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Terms of Use

WEBSITE TERMS OF USE

SMART LABEL

Last Updated: June 2022

PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE (“TERMS”) BEFORE USING, REGISTERING ON OR SUBMITTING INFORMATION TO THE WEBSITE AT WWW._ http://www.smartlabel.org OR ANY OF ITS FEATURES (THE “WEBSITE”).

Thank you for your interest on the Website. The Website is operated and maintained by the Consumer Brands Association (“CBA” “we” or “us”) and is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, or registering over the Website, you and your business (as applicable) agree to the terms set forth herein.

THESE TERMS FORM A BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND ANY BUSINESS YOU REPRESENT IN YOUR INTERACTIONS WITH THE WEBSITE (“YOU”) AND US.

CBA reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes on the Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at http://www.smartlabel.org/ Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms. Additional terms may apply and be presented to you on the Website with respect to specific features and functionality of the Website.

INDEX:

  1. Website use and registration
  2. Our privacy notice and your personal information
  3. Warranty and damages disclaimers
  4. Your indemnification obligation
  5. Rights to the Website and postings
  6. Termination
  7. Dispute resolution; governing law
  8. Miscellaneous

SECTION 1 – WEBSITE USE AND REGISTRATION

Subject to your continued compliance with all Terms, we provide to you a revocable, limited, non-exclusive, non-transferrable right to use the Website for your personal or internal business purposes. You acknowledge and agree that you will comply with all applicable laws and regulations in your use of and interactions with the Website.

You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful to us or the companies that participate in the Smart Label program. You further

agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website. In addition, you agree not to scrape or extract web data or materials from or available through the Website for any purpose or for your own benefit or the benefit of any third party, or to commercialize, sell or lease to others any Website data, metadata, content, logs or content.

The Website is intended for use by adults. If you use the Website, you are affirming and warranting each time that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have read this Agreement and understand and agree to its terms.

To access certain features of the Website (such as user inquiries, chats, web logs, bulletin boards) or access a portal, we may ask you to provide certain demographic information or to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person.

In addition, to use certain features of the Website, you may need a username and password, which you will receive through the Website’s registration process. You are responsible for maintaining the confidentiality of any password you may use to access your user account, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to your user account, to any third party. We may cancel or suspend user accounts at our sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, us under your user account. You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security related to your user account. You agree that we are not liable, and you will hold us harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.

CBA may modify, update or remove material from or cease to operate the Website or any individua features or functionalities on the Website at any time without notice or any liability to you in its sole discretion. CBA and its Smart Label participating companies may modify, remove or expand the Smart Label data available through the Website at any time without notice or any liability to you in their sole discretion.

The Website may contain links to other websites. CBA assumes no responsibility for the content or functionality or data collection and protection practices of any non-CBA website to which we provide a link.

SECTION 2 – OUR PRIVACY NOTICE AND YOUR PERSONAL INFORMATION

Your submission and our collection of personal and other information through the Website is governed by our Privacy Notice. Our Privacy Notice is at https://consumerbrandsassociation.org/privacy-policy/. We reserve the right to modify our Privacy Notice in our reasonable discretion from time-to-time.

You agree you will not import, or incorporate into, any inquiries or content you upload to the Website any sensitive personal data such as social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

SECTION 3 – WARRANTY AND DAMAGES DISCLAIMERS

The Smart Label information and data available on this Website has been provided by third parties from a variety of sources, and is subject to change without notice to the user. CBA does not make any warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data.

TO THE FULLEST EXTENT PERMITTED BY APLICABLE LAW, THE WEBSITE AND ALL INFORMATION AND DATA MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN“AS IS, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, CONDITION, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION OR FUNCTIONALITY ON THIS WEBSITE.

WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ANY BUSINESS YOU REPRESENT IN YOUR INTERACTIONS WITH THE WEBSITE AGREE THAT CBA AND THE PARTICIPATING COMPANIES IN THE SMART LABEL PROGRAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST DATA OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THE WEBSITE OR AS A RESULT OF THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FROM ANY DATA OR OTHER INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THIS WEBSITE OR THE RESULTS OBTAINED FROM USING SUCH DATA, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CBA, A SMART LABEL PARTICIPATING COMPANY OR ANY OF THEIR RESPECTIVE EMPLOYEES, AFFILIATES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND CBA DISCLAIMS ALL SUCH DAMAGES (EXCEPT WHERE PROHIBITED BY LAW).

Without limiting the foregoing, CBA shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or any contingencies beyond its control, including in procuring, compiling, displaying or delivering the data or information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon such data or information furnished by the Website.

SECTION 4 – YOUR INDEMNIFICATION OBLIGATION

As a condition of use of Site, to the fullest extent permitted by applicable law, you agree to indemnify and hold harmless CBA, its directors, officers, employees and agents from and against any and all liability, expenses (including but not limited to attorneys’ fees, expert fees and court costs) and any and all damages arising out of, relating to or in connection with any claims resulting from your access or use or misuse of the Website, including without limitation any claims alleging facts that if true would constitute a breach

by you of these Terms, or your violation of any law or the rights of a third-party, your negligence or willful misconduct, or any information you submit or transmit through the Website.

SECTION 5 – RIGHTS TO THE WEBSITE AND POSTINGS

You acknowledge and agree that you do not acquire any ownership rights in the Website or any Website materials or content or the right to use or display or include in any domain name or corporate name any of the names, logos and trademarks of CBA or the Smart Label program or any of their participating product companies.

Aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including for example, content, design elements, names, logos, taglines, metatags, hashtags, images, testimonials, personal stories, icons, video and audio clips, and the like. No material on the Website may be copied, distributed, republished, uploaded to another site, displayed, posted, or commercialized in any way whatsoever without prior written permission from CBA and, where applicable, the participating company whose Smart Label data you seek to use. You may not, without our prior written permission, frame or inline link any of the content of the Website (or the Smart Label data), or incorporate into another website or other service any of the Website material, content or intellectual property.

By posting or submitting any material (including, without limitation, comments, blog entries, feedback, inquiries, registration data, photos and videos) to us via the Website, or related internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing that: (i) you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) you are authorizing us and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, for any purpose relating to the Smart Label program or the CBA mission, and the right to identify you as the author of any of your postings or submissions.

SECTION 6 – TERMINATION

This Agreement will take effect at the time you use the Website or, for areas of the Website that require registration, at the earliest of the time your submit your registration information or click “I ACCEPT”, “I AGREE” or similar buttons. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. You may also notify us that you terminate your rights to any password protected or registration-only area of the Website. The representations, warranties, indemnification obligations, ownership terms, restrictions on use of Website data or content, disclaimers of warranties and damages, and governing law and dispute resolution terms shall survive the termination of this Agreement and/or your account or relationship with us.

SECTION 7 – DISPUTE RESOLUTION; GOVERNING LAW

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, these Terms or the Privacy Notice shall be governed exclusively by the laws of the Commonwealth of Virginia without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in the Eastern District of Virginia, and you and we hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts for such purposes. All such claims must be brought on an individual and non-class, non-representative basis, and the parties forever waive any right to bring such claims on a class wide or representative basis to the fullest extent permitted by applicable law

SECTION 8 – MISCELLANEOUS

a. No failure or delay on our or your part in exercising any right, power or remedy under this Agreement may operate as a waiver. A waiver of any right or obligation under this Agreement shall only be effective if in writing.

b. We may assign this Agreement or our rights hereunder at any time, without notice to you. Our assignee of this Agreement will have the same rights as we do hereunder. Your rights or obligations arising under this Agreement cannot be assigned without our (or our assigns’) express written consent.

c. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

d. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.