This Website ("Site") and its contents are owned and operated by Kruger Products Inc. ("Kruger Products" or "we") as a service to its customers. Your use of this Site constitutes your agreement with Kruger Products to be bound by, and to act in accordance with these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, do not use this Site.
Kruger Products reserves the right to, at any time without notice: (a) make changes to this Site and its contents and to these Terms and Conditions of Use; (b) monitor and remove Submissions; and (c) discontinue Site availability. Please visit these Terms and Conditions of Use from time to time to keep up-to-date. Your use of the Site affirms your continuing agreement to abide by any revised Terms and Conditions of Use. Any failure by Kruger Products to act in response to a breach by you or any other party of these Terms and Conditions of Use shall not be deemed a waiver of Kruger Products's right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set out the entire understanding between Kruger Products and you with respect to the use of this Site.
This Site, the contents of this Site and any products and services advertised on this Site are intended for use by residents of Canada only. Kruger Products makes no representation that this Site, its contents or any products or services advertised on this Site are available in other jurisdictions or are appropriate for use in such jurisdictions. Those who choose to access this Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws.
Copyright and Trademarks
All material on this Site with the exception of third party materials used under licence, including the text, images, software, programs, graphics, video, audio and designs and the trade-marks displayed on this Site ("Materials"), are owned and/or used under licence by Kruger Products, and protected by international copyright and trade-mark and other intellectual property laws. Kruger Products grants to you a limited, personal, non-exclusive and non-transferable license to use and display the Materials only on your personal computer or mobile device and to download and make one copy of any Materials, in each case for personal and non-commercial purposes only, provided you maintain all copyright, trademark and other proprietary notices contained in the Materials. Except as stated herein, you may not copy, reproduce, download, re-distribute, republish, transmit, create derivative works or modify any Materials or use any of the Materials for commercial or public purposes without the prior written consent of Kruger Products. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions of Use. Upon termination, you must immediately delete and destroy any downloaded and/or printed Materials. You have no right, title or interest (and no copyright, trademarks or other intellectual property right) in or to this Site or any Materials.
The trade-marks appearing in this Site are the exclusive property of Kruger Products when marked with a ™, ® or an asterisk (*) and of Kimberly-Clark Worldwide, Inc. ("Kimberly-Clark") when marked with a ®' or ®! . Kimberly-Clark's registered trademarks are used under licence, by Kruger Products.
Your use of the trade-marks appearing on this Site in any manner other than as authorized in these Terms and Conditions of Use is strictly prohibited. For further information on these trademarks and third-party trademarks appearing on this Site, please refer to our Trademark Notice.
Other Use Restrictions
You agree that you will not access this Site using any “page scraping”, robot, spider or other automated means. You also agree not to “frame” or “mirror” this Site or any Material, on any other server or Internet-based device without the prior written permission of Kruger Products. Any permitted links to this Site must comply with all applicable laws, rule and regulations. You may not use any meta tags or other "hidden text" utilizing our name or any of the trademarks displayed on this Site, without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.
Kruger Products does not guarantee continuous, uninterrupted, error-free or secure access to this Site. The operation of this Site may be interfered with by factors outside Kruger Products's control. Kruger Products does not warrant that any servers making this Site available are free from viruses and other harmful elements or that any defects in this Site will be immediately corrected. Kruger Products does not routinely monitor your Submissions or other activity on the Site but reserves the right to do so. If Kruger Products becomes aware of inappropriate use of this Site, Kruger Products will respond in any way that Kruger Products, in its sole discretion, deems appropriate. You acknowledge that Kruger Products may report to law enforcement authorities any actions or information that may be considered illegal, or that is necessary to satisfy any legal or regulatory requirements, to protect itself or to operate the Site properly.
You acknowledge that any unauthorized use of any Material, including trade-marks, could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.
Your use of this Site and Materials is at your own risk. This Site, and all Materials on this Site, are provided "as is", without any express or implied warranty of any kind, including warranties of merchantability, fitness for any particular purpose and non-infringement. Kruger Products uses reasonable efforts to include accurate and up to date information on this Site, but does not make any representations or warranties as to the accuracy or completeness of any of the Materials.
