The Web Sites, Mobile Applications and the Airia Device (“Device”) for Airia (collectively, the "Services,” or “Service”) operated by The Procter & Gamble Company or its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents ("P&G," "Procter & Gamble," “us,” “our” or “we”) is governed by the terms, conditions and notices contained herein (collectively, “Terms”). In addition, particular features and activities offered through the Services (such as promotions and chat rooms) may also be subject to additional terms outlined therein ("Additional Terms"), all of which are incorporated herein by reference. If any of the Terms contained herein conflict with the Additional Terms, then the Additional Terms control.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SERVICE. The Service is offered to you (the “User”, “you” or “your”) conditioned on your acceptance without modification of the Terms and the applicable Privacy Statement. By accessing or using the Service, you agree to these Terms and the applicable Privacy Statement. If you do not agree to these Terms, do not use the Service.
PLEASE NOTE THAT THESE TERMS MAY REQUIRE YOU TO SUBMIT DISPUTES TO ARBITRATION AND REQUIRE THAT DISPUTES BE RESOLVED ONLY IN A FORUM IN HAMILTON COUNTY, OHIO. Please review the Applicable Laws and Disputes section of these Terms for complete details.
Your participation is completely voluntary. You represent and warrant that all information you submit is truthful and accurate. You agree to maintain the accuracy of such information. You further represent and warrant that you are eighteen (18) years of age or older and have the capacity to enter into a binding contract. Your use of the Service shall not violate any applicable local, state, federal, or international laws or regulations. The Service is only available to individuals who are legal residents of the fifty (50) United States and the District of Columbia.
Use of the Service is also subject to the P&G Consumer Privacy Statement (“Privacy Statement”). If the Service has additional, separate privacy provisions (“Additional Privacy Provisions”), then use of the Service is subject to those Additional Privacy Provisions. The P&G Consumer Privacy Statement and Additional Privacy Provisions are each a “Privacy Statement.”
The Service may collect information you provide when you download and register. The Service may collect certain information automatically. This information includes but is not limited to the type of mobile device you use, your unique device ID (UDID), your IP address, your operating system and information about how you use the Service.
Personal Use of Service
Unless otherwise specified, the Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on or through the Service (“Content”), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations of the Service relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use, or to place an order with us. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited.
You agree not to collect and/or use any product descriptions, images, listings or prices except for your own personal noncommercial use or to place an order with us.
You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or use or access to the Service, including without limitation any “scraping” or using any robot, spider or other automated means. Running or displaying this Service or any information or material displayed through the Service in frames, via “in-line” linking or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Service must comply with all applicable laws, rule and regulations. You may not use any meta-tags or other “hidden text” utilizing P&G’s name or any of P&G’s trademarks, or those of any manufacturer of products featured in the Service, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Service or any activities conducted on or through the Service; or (c) bypass any measures we may use to prevent or restrict access to the Service.
These Terms govern your conduct, your rights, and P&G’s rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you make associated with the Service (“Submission”). When you submit a Submission, you agree to the following:
If your Submission is related in any way to a promotion, sweepstakes, contest, giveaway, or similar program, Additional Terms may apply. Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available through the Service are those of the respective author(s) or distributor(s) and not of P&G. We neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission.
P&G does not and cannot review all Submissions posted to or created by users accessing the Service and is not in any manner responsible for the content of these Submissions. You acknowledge that by providing you with the ability to view and distribute Submissions through the Service, P&G is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Submissions or activities through the Service. P&G will have no obligation to post or use any Submissions. P&G reserves the right to block or remove Submissions and/or Users that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to P&G at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by P&G in accordance with P&G’s Privacy Statement.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any Submission will be considered non-confidential and non-proprietary. P&G will have no obligations with respect to the Submissions.
By submitting a Submission, you grant each of the following to P&G:
You also agree to waive any applicable moral rights as contained in Your Submissions for any of the proposed uses listed above.
By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, P&G and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Content embodied in such Submission or the exploitation of any of the P&G's rights as noted above.
You understand that P&G is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms.
P&G does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you, not P&G, are responsible for the contents of any Submissions.
