1. The Bain de Soleil® website (the "Site") is sponsored by Bayer, and/or its affiliates ("BAYER"). Access to and use of the Site is subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. Bayer reserves the right to change these terms and conditions from time to time by updating this posting.
The terms and conditions of this User Agreement solely govern access to and use of the Site. They do not relate to the purchase of any product displayed on the Site. As such, the terms and conditions of this User Agreement do not constitute, in whole or in part, the terms and conditions of an offer to a consumer relating to the purchase of any product described or displayed on the Site and do not form a consumer contract or constitute a consumer warranty, notice or sign relating to the purchase of any such product.
2. The materials used and displayed on the Site, including, but not limited to text, software, photographs, graphics, illustrations, and artwork, video, music, and sound, and names, logos, trademarks and service marks, except where noted, are the property of Bayer, or its licensors and are protected by copyright, trademark, and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written permission of Bayer. Bayer. will use reasonable efforts to include accurate and up-to-date information on this Site, but makes no warranties or representations as to its accuracy. This Site and its contents are designed to comply with U.S. laws and regulations.
3. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
4. TO THE EXTENT PERMITTED BY LAW, NEITHER BAYER NOR ANY OF ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVE OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THIS SITE.
5. Communications or material transmitted to Dr. Scholl's Online via the Internet are subject to interception or alteration by third parties. Although Dr. Scholl's Online will treat your information as confidential, we cannot guarantee absolute confidentiality.
6. BAYER IS IN NO WAY RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT IS POSTED, UPLOADED, CREATED ON, SHARED THROUGH, OR THAT OTHERWISE EXISTS ON ANY WEB PRESENCE OF BAYER INC. TO WHICH THESE TERMS APPLY. BAYER HAS NO LIABILITY TO YOU OR ANY OTHER PARTY FOR THE EXISTENCE OF OR THE TAKING DOWN OF ANY SUCH THIRD PARTY CONTENT. THIRD PARTY CONTENT DOES NOT REFLECT THE OPINIONS, BELIEFS, STATEMENTS, OR ACTIONS OF BAYER, AND BAYER SPECIFICALLY DISCLAIMS ALL LIABILITY STEMMING THEREFROM.
7. Bayer respects the intellectual property of others. If any content uploaded to this Site infringes upon your proprietary copyrights, you may send us a notice as described in Section 512(c)(2) of the United States Copyright Code. This process applies only to copyright issues. Other issues (e.g., impersonation, violations of someone's right of publicity, etc.), should be brought to our attention by contacting Bayer, Attn: Consumer Relations, 100 Bayer Boulevard, Whippany, NJ 07981-0915, email@example.com
(a) What Must the Notice Contain?
All notices of claimed copyright infringement must contain the following:
AN INCOMPLETE NOTICE WILL NOT RECEIVE A RESPONSE FROM US, SO PLEASE MAKE SURE THE NOTICE IS COMPLETE AND ACCURATE.
(b) Where Should I Send My Notice?
Notices of claimed copyright infringement should be directed to:
Bayer DMCA Agent: c/o Bayer, Attn: Consumer Relations, 100 Bayer Boulevard, Whippany, NJ 07981-0915, firstname.lastname@example.org
All information you provide to our copyright agent will be used exclusively for the claimed infringement notice and response procedure, and will only be shared with other parties to the extent that the sharing is required to process the notice according to these Terms and Conditions. PLEASE NOTE: all other inquiries and communications, such as product or service questions, privacy inquiries, etc., will not receive a response if sent to the Bayer DMCA Agent.
(c) What If My Content Was Subject to a Take-Down?
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed content or cease disabling it in 10 business days. The removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion, unless the original complaining party seeks a court order to stop the replacing/restoring of the content.
We suggest that you consult your legal advisor before filing a notice pursuant to this section.
We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Site or making submissions.
8. Bayer is not responsible for the content of any third-party sites that may be accessed through links on the Site. Any such links are provided for your convenience only. If you choose to click on any such links, you acknowledge and agree that you, not Bayer, are displaying its contents and you access such linked sites at your own risk. Any site accessed from the Site is independent from Bayer and is not under the control of Bayer. Accordingly, Bayer makes no representations concerning the accuracy, content or operation of such site and the provision of any link to such site is not an endorsement, authorization, sponsorship, affiliation or adoption of content by reference by Bayer. Bayer is not a party to any agreement you become a party to or may become subject to as a result of your access of such third-party site.
9. This User Agreement and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of New Jersey.