Limitation of Liability
In no event shall Kruger Products, its parent company, affiliates or suppliers be liable to you or any third party for any damages whatsoever (including, without limitation, incidental, special, consequential or punitive damages, or damages for loss of profits, business interruption, or loss of information, programs or other data) arising out or connected with this Site, including without limitation, Your use or inability to use this Site, its contents or the Materials, even if Kruger Products has been advised of the possibility of such damages. Kruger Products has no duty to update this Site, its contents or the Materials and shall not be liable for any failure to update. You assume the entire responsibility for any and all damages, repairs and/or maintenance costs incurred by you. Your sole and exclusive remedy is to discontinue using this Site.
Kruger Products is eager to receive your comments and answer your questions about our products and our company. However, we are not seeking, nor do we accept unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of our products or services ("Unsolicited Ideas"). Although we encourage your feedback, comments and questions, please do not send Unsolicited Ideas to Kruger Products.
By posting any material, including Unsolicited Ideas, messages, written editorials, photographs, software or video clips ("Submissions") to this Site you agree that all such Submissions will be considered non-confidential and non-proprietary and that no Submissions will be returned. You grant to Kruger Products a non-exclusive, royalty-free, worldwide, transferable unrestricted and perpetual licence, to publish, display, reproduce, perform, broadcast, retransmit, modify, edit or otherwise use (in whole or in part and in any form of media, format or technology, whether now known or hereafter discovered) the Submissions, with the right to sub-licence to third parties the unrestricted right to exercise any of the foregoing rights. The licence, shall include the right to exploit any proprietary rights in the Submissions, including but not limited to rights under copyright and trademark without any further notice or payment to or permission needed from you. Kruger Products has no obligations with respect to the Submissions, and you agree that you will have no recourse against Kruger Products for any actual or alleged infringement, passing off or misappropriation of any proprietary rights in the Submissions. You also agree to waive any applicable moral rights as contained in the Submissions for any of the proposed uses above. Kruger Products reserves the right at all times to remove any Submissions that in Kruger Products's sole discretion are objectionable, offensive, unlawful or in violation of these Terms and Conditions of Use.
You agree not to restrict or inhibit other individuals from using and enjoying this Site and you agree not to post or transmit any unlawful, abusive, libellous, defamatory, threatening or obscene Submissions. You agree not to post or transmit any Submissions which violate or infringe upon the rights of others, including Submissions which are an invasion of privacy or publicity rights or which are protected by copyright, trademark or other proprietary rights without first obtaining permission from the original rights holder. You agree not to post or transmit any Submissions which contain viruses or other harmful elements. Any such conduct constitutes a breach of these Terms and Conditions of Use resulting in the immediate termination of your right to use this Site. Kruger Products reserves the right to take all legal and administrative action against you to remedy such breach. By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Kruger Products, its parent company, affiliates and suppliers, and each of their respective officers, directors and employees, from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with our use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation.
Third Party Websites
Where we have provided links or references to third party websites, we make no representations or endorsements that we are affiliated with such websites. Kruger Products has no control over such third party websites and we are not liable for any damages or injury arising from your use of such websites. In addition, our privacy policies do not apply to any such third party websites.
Applicable Laws and Disputes
These Terms and Conditions of Use hall be governed by the laws of Canada and of the province of Ontario, without regard to conflicts of law principles. You agree that any and all disputes directly or indirectly arising out of or relating to these Terms and Conditions of Use, or this Site, its content or the Materials, shall be resolved exclusively in the applicable courts located in the City of Toronto, Ontario. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. If any part of these Terms and Conditions of Use are determined to be invalid, void, unlawful or unenforceable for any reason, the validity and enforceability of the remaining terms and conditions shall not in any way be affected or impaired. These Terms and Conditions of Use constitute the entire agreement between you and Kruger Products with respect to your access to and use of this Site or its contents or Materials.