Code of Conduct
By accessing or using the Service or any other feature provided through the Service, including but not limited to, when submitting a Submission, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
P&G cannot and does not assure that other Users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
The Service may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to browse Web sites from your mobile device, upload content to the Service, receive messages from the Service, download applications to your mobile phone or access Service features (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access, download and use of the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Mobile Features available. You shall provide all equipment and software necessary to connect to the Mobile Features, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Service.
You agree that the Mobile Features for which you are registered may send communications to Your mobile device regarding P&G or other parties. As applicable, instructions on how to opt-out of certain Mobile Features will be disclosed in connection with those Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature. Further, we may collect information related to your use of the Mobile Features.
The Mobile Features can be downloaded on certain mobile devices. P&G will not be liable for any delays in the receipt of any Submissions, as delivery is subject to effective transmission from your network operator.
P&G does not warrant that the functions or features of the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. P&G does not make any representations or warranties regarding the use of the Service in terms of its correctness, accuracy, reliability, or otherwise. Interruptions of the Service will occur from time-to-time for many reasons, such as outages and/or periodic maintenance being performed. You understand and agree that the usage of the Service is at your own discretion and risk. You will be solely responsible for any damages or loss of data that results from such use.
We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic Updates. If you do not want such Updates, your remedy is to terminate your account and stop using the Service. If you do not terminate a previously created account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service and you agree to promptly install any Updates we provide. Your continued use of the Service is your agreement to these Terms with respect to the Service.
The Service may contain or be distributed with open source software which may be covered by a different license. You agree that all open source software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms.
FCC Compliance Notice
This Device has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and radiates radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If the Device does cause harmful interference to radio or television reception, which can be determined by turning the Device off and on, the User is encouraged to try to correct the interference by one or more of the following measures:
RF Exposure Information
This Device complies with FCC radiation exposure limits set forth for an uncontrolled environment. In order to avoid the possibility of exceeding the FCC radio frequency exposure limits, human proximity to the antenna shall not be less than 20cm during normal operation
The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). Even if the third party is affiliated with P&G, P&G has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of P&G. P&G has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such External Sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that P&G 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.
If you determine to share any information about any P&G products through a social network platform, including through links provided by P&G 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 you 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 P&G, 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 network platform. You expressly acknowledge and agree that we in no way are responsible or liable for any such External Sites or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third party services and such services may interact with, connect to or gather and/or pull information from and to your Service profile. By using such services, you acknowledge and agree to the following: (i) if you use a third party service to share information, you are consenting to information about your profile in the Service being shared; (ii) your use of the third party service may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of the third party service is at your own option and risk, and you will hold us harmless for activity related to that third party service.
Contents of the Service – Disclaimer
The materials used in the Service (including any graphics, software, recommendations or other materials) and any materials made available through the Service are provided “as is” and without warranties of any kind, either 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, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. P&G does not warrant or make any representations regarding the use or the results of the use of the materials in the Service in terms of its correctness, accuracy, reliability, or otherwise. The materials in the Service could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. P&G undertakes no obligation to verify or maintain the accuracy of such information. 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.
Operation of the Service – Disclaimer
P&G endeavors to maintain the Service and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Service or its operation. As to the operation of the Service, P&G 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 and non-infringement. P&G makes no warranty that (i) the operation of the Service will meet the user’s requirements; (ii) access to the 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 the Service will be accurate or reliable; or (iv) defects will be corrected. You (and not P&G) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of using the Service. 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.
You use the Device at your own discretion and risk. You will be solely responsible for (and P&G disclaims) any and all loss, liability or damages resulting from your use of the Device, including damage or loss to your HVAC system, plumbing, home, Device, other peripherals connected to the Device, computer, mobile device, and all other items and pets in your home.
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, PRODUCTS, AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If the foregoing limitation of liability is held to be unenforceable, the maximum liability to you shall not exceed the amount paid by you for the Service. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Terms. If the law applies to you and your use of the Service does not permit the waiver by you of any rights or remedies, these Terms do not require you to waive any of such rights.
You agree to indemnify, defend, and hold harmless P&G, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages (actual and consequential) and costs, including reasonable attorneys' fees, resulting from any violation by you of the Terms, your use of the Service (including negligent or wrongful conduct) and/or the use of the Service by any other person using your Device or account.
