Last Updated: November 6, 2023
The Clorox Company and its family of companies (collectively, “Clorox”, “we”, “us” or “our”) welcome you to our digital home. Like you, we take great pride in our home, and we have developed the following rules to help our home stay clean and beautiful, free from germs and viruses, and to provide a source of information about how our products can make your everyday life better, every day. We know terms like these can be long and boring, but please read them anyway for important information about your use of our Sites.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
YOUR CONTINUED USE OF THIS SITE AND PARTICIPATION IN THE REWARDS PROGRAMS IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS SITE OR PARTICIPATE IN OUR REWARDS PROGRAMS.
CONTINUED ACCESS AND USE OF ANY SITE OR PARTICIPATION IN THE REWARDS PROGRAMS AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS HEREOF. We may update or modify this agreement from time to time. You agree that you will review this Agreement periodically and that you shall be bound by any updates or modifications to the Agreement. We will use reasonable efforts to provide you with notice of these modifications and updates if they are material.
Clorox is committed to making its Sites accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of a Site, please contact us using the relevant contact information provided on the Site.
What’s Contained in this Agreement
- Highlights of the Agreement
- Rewards and Loyalty Programs
- Our Intellectual Property Rights
- Your Authorized Use of Our Sites
- Content Submitted by You
- Interactive Features
- Text Message Marketing
- Descriptions, Testimonials, Opinions
- Third-Party Content and Links
- Copyright Infringement Notices
- Updates to This Agreement
- Other Policies
- Important Additional Terms
- Disclaimer of Medical Advice
- Disclaimer of Warranty
- Limitation of Liability
- New Jersey Residents
- Consent to Communication
- Patent Marking
- Disputes, Arbitration and Class Action Waiver
- International Users
- Contacting Us
Highlights of the Agreement
This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read this entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this “Highlights” section and the terms of the full Agreement, the terms of the full Agreement control.
Shopping on Our Sites:
- Refunds, returns, and exchanges have conditions that you should understand before purchasing.
- Shipping prices vary, and correct shipping depends on you providing accurate information.
Rewards and Loyalty Programs:
- This Agreement contains general terms that apply to all of our Rewards Programs.
- In addition, each Rewards Program has its own specific terms, which are posted on the applicable Site.
- We may discontinue or alter Rewards Programs. This may affect your Rewards.
- All of the Content on our Sites is protected by intellectual property rights — you may only make limited use of the Content you find on a Site, as described below.
- We may block you from accessing our Sites, block or delete your User Content, or terminate your Account for any reason.
- We are not liable for third-party content hosted on our Sites, external websites linked to or from our Sites, or errors regarding product information, availability or promotional offers.
Your Use of Our Sites:
- Unless otherwise indicated, you only may use our Sites and our Content for your personal use as an individual.
- While on our Sites, you may not violate any laws, infringe any rights, threaten, harass or impersonate others, or take other actions that harm us or other people or parties.
- You must not attempt to bypass security protections on our Sites, introduce viruses or other harmful code, or use our Sites to attack other websites or services.
- If you register for an Account on a Site, you should keep your password confidential and not allow other people to use your Account.
- If you send us or post or upload User Content to our Sites, we may use that User Content for any purpose, including commercial uses, product development, and advertising.
- If you post your name, personal information, or other User Content to public areas of our Sites, that information might be seen and used by any visitors to our Sites.
- You should not send us or post User Content that 1) you want to keep confidential or 2) you do not have the rights to post.
- There are special terms and limitations for international users of our Sites and Rewards Programs.
Other Things to Know:
- By using a Site, you consent to the terms of this Agreement. We may update this Agreement from time to time, and we will use reasonable efforts to provide you with notice of these updates if they are material.
- This Agreement contains limitations on our liability to you, important disclaimers of warranties, and indemnification obligations by you.
- This Agreement governs how disputes will be handled, including through the use of arbitration with a class action waiver.
- This Agreement contains information about how you can contact us regarding complaints, questions or copyright infringement claims.
Some of our Sites may allow you to purchase products directly on them (“eCommerce Sites”). Although we have a variety of eCommerce Sites that sell different types of products and services, the provisions of this Agreement apply to all of them.
