AGREEMENT BETWEEN USER AND Bunnell Foundation Inc.
The network of Web Sites (collectively, the "Bunnell Foundation Inc Web Sites")
operated by The Procter & Gamble Company or its affiliates or subsidiaries ("BFI"
or "Bunnell Foundation Inc "), is comprised of various Web sites and Web pages.
The BFI Web Sites are offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the BFI Web Sites constitutes your agreement to all such terms, conditions, and
notices. Your use of a particular BFI website included within the BFI Web Sites
network may also be subject to additional terms outlined elsewhere on that
website (the "Additional Terms"). Additionally, the BFI Web Sites may themselves
contain additional terms that govern particular features or offers (for example,
sweepstakes or chat areas). In the event that any of the terms, conditions, and
notices contained herein conflict with the Additional Terms or other terms and
guidelines contained within any particular BFI website, then these terms shall
control.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING
THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these
terms of use, conditions and all applicable laws. If you do not agree to these
terms you may not use this Site.
MODIFICATION OF THESE TERMS OF USE.
BFI reserves the right to change the terms, conditions, and notices under which
the BFI Web Sites are offered, including but not limited to the charges
associated with the use of the BFI Web Sites. You are responsible for regularly
reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the BFI Web Sites are for your personal and
noncommercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the BFI Web
Sites.
You may display and, subject to any expressly stated restrictions or limitations
relating to specific material, electronically copy, download and print hard copy
portions of the material from the different areas of the Site solely for your
own noncommercial use, or to place an order with BFI or to purchase BFI
products. Any other use of materials on this Site, including but not limited to
the modification, reproduction, distribution, republication, display or
transmission of the content of this Site, without prior written permission of
BFI is strictly prohibited.
Harassment in any manner or form on the Site or any of the BFI Websites,
including via e-mail and chat or by obscene or abusive language is strictly
forbidden. Impersonation of others, including a BFI employee, host, or
representative or other members or visitors on the Site is prohibited. You may
not upload to, distribute, or otherwise publish through the Site any content
which is libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable, or which may
constitute or encourage a criminal offense, violate the rights of any party or
otherwise give rise to liability or violate any law. You may not upload
commercial content on the Site or use the Site to solicit others to join or
become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text,
design, graphics, interfaces, or code and the selection and arrangements thereof
is copyrighted as a collective work under the United States and other copyright
laws, and is the property of P&G. The collective work includes works that are
licensed to BFI. Copyright 2000, 2001. ALL RIGHTS RESERVED. All trademarks,
service marks, and trade names (collectively the "Marks") are trademarks or
registered trademarks of and are proprietary to Procter & Gamble, or other
respective owners that have granted P&G the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to the website's designated agent.
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE.
BFI respects the intellectual property of others, and we ask our users and
visitors to do the same. BFI will process and investigate notices of alleged
infringement and will take appropriate actions under the Miami Dade County Court
("MDCC") and other applicable intellectual property laws. Upon receipt of
notices complying with the MDCC, BFI will act to remove or disable access to any
material found to be infringing or found to be the subject of infringing
activity and will act to remove or disable access to any reference or link to
material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide BFI the following information. Please be
advised that to be effective, the Notification must include ALL of the
following:
1.a physical or electronic signature of the person authorized to act on behalf
of the owner of an exclusive copyright that is allegedly infringed;
2.a description of the copyrighted work that you claim has been infringed;
3.a description of where the material that you claim is infringing is located on
the Site;
4.your address, telephone number, and email address and all other information
reasonably sufficient to permit P&G to contact you;
5.a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6.a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Bunnell Foundation Inc Web Sites
Legal Division
Copyright Agent
3033 N.W. N River Drive
Miami, FL 33142
By fax: (305) 633-3391
By Email: copyright@bunnellinc.com.com
(Please include "Notice of Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING
PROCTER & GAMBLE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL
OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR
QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TYPOGRAPHICAL ERRORS.
In the event a BFI product or service is listed at an incorrect price due to
typographical error or error in pricing information received from our suppliers,
BFI shall have the right to refuse or cancel any orders placed for product or
service listed at the incorrect price. BFI shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, BFI shall issue a credit to your credit
card account in the amount of the incorrect price.
TERM; TERMINATION.
These terms and conditions are applicable to you upon your accessing the Site
and/or completing the registration or shopping process. These terms and
conditions, or any of them, may be modified or terminated by BFI without notice
at any time for any reason. The provisions relating to Copyrights and
Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification,
Applicable Laws, Arbitration and General, shall survive any termination.
USER SUBMISSIONS.