Applicable Law and Disputes
To the extent permitted by law, the Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Ohio, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Service (including the purchase of the Device or P&G products via the Service) shall be resolved exclusively in the state or federal courts located in Hamilton County, Ohio. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
The foregoing notwithstanding, you agree that P&G, at its sole discretion, may require you to submit any disputes directly or indirectly arising out of or relating to the Terms or the Service exclusively to final and binding arbitration taking place in Cincinnati, Ohio under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of Ohio, U.S.A. Any award in any arbitration initiated hereunder 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.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Service (including the purchase of the Device or P&G products via the Service) must be commenced within one (1) year after the claim or cause of action arises.
Geographic Scope of Service and Product Claims
P&G controls and operates the Service from within the United States of America. Each claim or statement about the effectiveness of the P&G products and/or each claim or statement comparing the effectiveness of P&G products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed through the Service. Unless otherwise specified in or by the Service, the Service is intended to promote only those P&G products that are sold by P&G in the United States and its territories, and P&G makes no representation that materials in the Service or the products described therein are appropriate or available for use in other locations.
P&G makes no representation that the Content of the Service is appropriate or available for use in locations outside of the United States of America. Access to the Service from territories where the Content is illegal is prohibited. Those who choose to use the Service from locations outside Ohio do so at their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
Copyrights and Trademarks
All Content included in this Service, 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 P&G. Copyright 2000—2016. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to P&G, or other respective owners that have granted P&G the right and license to use such Marks.
If you download software from the Service, the software and all files, images and data relating to the software (collectively, “Software”) will be licensed to you by P&G. You do not own the downloaded software, and P&G does not transfer ownership of the Software to you. P&G retains full ownership of, and title to, the downloaded Software and all intellectual property rights 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 from the Site is subject to United States export control laws. If you download Software from the Service, you represent and warrant to P&G that you are not acting in violation of those laws.
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 Service’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
P&G respects the intellectual property of others, and we ask you to do the same. P&G will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, P&G 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 P&G the following information. Please be advised that to be effective, your notice must include ALL of the following:
Notices of claimed copyright infringement should be directed to:
The Procter & Gamble Company
1 Procter & Gamble Plaza
Cincinnati, OH 45202
(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, DEVICE OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Modification of Terms
From time to time, P&G may change these Terms. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Terms. Your continued use of the Service following the posting of changes to the Terms indicates your acceptance of those revisions.
The Service offers you the opportunity to purchase products and manage purchases. The Airia Store Policy (Insert Link) apply to your use of the Service for residents of the 50 states of the United States of America and the District of Colombia to purchase products and manage purchases. By using the Service, you agree to the Airia Store Policy where applicable.
Violation of Terms
In addition to any legal remedies that P&G may have for your violation of these Terms, your failure to follow these Terms, whether listed in these Terms or communicated on or through the Service, may result in suspension or termination of your access to the Service without notice.
No failure on the part of P&G to enforce any part of the Terms shall constitute a waiver of any of P&G’s rights under the Terms whether for part or future actions on the part of any person. Neither the receipt of any funds by P&G nor the reliance of any person on P&G’s actions shall be deemed to constitute a waiver of any part of the Terms. Only a specific, written waiver signed by an authorized representative of P&G shall have any legal effect whatsoever.
Relationship of the Parties
The contributions provided by you are not to be considered as representative of the views of P&G or any of its subsidiaries or affiliates. In addition, no confidential or other relationship, fiduciary or otherwise, exists between you and P&G.
When you use the Service or send e-mails to us, you are communicating with us electronically. We may in our discretion communicate with you electronically, including but not limited to, by posting notices through the Service or by responding to your e-mail. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The paragraph headings in these Terms are only for convenience and have no legal effect.
If any section or sections of these Terms are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, such holding shall not in any way affect the enforceability of the remaining sections.
If these Terms do not address your question, or if you would like to report a violation of our Code of Conduct, please contact us as follows:
The Procter & Gamble Company
One Procter & Gamble Plaza
Cincinnati, Ohio 45202
Please go to www.pg.com and click the “Contact Us” link at the bottom of the page.
IF YOU DO NOT AGREE TO THE ABOVE TERMS OF SERVICE, DO NOT VIEW, DOWNLOAD OR USE THE SERVICE.
Copyright 2019 P&G. All rights reserved.