Refunds, returns, and exchanges will not be issued for products that have not been purchased directly through an eCommerce Site. We reserve the right to deny a refund, return, or exchange, and/or issue a shopping credit to your Account on the Site in our sole discretion for any reason including, without limitation, if we determine that you are not entitled to a refund, return, exchange, and/or issue a shopping credit or if our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.
We may make improvements and/or changes in products or services described on the Sites, add new features, or terminate a Site at any time without notice. We also: (a) reserve the right to change the goods and services advertised or offered for sale through an eCommerce Site, the prices, ingredients or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on an eCommerce Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on an eCommerce Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the eCommerce Site has a non-U.S. domain), products sold on the eCommerce Sites are intended for end use in the United States and are not labeled or intended for international distribution.
Taxes: If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
Payment Processing: We may use a third party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third party processor’s terms and your information may be subject to their privacy practices.
Returns and Exchanges
If you are not satisfied with any product that you purchased through an eCommerce Site, you may return it or exchange it subject to the following conditions:
- In order to request a return or exchange, you must contact our customer service department by following the instructions on the eCommerce Site. Some eCommerce Sites may also let you request a return or exchange through your Account or through other functionality.
- In your return or exchange request, you must indicate the specific product with which you are not satisfied, and include your order number, name, and contact information, as well as the reason for your return or exchange request and the new product with which you would like to replace the returned product if you are requesting an exchange.
- If we accept your return or exchange request, you must initiate the return of the applicable product within 60 days from the date of original shipment. Products returned after the 60-day return period will receive a shopping credit to your Account on the Site based on the original amount of payment. If you do not have an Account, we may issue you a shopping credit through other means.
- In order to initiate the return of a product, you will need to use a return label that we provide you. Once you repackage the product that you are returning, securely affix the return label to you to your package, and drop off your package at a local post office or courier office, your return or exchange will begin to be processed as soon as we have confirmed receipt of your return. We may not reimburse you for any shipping and handling fees that you incurred in returning any such product.
- Promptly within receipt of a returned product, a credit will be issued back to the original method of payment if you selected a refund, or the new products that you requested will be shipped to you if you requested an exchange.
- Please note that a new product for which you want to exchange the returned product may not be in stock. In such case, you will receive a shopping credit as described above.
- If you are making an exchange, new products that are in stock may not equate to an even exchange and there may be a price difference between the new product and the returned product. Any difference in pricing for an exchange will be placed back on the original method of payment. If we are unable to do so, your exchange may not be completed. We may contact you for new payment information or elect to treat it as a return instead.
Some eCommerce Sites sell products for which we do not allow a return or exchange, but do allow a refund; meaning all or a portion of the purchase price is returned to you without you providing the item back to us. This may be indicated on the applicable eCommerce Site or may be communicated by our customer service. Typically, products eligible for returns or exchanges are not eligible for refunds. We reserve the right to only issue a refund, or require a return or exchange, in our sole discretion regardless of what an eCommerce Site may indicate. Refunds will not be issued for products that have not been purchased directly through the Site.
Timing: For refund eligible products, you have 90 days from the date of shipment to contact us for a full refund of the purchase price (less shipping and handling fees). Following such 90-day period, no product is eligible for a refund. However, even after 90 days, we encourage you to contact us if you are unsatisfied with a product and so our customer service can improve your experience, which may include providing an exception to this refund policy.
Guarantees: Some of our products or brands carry a “guarantee” which may allow for refunds for longer than 90 days. If so guaranteed, all terms of the guarantee apply and such guarantee will be treated as a refund for the purpose of this Agreement.
Conditions: Your refund is subject to the following conditions:
- In order to request a refund you must contact our customer service department by following the instructions on the eCommerce Site. Some eCommerce Sites may also let you request a refund through your Account or through other functionality.
- In your refund request, you must indicate the specific product with which you are not satisfied and include your order number, name, and contact information, as well as the reason for your refund request.
- If we accept your refund request, you will receive a credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed. We may contact you for new payment information or provide your refund in another way, such as through your Account.