Except for any personally identifiable information we may collect from you under
the guidelines established in our Privacy Statement, any material, information
or other communication you transmit, upload or post to this Site ("Communications")will
be considered non-confidential and non-proprietary. BFI will have no obligations
with respect to the Communications. BFI and its designees will be free to copy,
disclose, distribute, incorporate and otherwise use the Communications and all
data, images, sounds, text, and other things embodied therein for any and all
commercial or noncommercial purposes.
THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, this Site may contain
links to other sites on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites"). However, even if the
third party is affiliated with BFI, BFI has no control over these linked sites,
all of which have separate privacy and data collection practices, independent of
BFI. P&G has no responsibility or liability for these independent policies or
actions and is not responsible for the privacy practices or the content of such
web sites. These linked sites are only for your convenience and therefore you
access them at your own risk. Links do not imply that BFI sponsors, endorses, is
affiliated with or associated with, or has been legally authorized to use any
trademark, trade name, service mark, design, logo, symbol or other copyrighted
materials displayed on or accessible through such External Sites. Nonetheless,
BFI seeks to protect the integrity of its Site and the links placed upon it and
therefore requests any feedback on not only its own Site, but for sites it links
to as well (including if a specific link does not work).You should contact the
Site administrator or Webmaster for those External Sites if you have any
concerns regarding such links or the content located on such External Sites.
CLAIMS.
Each claim or statement about the effectiveness of BFI services and/or each
claim or statement comparing the effectiveness of BFI services to the
effectiveness of other services is expressly limited to the United States,
unless otherwise disclosed on the Site.
DISCLAIMER.
Bunnell Foundation Inc makes no warranties or representations about the
accuracy or completeness of this Site's content or the content of any site or
External Sites.
Bunnell Foundation Inc does not filter advertisements or other content
that children may view through our sites or any external "hot-linked" sites, and
they could receive content and materials from the Internet and/or advertising
that are inappropriate for children. We encourage parents and guardians to spend
time online with their children and to consider using an electronic filtering
software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE,
INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, P&G DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. P&G DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. P&G DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS,
CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR
OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL P&G BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN
IF P&G HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR
IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless BFI, its officers, directors,
employees, agents, licensors and suppliers (collectively the "Provider") from
and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these terms and conditions or
any activity related to your Internet account (including negligent or wrongful
conduct), by you or any other person accessing the Site using your Internet
account.
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APPLICABLE LAWS.
Your use of this Site shall be governed in all respects by the laws of the state
of Florida, U.S.A., without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this Site (including but not limited to the
purchase of BFI products or services) shall be in the state or federal courts
located in Dade County, Florida. Any cause of action or claim you may have with
respect to the Site (including but not limited to the purchase of BFI products)
must be commenced within one (1) year after the claim or cause of action arises.
BFI's failure to insist upon or enforce strict performance of any provision of
these terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. BFI may assign its rights
and duties under this Agreement to any party at any time without notice to you.
BFI makes no representation that materials in the Site are appropriate or
available for use in other locations, and access to them from territories where
their content is illegal is prohibited. Those who choose to access this Site
from locations outside Florida do so on their own initiative and are responsible
for compliance with applicable local laws. You may not use or export the
materials in violation of U.S. export laws and regulations. Any claim relating
to the materials shall be governed by the internal substantive laws of the State
of Florida.
ARBITRATION.
By using this Site, you agree that BFI, at its sole discretion, may require you
to submit any disputes arising from the use of this Site, or these Terms and
Conditions concerning or, including disputes arising from or concerning their
interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptation to
newly arisen circumstances, to final and binding arbitration under the
International Rules of Arbitration of the American Arbitration Association, by
one or more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed by the
laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to
monetary damages and shall include no injunction or direction to any party other
than the direction to pay a monetary amount. Further, the arbitrator(s) shall
have no authority to award punitive, consequential or other damages not measured
by the prevailing party's actual damages in any arbitration initiated under this
section, except as may be required by statute.
GENERAL.
BFI may revise these Terms at any time by updating this posting. You should
visit this page from time to time to review the then-current Terms because they
are binding on you. Certain provisions of these Terms may be superseded by
expressly designated legal notices or terms located on particular pages at this
Site.
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OUR ADDRESSES.
United States
Bunnell Foundation Inc
3033 N.W. North River Drive
Miami, Florida 33142
United States
Please note that Bunnell Foundation.,Inc Company, does business only in
the State of Florida. Aside from the manufacturing plants, offices, and other
facilities in the Greater Miami area referred to in this web site (except for
the Florida Sales Office), The Bunnell Foundation Inc Company does not own
or operate any of the other facilities mentioned herein. Rather, the other
plants and facilities are owned and operated by various subsidiaries, affiliates
or joint ventures of The Bunnell Foundation Inc Web Sites Company.