Global TERMS AND CONDITIONS OF USE – Worldwide
Welcome to Hygient
HYGIENT Corporation (USA), its subsidiaries, group and sister companies (collectively “HYGIENT” unless detailed otherwise, “we” and “us”) and its worldwide distributors, agents, representatives and affiliates, (collectively “affiliates”) provide their Services to you subject to the following conditions. HYGIENT is primarily engaged in the sales and distribution of absorbent products and components. In order to further its reach and sell to consumers worldwide, we also offer an online ecommerce platform that enables us and our affiliates worldwide to collectively or individually display our product lines and for consumers to purchase these products on-line in countries where enabled.
This document details the CONDITIONS OF USE governing all our online shopping and order fulfillment services (“Services”), which include our main website at hygient.com, as well as our subdomains including shop.hygient.com, redirection to country specific ecommerce / online shopping portals / websites (collectively, our “Sites”). If you visit or shop within our Sites, whether purchasing goods or services directly from HYGIENT or its authorized distributors and/or agents, you accept these conditions. These conditions do not apply to third-party websites, products, or services, even if they link to our Services or Sites, and you should consider the conditions of use of those third-parties carefully.
When you visit our Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, fax, text messaging or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on our Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of HYGIENT or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of HYGIENT, with copyright authorship for this collection by HYGIENT, and protected by international copyright laws.
HYGIENT trademarks including licensed trademarks from group company NEOVEST LLC, and its trade dress may not be used in connection with any product or service that is not authorized, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HYGIENT. All other trademarks not owned by HYGIENT that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HYGIENT.
LICENSE AND SITE ACCESS
HYGIENT grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HYGIENT. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HYGIENT. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HYGIENT and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing HYGIENTs name or trademarks without the express written consent of HYGIENT. Any unauthorized use terminates the permission or license granted by HYGIENT. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HYGIENT so long as the link does not portray HYGIENT, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HYGIENT logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. HYGIENT and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HYGIENT reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant HYGIENT and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HYGIENT and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify HYGIENT or its affiliates for all claims resulting from content you supply. HYGIENT has the right but not the obligation to monitor and edit or remove any activity or content. HYGIENT takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from HYGIENT are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
HYGIENT and its affiliates attempt to be as accurate as possible. However, HYGIENT does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by HYGIENT itself is not as described, your sole remedy is to return it in unused condition. All sales are final and any refunds, discounts or returns will be decided on a case-by-case basis. No returns are permitted without a return authorization. If the product is opened or packaging is externally damaged, it may not be permitted for resale by law and hence deemed non-returnable. HYGIENT and its affiliates strive to satisfy all customers, however, retain the right to reject returns and / or compensate customers.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY HYGIENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. HYGIENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HYGIENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HYGIENT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HYGIENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HYGIENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting our Sites, you agree that the laws of the state of Delaware, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HYGIENT. Transactions made outside the United States of America, invoiced and fulfilled by our affiliates shall be governed by the local applicable laws.
Hygient and its affiliates strive to satisfy all customers and shall make all attempts to resolve disputes locally, in the country of purchase or fulfillment. For transactions with affiliates outside of the USA, you agree to direct your dispute resolution requests directly to the affiliate in the country of purchase, subject to all local applicable laws with no liability to HYGIENT. For example, if you are making, or have made, a purchase from a distributor outside the United States, using the Hygient ecommerce platform and you have a dispute related to that transaction then you agree to resolve your request directly with the distributor.
Any unresolved dispute relating in any way to your visit to our Sites or to products you purchase through our Sites shall be submitted to confidential arbitration in the state of Delaware, USA, except that, to the extent you have in any manner violated or threatened to violate HYGIENT’s intellectual property rights. In such case, HYGIENT may seek injunctive or other appropriate relief in any state or federal court in the state of Delaware, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to HYGIENT. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
5815 Landerbrook Drive, Unit 24702
Cleveland, OH 44124, USA
Attention: Hygient Legal