We process orders daily Monday through Friday from our fulfillment centers. Most orders are shipped the next business day, or in some cases the same business day. You can expect delivery within 3 to 10 business days of your order shipping out. If you choose 2-Day Air service, you can expect your order to arrive in 2 business days from the date of shipment. Please allow 1 business day for order processing. International orders, may take up to 2 to 3 weeks for delivery dependent upon the length of time required for customs processing. Not all Sites allow international orders.
Shipping fees vary by Site and can be found as calculated during the order completion process before checking out.
Unless otherwise indicated, we are only able to ship to one shipping address per order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. Most products may be shipped to a P.O. Box or Military APO/FPO addresses, but some restrictions apply. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If your order is returned for an invalid or incorrect address the order will be refunded less any shipping charges.
ATTENTION INTERNATIONAL CUSTOMERS: Not all Sites allow international orders. All international orders are shipped via USPS Global Mail. There is a flat rate shipping charge depending on the destination country. If your order exceeds $300, we may contact you if additional shipping fees are required. Please note that your order may incur some additional import tariffs and/or customs charges that are controlled by the destination country. These charges are the responsibility of, and must be paid by, the receiver of goods. Free shipping offers and coupons are not applicable to countries outside the U.S.
If you have questions regarding shipping please contact us using the relevant contact information below:
|Refer to the contact information listed on the applicable Site
Autoshipping and Subscriptions
Some of our brands allow you to sign up for automatic delivery of certain products at regular intervals (“Autoship”). If you opt-in to Autoship, we automatically send you the product you subscribed to based upon your chosen frequency. Your credit card is charged at the time of shipment. You always have complete control over your Autoship orders, and we send an email reminder 5 to 10 days before each order ships. You can change your delivery frequency, next order date, or quantity by visiting your Account on the applicable Site. Changes to orders can be made any time within 72 hours of the next scheduled shipment date, and you can cancel at any time. By electing to Autoship, you may receive certain discounts as detailed on the applicable Site. These discounts are not guaranteed and may be discontinued at any time, including while you are still signed up for Autoship.
Some of our Autoship programs are:
Promo Codes and Discounts
Certain Sites create or advertise promo codes, discounts, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with Autoship or subscription orders. Only consumers can use promo codes, they cannot be used be resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.
Free Items and Gifts With Purchase
Promotions including free items, sometimes referred to as gifts, with purchase are available for a limited time only and offered while supplies last. No rainchecks will be provided for out of stock free items. There is a limit of 1 free item per transaction.
Certain products on our Sites may be marked as “Safer Choice.” The Environmental Protection Agency’s (“EPA”) Safer Choice recognition does not constitute endorsement by the EPA or Clorox of this product. The Safer Choice label signifies that the formula for this product, as Clorox has represented it to the EPA, contains ingredients with more positive health and environmental characteristics than conventional products. The EPA/Safer Choice relies solely on Clorox’s integrity and good faith, for information on the composition, ingredients, and attributes of its products.
EPA/Safer Choice has not independently identified, i.e., via chemical analysis, the ingredients in the product formula, nor evaluated any of Clorox’s non-ingredient claims. EPA/Safer Choice provides its evaluation only as to the environmental and human health characteristics of the product, based on currently available information and scientific understanding.
Some Sites and brands may offer rebates on certain products. Rebates require you to provide us with certain information after your purchase in order to receive money back. Unless otherwise indicated, in connection with a rebate you must provide us with:
- Your name
- Your contact information
- The original sales receipt
- The UPC code, if applicable
- The rebate slip or form
We encourage you to make copies of all the information above, as well as evidence that the information was sent to us and when. We must receive this information within thirty (30) days of your date of purchase. Rebates will typically be returned to you approximately twelve (12) weeks later.
You are prohibited from commercially reselling any of our products or purchased via a Site if we do not specifically authorize your resale of such products. Note that this prohibition may not be applicable in all jurisdictions, and therefore may not apply to you.
