, Unilever is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.

If you determine to share any information about any Unilever products through a social networking platform, such as Facebook, Instagram, You Tube or Twitter, including through links or plug ins provided by Unilever through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by Unilever, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social networking platform.  You operate on such platforms at your own risk.

17. DELIVERY PARTNERS/CONTENTS OF THIS SERVICE – DISCLAIMER

This Service is a virtual ice cream marketplace that allows ice cream to be delivered to your door.  YOU agree when ordering that the entire risk of the service and products remains with you,  When you order the service to be delivered you agree, acknowledge and understand that Unilever uses third parties and contractors (“Delivery Partners”) for its Service.  We require these third parties and contractors to comply with all applicable local, state and federal laws, but we are not responsible or liable for these third parties’ and contractors actions, inactions, errors, misrepresentations or mistakes.  By using our Service, you agree, acknowledge and understand that we have no liability or responsibility for our delivery partners and that these Delivery Partners are solely responsible for the delivery service to you. 

THE MATERIALS IN THIS SERVICE (INCLUDING ANY PRODUCT, ICE CREAM, GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED "AS IS" AND "AS-AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNILEVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNILEVER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, FOOD QUALITY, NUTRITIONAL VALUE, AVAILABILITY, ALLERGEN INFORMATION,  OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. UNILEVER UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. UNILEVER IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND UNILEVER DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, UNILEVER CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SERVICE, UNILEVER IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF UNILEVER OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.

18. OPERATION OF THIS SERVICE - DISCLAIMER

UNILEVER ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, UNILEVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. UNILEVER MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT UNILEVER) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.

19. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL UNILEVER, ITS PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, SERVICE PROVIDERS AND MARKETING AND ADVERTISING PARTNERS,  AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "UNILEVER PARTIES") BE LIABLE FOR ANY DAMAGES OR INJURY TO PERSON OR PROPERTY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE. THE UNILEVER PARTIES SHALL NOT BE LIABLE EVEN IF UNILEVER OR A UNILEVER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE SERVICES AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

20. Limitations as to Paragraphs 17, 18 and 19

Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Unilever Parties' total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service.

21. Indemnification

You hereby agree to defend, indemnify and hold the Unilever Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Submissions, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.

22. Copyright Agent

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. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located, with enough detail that we may find it;

(iv) your address, telephone number, and email address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

(vi a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA 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 or other intellectual property infringement can be reached as follows:

Attn:  Gregory P. Gulia
Cozen O’Connor
3WTC
175 Greenwich Street
55th Floor
New York, NY 10007
Phone +1 (212) 509-9400
Toll Free +1 (800) 437-7040
Fax (212) 509-9492
ggulia@cozen.com

We suggest that you consult your legal advisor before filing a notice with our copyright agent.

We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.

23. Applicable Law; Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the State of New York, without reference to its conflicts of law principles.

24. Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

25. No Waiver

No failure on the part of Unilever to enforce any part of these Terms of Use shall constitute a waiver of any of Unilever's rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Unilever nor the reliance of any person on Unilever's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Unilever shall have any legal effect whatsoever.

26. No Legal Effect

The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. To return to the site you were visiting, press the back button on your browse

27. Binding Arbitration

DISPUTES/BINDING INDIVIDUAL ARBITRATION

Purpose.  The term "Dispute" means any dispute, claim, or controversy between you and Unilever relating in any way to your use of the Services or your purchase of any products or Services sold or distributed through the website or these Terms of Use,  incidents or injuries resulting in personal injury to you or anyone else that you allege arose from the use of the Services, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Unilever that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and Unilever agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury and prevents you from bringing a class action.

EXCLUSIONS FROM ARBITRATION.  YOU AND UNILEVER AGREE THAT ANY CLAIMS FILED BY YOU OR UNILEVER IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.

Notice of Dispute.  IF YOU HAVE A DISPUTE WITH UNILEVER, YOU MUST SEND WRITTEN NOTICE TO THE ADDRESS SET FORTH BELOW, TO GIVE UNILEVER THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If Unilever does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or Unilever may pursue your claim in arbitration in accordance with  the terms in this section.

Right to Opt-out of Arbitration.

Important: Arbitration is not a mandatory condition of your contractual relationship with us. If you do not want to be subject to this arbitration provision, you may opt out of this arbitration provision by providing us with written notice (“Arbitration Opt-out Notice”) by email at legalnotices.us@unilever.com or by regular mail to Conopco, Inc. d/b/a Unilever, 700 Sylvan Avenue, Englewood Cliffs, NJ 07632, Attn:  General Counsel, within thirty (30) calendar days following the date you first accept these Terms of Use or if you have not registered for an account, then within thirty (30) calendar days following the date you first use the website. If you do not provide us with an Arbitration Opt-out Notice within the aforementioned thirty (30) calendar day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as for small claims actions. The exclusive jurisdiction and venue of any small claims actions or, if you timely provide us with an Arbitration Opt-out Notice, will be the appropriate state and federal courts located in the State of New York, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS.

Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in these terms on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the State of New York. All other claims will be arbitrated. This "BINDING INDIVIDUAL ARBITRATION" section will survive any termination of these Terms.

Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND UNILEVER SPECIFICALLY AGREE TO PROCEED IN A CLASS ACTION, IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.  THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.

Governing law; jurisdiction; waiver of jury trial:  This Agreement shall be governed by and construed in accordance with the laws of the State of New York for agreements made and to be wholly performed within such state. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION. THE PARTIES HERETO HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE PURSUANT TO THESE TERMS.

Initiation of Arbitration Proceeding/Selection of Arbitrator.  If you or Unilever elect to resolve your Dispute through Arbitration, the party initiating the Arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com.  The terms of this section govern in the event they conflict with the rules of the Arbitration organization selected by the parties.

Arbitration Procedures.  Because the Service provided to you by Unilever may concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of Arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Unilever, if the arbitrator finds that you are the prevailing party in the Arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Unilever or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration.  You or Unilever may initiate Arbitration in either New York, NY. In the event that you select the county of your United States residence, Unilever may transfer the Arbitration to Los Angeles County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

Severability.  If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the entire section will be unenforceable, and the Dispute will be decided by a court and you and Unilever each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

Continuation.  This section survives any termination of these Terms of Use or the provision of  Services to you.

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Last Updated: 10/12/2022

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