Terms and Conditions

Dial Terms of Service Agreement

www.purexinsiders.com (the “Website”) is provided by The Dial Corporation (“Dial” or “our”, “us” or “we”) and is provided for your personal entertainment, information, and education. By using the Website, you, the visitor, agree to be bound by these Terms and Conditions (this “Agreement”). If you wish to become a participant in the Dial Insider community (a “Participant”) and make use of the Dial Insider Program (the “Service”), read this Agreement and indicate your acceptance by following the instructions located on the Sign Up page.

This Agreement sets out the legally binding terms of your use of the Website and your participation in the Service. We reserve the right, in our sole discretion, and at anytime, to update and change the Agreement and the Service without notice to you, and such changes will be effective immediately upon posting. Please review the Agreement regularly so that you will be apprised of any modifications. Modifications will be effective upon posting to the Website. Your use of the Website and the Service following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date this Agreement was revised is set forth below. If you breach any of the terms of this Agreement, your right to use this Website will terminate automatically. If any modification is not acceptable to you, your only recourse is to cease to use the Website. This Agreement includes and incorporates Dial’s acceptable use policy for content posted on the Website, Dial’s Privacy Policy, and any notices regarding the Website. This Agreement also includes and incorporates the Dial Social Media Guidelines, which governs your behavior as a Participant with the Service.

USE OR ACCESS OF THIS WEBSITE WILL BE AN INDICATION THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS PROVIDED HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE FOR ANY PURPOSE.

Dial Content.

The contents of the Website, and of all other websites under Dial’s control, whether partial or otherwise, and which include the all worldwide intellectual property rights to the content including without limitation, the coupons, text, software, scripts, graphics, photos, surveys, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (collectively “Dial Content”), and all such rights to all derivative works or enhancements of, in and to, or relating to, the Website, are the exclusive property of Dial subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Website and other websites owned by Dial are sometimes collectively referred to as “Dial Sites”. By your use of this Website, you will not acquire any intellectual property or similar rights in the Website or related products and services. You agree you will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or related products and services; or (ii) use Dial’s name, logo, trademark, trade names or service marks except as expressly permitted in the Agreement without Dial’s prior written consent. You agree to not engage in the use, copying, or distribution of any of the Dial Content other than expressly permitted herein for any commercial purposes. If you download or print a copy of the Dial Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Information or enforce limitations on use of the Website or the Dial Content therein. You will indemnify, defend and hold harmless Dial from any third-party claim related to a breach of any of the foregoing representations and warranties. Dial reserves all rights not expressly granted in and to the Website and the Dial Content.

The Dial Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever.

You may download, view, e-mail, copy and print documents and graphics incorporated in the documents from this Website subject to the following: (1) the documents may be used solely for involvement for personal, informational, non-commercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the Website in whole or in part without the prior written permission of Dial.

Copyrights and Trademarks.

Content on the website is owned by Dial and and contains material that is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this Website including code and software without the express written permission of Dial.

Participant Submission.

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post in connection with the Service, including without limitation any other text, graphics, video or audio (“Communications”) will be considered non-confidential and non-proprietary. Dial will have no obligations for, and disclaims all liability attributable to the Communications. However, you hereby assign any and all right, title and interest in the Communications to Dial; and Dial, its designees, licensees or assignees will be free to use, copy, disclose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate the Communications in other works in any media, with such rights extending to all data, images, sounds, text and other things embodied therein for any and all commercial or noncommercial purposes. If you do not wish to grant such rights to Dial, it is suggested that you do not submit your contribution to the Dial Sites. By submitting your Communication to any Dial Site, you represent and warrant the following:

• That such Communication is either your own original work or that you have the necessary licenses, rights, consents, and permissions to use and authorize Dial to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Communications to enable inclusion and use of the Communications in the manner contemplated by the Website and this Agreement;
• That you possess the written consent, release, and/or permission of each and every identifiable individual person in the Communication to use his or her name or likeness of each and every such identifiable individual person to enable inclusion and use of the Communication in the manner contemplated by the Website and
• That you agree to waive any moral rights in and to your Communications for all the purposes specified herein; and
• That you agree to indemnify, defend and hold harmless Dial against all legal fees, damages and other expenses that may be incurred by Dial as a result of your breach of the above warranty.