Rewards and Loyalty Programs
Terms Applicable to All Rewards Programs
Some of our brands offer programs where you may receive benefits in connection with certain actions taken with the brand (a “Rewards Program”). If you elect to opt-in to any Rewards Programs, the terms of this “Rewards and Loyalty Programs” section apply to you, as does any specific terms for the applicable Rewards Program, which are provided at the corresponding Site. To the extent any Rewards Program-specific terms conflict with this Agreement, the terms and conditions for the Rewards Program will govern, but only to the extent of the conflict.
BY OPTING INTO OR PARTICIPATING IN A REWARDS PROGRAM, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT AND UNDERSTAND THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY CONSISTING OF THIS SECTION, THE APPLICABLE LOYALTY PROGRAM TERMS ON THE APPLICABLE SITE, AND THE OTHER TERMS CONTAINED IN THIS AGREEMENT.
Termination of Rewards Programs: Rewards Programs continue until we terminate the applicable Rewards Program, which we may do at any time, with or without notice to you. Upon discontinuation of the Rewards Program you may lose all benefits under that Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Rewards Program, at our discretion, at any time. By continuing to participate in the Rewards Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes to the prior to implementation.
Disputes and Disclaimer: All questions or disputes regarding eligibility for a Rewards Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Rewards Program, will be resolved by us in our discretion. By participating, you agree that all decisions we make regarding a Rewards Program are final. All Rewards Programs are subject to all applicable laws and regulations. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY REWARDS PROGRAM, WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
Our Intellectual Property Rights
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (the “Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.
We grant you a limited license to access and use the Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.
Your Authorized Use of Our Sites
While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party’s use of a Site. In addition, we expect users of the Sites to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
- Post to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank Account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;
- Violate, or attempt to violate, the security of a Site;
- Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use scripts, macros or other automated means to impact the integrity of Rewards Programs, voting, ratings or similar features;
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Sites;
- Build a competitive product or service using the Sites, build a product or service using similar ideas, features, functions, or graphics as the Sites or determine whether the Sites are within the scope of any patent;
- Interfere in any manner with the operation or hosting of the Sites or monitor the availability, performance, or functionality of the Sites;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from a Site or any other user of a Site; or
- Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Sites.
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time. You must immediately notify Clorox of any breach of this section.
Sites may allow you to download certain Content, applications, software, and other information or materials. The Company makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with the Company or a third party, for example an agreement with a mobile application store.
Content Submitted by You
You are responsible for any information, text, images, videos or other materials or content that you post on a Site, upload to us, or transmit through our Sites (“User Content”). You agree, represent and warrant that any User Content you post on a Site or transmit through our Sites is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through a Site any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). If you are uploading a receipt, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
We may host message boards, user-generated content, promotions, product reviews, blogs and other interactive features or services through which users can post or upload User Content (each, a “Forum”) on our Sites. We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging.
You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Sites and may employ anonymous user names when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on a Site or any Forum; (b) monitor User Content and Forums; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate a Site, to protect us, our Site visitors or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on our Sites that you believe violates the terms of this Agreement, please contact us.
Interactive Chat and Chatbots
Chats may use interactive, automated computer programs and similar technologies to provide customer service via the Chat (“Chatbots”). Chatbots often work by using “natural language processing” technology to understand your questions and inputs and respond to them with relevant information or follow-up inquiries. Our Chatbots typically identify that you are interacting with a computer program and not a human, sometimes by a “Powered by…” or a similar legend in the Chat or by setting up the Chat in such a way that its apparent that a Chatbot is used. Chatbots use technology to respond to your inputs without human intervention. Although Chatbots are automated, your inputs and responses may be viewed and accessed by our real people, possibly in real time. Be aware that some Chatbots may connect you to one of our human representatives.
Text Message Marketing
Some of our Sites allow you to register for accounts specific to you for ordering, Rewards Programs, Autoship, and other purposes (“Account”). In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site or participate in a Rewards Program.
If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible using the relevant contact information. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Descriptions, Testimonials, Opinions
Sites may contain expert opinions. Information on Sites identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company. Certain Sites may also make statements related to supplements or similar products. Those statements should not be taken as medical advice or statements about a supplement’s effectiveness or suitability for treatment of a medical condition. You should always consult a qualified physician for matters related to your health, and a qualified veterinarian for matters related to the health of your pets.
