PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. By using this Web site (“Site”), you agree to all terms, conditions, and notices contained or referenced in this User Agreement (“Agreement”). If you do not agree with the terms, conditions and notices (collectively, “Terms”), please do not use the Site.
Kimberly-Clark (referred to as “K-C,” “we,” “us” or “our”) reserves the right at its discretion to change, modify, add or remove portions of the Terms at any time. Please check the Terms periodically for changes. Your continued use of MyKleenexTissue.com following the posting of changes to the Terms, including the MyKleenexTissue.com Privacy Notice will mean you accept those changes. A COPY OF THESE TERMS AND CONDITIONS OF USE MAY BE DOWNLOADED, STORED OR PRINTED.
RESTRICTIONS ON USE OF MATERIAL
This Site is owned and operated by K-C. No material from the Site or any other web site owned, operated, licensed, or controlled by K-C may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of K-C's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other web site, online service or other service is prohibited. All trademarks, service marks and trade names are the property of Kimberly-Clark Corporation or its affiliates.
K-C shall have the right but not the obligation in their sole discretion to reject any photos or text(“Content”) submitted by you in your order for a Kleenex® Oval Tissue Carton. Upon placing your order, you acknowledge that K-C may review your order and the Content for adherence to K-C guidelines and compliance with the Terms hereof. K-C and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to K-C. You agree that you bear all risks associated with the use of any Content. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither K-C nor any other party involved with the production of the Oval Tissue Carton(s) assumes that responsibility. K-C production of the Carton(s) depicting your Content does not indicate K-C approval of the Content, that it obeys all applicable laws or that you are absolved of any liability or harm arising from the use of the Content.
All applicable federal, state and local laws govern user access to the Site. The Site is controlled and operated by K-C in the U.S., and K-C makes no representation that materials on the Site are appropriate or available for use outside of the U.S. Those who choose to access the Site from outside the U.S. do so on their own initiative and are responsible for compliance with any applicable law. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from any and all K-C web site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from K-C if in K-C's sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from the Site and any and all other K-C web site(s) and all copies thereof, whether made under this Agreement or otherwise.
You agree that K-C, in its sole discretion, may terminate your registration to the Site (or any part thereof) or use of the Site or any portion of it and remove and discard any Submissions, for any reason, without limitation, including if K-C believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement, including the Privacy Notice. K-C may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that K-C may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that K-C shall not be liable to you or any third-party for any termination of your access to the Web Site.
In order to fulfill your purchase it is necessary for you to create a user account. This account allows you to store your design until it can be manufactured for you. If, after you have received your purchase, you would like to not have an account saved securely on our site, you can contact us to have your account and all its contents deleted.
ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, K-C DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. K-C DOES NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. K-C DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEB SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT K-C) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
K-C explicitly disclaims any responsibility for the accuracy, content, or availability of information found on web sites that link to or from www.MyKleenexTissue.com. K-C encourages discretion when browsing the Internet using K-C’s or anyone else's service. Because some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive, K-C cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites; and you hereby irrevocably waive any claim against K-C with respect to such sites.
K-C cannot ensure that you will be satisfied with any products or services that you purchase from a third-party web site that links to or from the MyKleenexTissue.com web site, since other web sites are owned and operated by independent third parties. K-C does not endorse any of the merchandise, nor has K-C taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party web sites. K-C does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party, and you hereby irrevocably waive any claim against us with respect to such web sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL K-C OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF K-C OR A K-C AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY MATERIALS IN THIS WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL K-C TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY K-C PRODUCT.
Upon a request by K-C, you agree to defend, indemnify, and hold harmless K-C and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site or from your breach of these Terms. K-C reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with K-C in asserting any available defenses.
NOTICE AND PROCEDURE 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 K-C's Copyright Agent listed below. KC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. an identification or description of the copyrighted work that you claim has been infringed;
3. an identification or description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
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 the copyright owner's behalf. K-C's Copyright Agent for Notice of claims of copyright infringement on the Site is the Chief Trademark Counsel, who can be reached as follows:
Chief Trademark Counsel
c/o Kimberly-Clark Corporation
401 North Lake Street
Neenah, WI 54956
If you have any questions please Contact Us
These terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Wisconsin, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and may be modified by K-C at any time.