TENA.CA TERMS OF USE

Revised: October 20, 2021

ACCEPTANCE OF TERMS

Welcome to TENA.ca and Shop.TENA.ca ("Site"), owned and operated by Essity Hygiene and Health AB. ("Essity"). Essity permits access to the Site subject to the following Terms of Use ("TOU"). Essity may, at its discretion, update the TOU at any time. The individual accessing the Site ("you", and "your" or "Your" has a corresponding meaning) can access and review the most current version of the TOU at the URL for this page or by clicking on the "Terms of Use" link at the bottom of each page of the Site.
PLEASE REVIEW THE TOU CAREFULLY AND PRINT A COPY FOR YOUR RECORDS. BY REGISTERING FOR AN ACCOUNT, PLACING AN ORDER, ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY REVISIONS TO THE TOU. IF YOU DO NOT AGREE TO THE TOU, YOU MUST IMMEDIATELY CEASE USING THE SITE.
PRIVACY POLICY

The Site’s privacy practices are set out in the Essity Privacy Policy. Please review it and print a copy for your records.
GRANT OF RIGHTS

Subject to your compliance with the TOU in all material respects, Essity grants you a limited, personal, non-exclusive, revocable right to access and use the Site.
REGISTRATION

1. You may browse the Site without registering, but some features may not be accessible unless you register. In registering for the Site, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Essity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Essity may suspend or terminate your account.

2. You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify Essity immediately of any unauthorized use of your account or password or any other similar breach of security.

3. You represent and warrant that you are: (i) over eighteen years of age or the age of majority in our jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Site under the laws of your jurisdiction or any other applicable jurisdiction.
RESPONSIBILITY FOR CONTENT

1. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Site, whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not Essity, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site ("Your Content"), and other users of the Site, and not Essity, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Site ("User Content").

2. You acknowledge and agree that Essity has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Essity reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing, Essity shall have the right to remove any Content that violates the TOU or that it deems objectionable.
RIGHTS TO CONTENT

1. Essity does not claim ownership of Your Content. However, you grant Essity and its service providers a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display Your Content. You understand that the technical processing and transmission of data associated with the Site, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

2. Except with respect to Your Content, you agree that Essity and its licensors own all rights, title and interest in the Site and all Content within the Site. You may not: (i) reproduce, distribute, alter, modify, create derivative works from or publicly display any Content (except Your Content); (ii) frame or utilize any framing technique to enclose any Content; or (iii) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code for any software within or associated with the Site.

3. The Essity, TENA®, TENAtwist®, FEARLESS PROTECTION™ and UNEXPECTED LEAK™ names and logos are trademarks of Essity or its affiliates ("Essity Marks"). You agree not to display or use in any manner any Essity Mark without Essity’s prior written consent.
USER CONDUCT

In connection with your access to or use of the Site, you shall not:

1. upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

2. impersonate any person or entity, including, but not limited to, Essity personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;

4. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects the ability of other users to use the Site;

5. take any action that imposes an unreasonable or disproportionately heavy load on the Site or its infrastructure;

6. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

7. use spiders, crawlers, robots or any other similar means to access the Site or substantially download, reproduce or archive any portion of the Site;

8. sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Site, including, but not limited to, Your user account and password; or

9. violate any applicable local, state, provincial, federal, national or international law or regulation.
RATINGS AND REVIEWS

These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by TENA (the "CRR Service").

By submitting any content to TENA, you guarantee that:
- You are the sole author and owner of the intellectual property rights in the content;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- You are at least 18 years old;
- Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree that you may not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold TENA (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant TENA a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at TENA's sole discretion. TENA reserves the right to change, condense, withhold publication, remove or delete any content on TENA's website that TENA deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. TENA does not guarantee that you will have any recourse through TENA to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, TENA reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not TENA, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of TENA its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Site, including payment or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third-party. You agree that Essity shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
LINKS AND EXTERNAL MATERIALS

The Site or users of the Site may provide links to other websites or resources. You acknowledge and agree that Essity does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources ("External Materials"). These sites are subject to different terms of use and privacy policies which you are responsible for reviewing. You further acknowledge and agree that Essity shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.
MODIFICATIONS TO THE SITE

Essity reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Essity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
TERMINATION

In the event that you violate the TOU, all rights granted to you under the TOU shall be terminated immediately, with or without notice, and Essity, in its sole discretion, may remove and discard Your Content. Sections 5, 6, 9 and 13 through 22 shall survive the termination of your right to access the Site.
INDEMNIFICATION

You agree to indemnify and hold Essity and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, due to or arising out of your use of the Site or violation of the TOU.
PRODUCT DESCRIPTIONS

Essity attempts to be as accurate as possible. However, Essity does not represent or warrant that product descriptions or any other Content is accurate, complete, reliable, current or error-free.
HEALTH INFORMATION DISCLAIMER

Some portions of the Site may provide information about which Essity products may work best for you based upon information that you provide. However, the Content on the Site is presented in a summary fashion and is intended to be used for educational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, course of action or medical or healthcare provider. Your use of the Site does not create a doctor/patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. Essity disclaims all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on the Site. Do not disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of any information you obtain from the Site.
DISCLAIMER OF WARRANTIES

1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ESSITY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MANDATARIES, PARTNERS AND LICENSORS ("ESSITY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE.

2. THE ESSITY PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
LIMITATION OF LIABILITY

1. YOU ACKNOWLEDGE AND AGREE THAT THE ESSITY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE ESSITY PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL SCA’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATING TO THE TOU OR YOUR USE OF THE SITE EXCEED THE AMOUNT RECEIVED BY ESSITY FROM YOUR TRANSACTIONS WITH ESSITY ON THE SITE IN THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM AROSE.

2. CERTAIN PROVINCIAL LAWS MAY 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.
GOVERNING LAW

The TOU shall be governed by and construed and enforced in accordance with the laws of the Ontario and laws of Canada applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the Canadian jurisdiction in which you reside to apply, in which case the laws of such jurisdiction will apply.
AGREEMENT TO ARBITRATE DISPUTES

Any dispute or claim arising out of or relating to the TOU, your visit to the Site or products you purchase through the Site or by phone shall be resolved through confidential arbitration by the American Arbitration Association (AAA) under its then-applicable rules, including its Supplementary Procedures for Consumer-Related Disputes. Such arbitration shall: (a) be heard and resolved by a single independent and neutral arbitrator; (b) take place in Toronto, Ontario; and (c) be conducted in the English language. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the TOU shall be joined to an arbitration involving any other party subject to the TOU, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, you and Essity may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

This provision shall apply to the maximum extent permitted by applicable laws.
NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the TOU, there shall be no third-party beneficiaries to this agreement.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been made available through the Site in a way that constitutes copyright infringement, please provide SCA’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Site; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. SCA’s Agent for Notice of Copyright Claims can be reached as follows:

Agent for Notice of Copyright Claims
TENA Marketing
c/o Essity HMS North America Inc.
The Cira Centre
2929 Arch Street, Suite 2600
Philadelphia, PA 19104

Phone: +1 610-499-3700
Email: Essity.Copyright.Agent@essity.com
GENERAL PROVISIONS

The TOU constitutes the entire agreement between you and Essity concerning your access to and use of the Site. It supersedes any prior or contemporaneous agreements between you and Essity with respect to such subject matter. The failure of Essity to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability. It is the express wish of the parties that the TOU and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.

TENA.CA TERMS OF USE

Revised: October 20, 2021

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