Some Sites may contain blogs with information about how to use a product or statements about a products effectiveness. Some of these statements are not written by us and do not represent the Company’s opinion. Other statements may be written by us, but are not a representation or warranty about a product and should not be relied upon as such.
Similarly, Sites may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be seen as a Company endorsement of same.
Sites may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content. Reviews can be removed at any time and for any reason in our sole discretion.
Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product.
WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON ANY SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY OR BY THE FOOD AND DRUG ADMINISTRATION. YOU UNDERSTAND THAT NONE OF OUR SITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS.
Please view the Disclaimer of Medical Advice for more information.
Third-Party Content and Links
Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other Content on our Sites other than those from our authorized representatives acting in an official capacity. Under no circumstance will we be liable for or in connection with any loss or damage caused by your reliance on any Content, including liability under the Communications Decency Act, 47 U.S.C. § 230.
We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Copyright Infringement Notices
If you believe that any Content on a Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
- (a) A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
- (b) The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
- (c) Your name, mailing address, telephone number and email address;
- (d) The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- (e) 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; and
- (f) A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
We may terminate users who, in our sole discretion, are deemed to be infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer.
Updates to This Agreement
We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of a Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.
This Agreement applies exclusively to your access to, and use of, the Sites and Rewards Programs and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of a Site and to the purchase of certain merchandise or services and are included as part of this Agreement whether they reference this Agreement or not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
- Policies for retailers, distributors and distributors
- Contest and sweepstake rules
- Conditional guarantees
- Rebate rules
- Privacy policies
- Minimum advertised price policies
- Employment agreements
Other policies and agreements are typically found by navigating the Site, in particular by checking Site headers and footers and by reviewing hyperlinked terms at the point of sale.
Any sweepstakes, contests, coupons, rebates or other promotions made available through a Site will be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
Should we employ you, none of the materials provided on a Site constitute or should be considered part or all of an employment contract.
Important Additional Terms
The Sites and this Agreement are in effect until terminated by us. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to a Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Sites and all copies thereof; (ii) you will immediately cease all use of and access to the Sites; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your Registered User Account at any time. Termination of this Agreement will end your participation in any Rewards Program and forfeit any benefits you have accrued thereunder. You agree that if your use of a Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. We reserve the right to have all violators prosecuted to the fullest extent of the law.
Even after the termination of this Agreement or of your Account or access to a Site, any User Content you have posted or submitted may remain on a Site indefinitely.
Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SITES. If you are under the age of majority in your home state, which is 18 in most states, you may not establish a registered Account with us, and you should use our Sites only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Sites or sections of our Sites, as well as promotions, programs and commerce we may offer on a Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Sites or certain sections or features of our Sites, you should not attempt to do so.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such sites.
Disclaimer of Medical Advice
THE CONTENT CONTAINED ON SOME OF OUR SITES MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS, NATURAL PROCESSES, AND/OR NATURAL THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. OUR SITES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A SITE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOU CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOU CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT.
Disclaimer of Warranty
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON A SITE OR ANY OTHER SITES LINKED TO OR FROM A SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF ANY REWARDS PROGRAM OR AUTOSHIP. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH A SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF A SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Limitation of Liability
WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE A SITE OR REWARDS PROGRAM, A SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR $100.
You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with a Site; or (iii) the Content or other information you provide to us through a Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; and (c) Indemnity. According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Consent to Communication
Patent information about selected Company products can be found on our Patent Marking page. This is in satisfaction of the virtual patent marking provisions of Section 16 of the America Invents Act. By listing various patents, the Company makes no admission that other relevant patents do not exist. Not all Company products are included and not all Company patent information about such products is necessarily provided. All listed patents are U.S. patents, including both utility and design patents.