Eligibility.

Dial reserves the right, in its sole discretion, to determine who shall be eligible to participate in any of the campaigns or other programs offered from time-to-time on the Website, including the Service. You must be 18 years of age or older to visit or use the Website in any manner. By visiting the Website or accepting the terms of this Agreement, you represent and warrant that you are 18 years of age or older, that you have the right, authority and capacity to agree to and abide by this Agreement, and that you will use the Website solely for your personal, noncommercial use, in a manner consistent with any and all applicable laws and regulations. You agree to abide by the Social Media Guidelines.

Security Rules.

Participants must not violate or attempt to violate the security of any Dial Site, including without limitation, (a) accessing data not intended for such Participant or logging into a server, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software or routine to interfere or attempt to interfere with the proper working of any Dial Site or any activity being conducted on any Dial Site, (c) attempting to interfere with the availability of any Dial Site to any Participant, host or network, including, without limitation, via means of submitting a virus to any Dial Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” any Dial Site, (d) sending Participants unsolicited e-mail, including promotions and/or advertising of products or service, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or (f) using a password or access code not issued to such Participant Site. Violations of system or network security may result in civil or criminal liability or terminate you as a Participant. Dial will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting Participants who are involved in such violations.

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Information. You agree not to add to, subtract from, or otherwise modify the Information. You agree not to use the Website in any manner that might interfere with the rights of Dial or any third party.

Term.

This Agreement will remain in full force and effect while you use the Website and/or are a Participant. You may terminate your participation in the Dial community at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. Dial may terminate you as a Participant for any reason, at any time, at its sole discretion. Even after your participation is terminated, applicable provisions of this Agreement will remain in effect.

Dial reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Account, Profile, Communications and access to the Website or any related Dial Sites; and the immediate termination of any services provided to you under this Agreement, immediately upon any breach by you of this Agreement, or if Dial is unable to verify or authenticate any information you submit to the Website or any other Dial Site.

Disclaimers.

A. The Website is only a venue, and Dial does not screen or censor the Communications. We are under no legal obligation to, and generally do not, control the Communications or other information provided by you that is made available through the Website. As a result, Dial has no control over the truth or accuracy of information communicated by Participants and/or submitted by Participants. Dial makes no representations about the accuracy, reliability, completeness or timeliness of any user profile or Communications. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Participants with whom you come in contact through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Website and/or the other Dial Sites.

B. Because Participant authentication on the Internet is difficult, Dial cannot and does not confirm that each Participant is who they claim to be. Because we do not and cannot be involved in Participant-to-Participant dealings or control the behavior of participants on any Dial Site, in the event that you have a dispute with one or more Participants, you hereby release Dial (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

C. Dial may provide links to other websites or resources of possible interest to Participants. Also, our websites may include contributions by Participants. Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that Dial is not responsible for the availability of such websites or resources or any contributions, and neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions. You also acknowledge and agree that Dial shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource. When you access these third-party websites or otherwise use or rely on such content, you do so at your own risk. All such websites are subject to the policies and procedures of the owner of such websites.

D. Your use of the Website is at your sole discretion and risk. The Website, and all materials, information, products and services included therein, are provide on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

E. DIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

F. Dial expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website; (ii) regarding the goods, services, advice, information or links provided by any third parties or users; (iii) that the Website will meet your requirements; or (iv) that the Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in this Agreement.

G. Dial assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person’s computer related to or resulting from use of the Website.

H. Under no circumstances shall Dial be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any reviews, advertisements or Communications posted on or through the Website, or from the conduct of any users of the Website, whether online or offline.

I. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE DIAL CONTENT, OR THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Limitation of Liability.