If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed entirely and the rest of the Agreement will be enforceable.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Disputes, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE CAPACITY.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Initial Dispute Resolution Period: Our customer support department is available at 800-849-7112 to address any concerns you may have regarding the Site or the products or services available on the Site. Most concerns are quickly resolved in this manner to our customers’ satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and we agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If we have a dispute with you, we will send the notice of that Dispute to your billing address and/or email address you have provided to us. If you have a dispute with us, you agree to send us a written notice by certified mail of your claim, addressed to: General Counsel, The Clorox Company, 1221 Broadway, Oakland, CA 94612. A notice of Dispute will not be valid, and will not start the Initial Dispute Resolution Period, and will not allow you or us to later initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph: (a) description of the nature of the claim or dispute and the underlying facts; (b) date upon which the Dispute arose; (c) the specific relief sought; and (d) name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You will personally appear at the conference telephonically or via videoconference; if you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating an arbitration or litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If either party violates this Initial Dispute Resolution Period paragraph, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration.
Binding Arbitration: If you and we do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or we may commence an arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules.
Process: In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against Clorox must send the written demand for arbitration to General Counsel, The Clorox Company, 1221 Broadway, Oakland, CA 94612. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (iv) the party has complied with the Initial Dispute Resolution Period, including participation in an in-person conference, as described above. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
Appointment of Arbitrator: Unless all parties to the Arbitration agree, the Arbitrator shall be a lawyer on the JAMS roster admitted to practice for at least 20 years or a retired United States District Court Judge.
Location & Hearing: Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules.
Arbitrator’s Decision: The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Fees: Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.
Mass Arbitration Before NAM: Notwithstanding the parties’ decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” paragraph), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration and Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in this Agreement. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/ or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of the Dispute Resolution Section of this Agreement.
Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a Procedural Arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings. If the parties are unable to agree upon a Procedural Arbitrator within fourteen (14) days of delivery of the commencement of the mass arbitration, then NAM will appoint the Procedural Arbitrator in accordance with the NAM Rules.
Exceptions to Binding Arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration:
- Provisional remedies in aid of arbitration: Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below.
- Intellectual Property and Trade Secret Disputes: Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.
- Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.
Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.
Governing Law: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.
Statute of Limitations. To the fullest extent allowed by low, you and we agree that if any Dispute has a statute of limitations in excess of two years, such Dispute must be filed within two years after the Dispute accrued or it will be forever barred.
Forum. To the fullest extent allowed by low, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in Oakland, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts for any Dispute not subject to binding arbitration.
Severability. If any provision in this Disputes, Arbitration and Class Action Waiver Section of this Agreement is found to be unenforceable, that provision shall be severed with the remainder of this Section of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.
Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States, unless otherwise disclosed. The products referred to on Sites may only be available in the territory to which that Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR REWARDS PROGRAM OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access a Site or participate in a Rewards Program do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply regardless of the terms and conditions of an agreement that you have entered into. HOWEVER, BY ENTERING INTO THIS AGREEMENT, CLOROX DOES NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
Where any Act of Parliament implies any condition or warranty in relation to your use of a Site and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, Clorox’s liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian Province of residence.
Cancellation Rights: Residents of certain Provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Canadian Copyright Act: We are committed to complying with Canadian copyright and related laws, and we require all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by Canadian copyright law. Owners of copyrighted works who believe that their rights under Canadian copyright law have been infringed may take advantage of certain provisions of the Canadian Copyright Act (the “CCA”) to report alleged infringements. It is our policy in accordance with the CCA and other applicable laws to reserve the right to terminate the service provided to any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe in our sole discretion is infringing these rights. Any user who feels that a posted message is objectionable or infringing may send us a notice. Upon our receipt of a proper notice of claimed infringement under the CCA, we will seek to respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the CCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The Company-designated agent (i.e., proper party) to whom you should address such notice is: Tim Humphrey, c/o The Clorox Company, 1221 Broadway 23rd Floor, Oakland CA 94612, (510) 271-7326, email@example.com.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to The Clorox Company of Canada, Ltd., 150 Biscayne Crescent, Ontario, L6W 4V3, Attention: Canadian Privacy Officer.
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
If you have questions about this Agreement please contact us through this online form or by writing us at Clorox Consumer Services, PO Box 24305, Oakland, California, 94623-1305. If you have any questions or comments about our Company or our products or have other customer service needs, please use the relevant contact information below:
|Refer to the contact information listed on the applicable Site
Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.