Dial, its directors, officers, employees, clients, agents and affiliates shall not be liable for any damages, special, consequential or otherwise, arising out of, or in any way connected with your participation in the program, the use of information provided by you in connection with the Website or Services, any statements made by you, or the merchandise or services obtained by you through points, rewards or other special offers or perks redeemed or otherwise exercised by you under the program. Dial disclaims any liability or obligation in connection with any points, rewards or special offers (including without limitation discounts or coupons) offered by third parties through the Website.

Dial’s maximum liability arising out of or in connection with your use of the Website, the Dial Content or the Services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed $100.

Some jurisdictions limit the exclusion of damages or limitation of liability, so the above exclusions and limitations may not apply to you. If any part of the exclusions of damages or limitation of liability set forth above is unenforceable under applicable law, Dial’s aggregate liability will be limited to the maximum extent permitted by law.

IN NO EVENT SHALL DIAL, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY DIAL SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE DIAL CONTENT, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR THE DIAL CONTENT, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE DIAL CONTENT OR THE SERVICES, EVEN IF DIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Confidentiality.

You are responsible for maintaining the confidentiality and all uses of your Account and password whether or not authorized by you. You agree to immediately notify Dial of any unauthorized use of your Account, and password. To enhance the value of your experience on the Website, Dial and its affiliates may on occasion share selected personal information with third parties for the limited purposes of data verification and supplementation. As such, this Agreement states that by submitting your personal information, you are certifying you have read, understand and agree to this Agreement as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here; www.henkelna.com and which is incorporated herein by reference. Again, if you do not agree to any of these terms, then please do not use the Website.

Disputes Among Participants.

You are solely responsible for your interactions with other Dial Participants. Dial reserves the right, but has no obligation, to monitor disputes between you and other Participants and take appropriate action as it deems necessary at its sole discretion.

Import and Export Restrictions.

This Website is controlled and operated by Dial from its offices within the United States. Dial makes no representation that the products, services and other materials available through this Website are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.

Right to be Removed from Programs.

Dial reserves the right, in its sole discretion, to determine who shall be eligible to participate in any of the campaigns or other programs offered from time-to-time on the Website. Further, Dial may, at its discretion, remove a participant from a “Campaign” or any other program at any time for any reason. If you are removed, you will be contacted via e-mail.

Contact with Dial.

Dial will periodically contact Participants with information, updates and special offers via e-mail. We make all reasonable effort to review and edit each “Communication”. If there are any inaccuracies Dial will not be held responsible.

Polls, Surveys, and Sweepstakes.

From time to time, polls, surveys and sweepstakes sponsored by Dial, merchants and/or strategic partners may be available on the Website for Participants. You will not be required to participate in polls, surveys or sweepstakes in order to use the Website or access your account. Dial uses the data collected from these activities to assist it and its merchants, advertisers and strategic partners to provide you better services and products. To the best of Dial’s knowledge, no personally identifiable information is provided to merchants, advertisers or to strategic partners.

Indemnity.

You agree to indemnify, defend and hold harmless Dial, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Communications caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.

Comments, Complaints and Questions.

We welcome your feedback about the Website. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Website (including, without limitation, the Communications) shall be and remain the exclusive property of Dial, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.

Legal Compliance and Applicable Law

You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of this Website, and not to use this Website for any purpose that is contrary to any such laws, rules, regulations or orders.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Website shall be filed only in the state or federal courts located in the County of New York, State of New York, and you further agree and submit to the exclusive and personal jurisdiction of the State of New York and to the venue of the Supreme Court of New York, County of New York and the Federal District Court for the Southern District of New York, located in New York County, for the purpose of litigating any such claim or action and waive any objection to the propriety and convenience of venue of such courts.

The terms and conditions set forth above shall constitute the entire understanding between Dial and you.

Notices

Dial from time to time may send you legal or other required notices. You agree that Dial may provide to you required notices, agreements and other information electronically. We will post the notices on the home page of the Website or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Website. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Miscellaneous

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dial without restriction. The failure to require performance of any provision shall not affect Dial’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect. This Agreement constitutes the entire and exclusive understanding and agreement between you and Dial regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and Dial relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Website.

YOU AND DIAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated April 10, 2009