By accessing or using any features of this GOJO Dispenser Design Center Web Page (”Page”), you agree to be bound by these Terms and Conditions (“Terms”). For the purposes hereof, ‘you’ or ‘your’ refers to you, the user. ‘We’, ‘us’, ‘our’ and ‘GOJO’ refers to GOJO Industries, Inc. All visitors to and users of the Page (collectively, “Users”) are bound by these Terms.

Please note that the guidelines, policies and other terms and conditions of service and use of other Web Pages affiliated with GOJO may vary from these Terms.

These Terms set out the legally binding terms with respect to your use of the Page. Please read these Terms carefully. We reserve the right to modify these Terms at any time without prior notice to you. Therefore, we recommend that you read these Terms carefully each time you use this Page. Any modifications to the Terms will be effective upon posting. Your continued use of the Page after any modifications indicates your acceptance of the modified Terms.

Changes to the Page

You agree and understand that the Page, including any and all features available via the Page, may be modified by us, in our sole discretion, at any time without prior notice.

Requirements and Limitations

By using this Page, you may submit to us a trademark, logo, graphic, text or other written information (collectively, “Material”) you wish to have imprinted on your GOJO dispenser. Submissions must meet the following technical requirements:

• images must be submitted in a .PNG or .GIF file format, with a recommended maximum file size of 400 KB
• file sizes larger than 400 KB may fail to upload or resize correctly
• file resolution should be a minimum of 72 ppi
• materials will be placed according to the space available on the dispenser imprint area, and automatically reduces the overall size if necessary

In addition, GOJO will not accept for imprinting on your dispenser Materials which include:

• unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or otherwise suggestive wording or graphics,
• those that would encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

GOJO reserves sole discretion to not accept Materials based on their content.

Information Submission

In order to use the Page, you may be required to provide us with certain information, including your name, your company’s name, work phone number, work email address and work shipping address. You agree that the information provided will be accurate and complete, and you will inform us immediately of any updates or other changes to such information. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse use of, or to cancel your registration in our discretion.

Use of Page

You may use the Page solely to participate in the Dispenser Design Center application. By using the Page, you agree to and are subject to the following promotional parameters:

• You represent a GOJO distributor, associate distributor, dealer, or e-tailer facility.
• GOJO reserves the right to confirm purchase of dispensers with your supplier prior to shipment of customized dispensers.
• GOJO may audit your dispenser customization request, including the information you submit to us.
• GOJO may, at our sole discretion, reject dispenser customization requests based on a review of the information and Materials submitted.
• Processing fees apply and will be billed and processed through an authorized GOJO distributor partner.
• This offer is good only on orders shipped to addresses in the United States (including Alaska, Hawaii and the District of Columbia but excluding any territory).

The Materials

By submitting the Materials to us, you grant to GOJO a non-exclusive, perpetual, non-royalty bearing license (with a right to sublicense to selected GOJO contractors) to use the Materials for the purpose of stamping on, imprinting upon, affixing to or otherwise adhering the Materials to GOJO dispensers.

In providing the Materials to us, you represent and warrant to us that (a) you are the owner or an authorized licensee of the Materials; (b) you have all authority needed to grant this license to us; and, (c) the Materials do not infringe, misappropriate or violate any copyright, patent, trade secret, trademark or other proprietary rights of any third party.

You shall indemnify, defend and hold GOJO and its affiliates and subsidiaries, and their respective directors, officers, employees, agents and representatives, harmless from and against all third party suits, proceedings at law or in equity, claims, liabilities, costs, payments and expenses (including reasonable attorneys' fees) asserted against GOJO or incurred by GOJO, arising out of or in connection with (i) the breach, actual or alleged, of your representations and warranties contained herein; or (ii) any claim by any person regarding the Materials, including GOJO use thereof, and further including, by way of example and not limitation, claims in the nature of intellectual property infringement.

User Conduct

In using this Page, you agree to not:

• upload, download, post, email or otherwise transmit any material that 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;
• upload, download, post, email or otherwise transmit false or misleading information;
• disrupt or interfere with the security of, or otherwise abuse, the Page, or any services, system resources, accounts, servers, or networks connected to or accessible through the Page or affiliated or linked websites;
• access, tamper with or use non-public areas of the Page. Unauthorized individuals attempting to access these areas of the Page may be subject to prosecution;
• disrupt or interfere with any other users’ enjoyment of the Page or affiliated or linked websites;
• frame or link to the Page except as permitted in writing by GOJO
• incorporate images or names that would violate a person's right of privacy or publicity; or
• incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness.

Proprietary Rights

You retain all ownership rights to your Materials submitted to the Page. You acknowledge and agree that the Page and any software provided to you or used in connection with the Page ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with these, GOJO grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Page and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Page or the Software, in whole or in part.

Restrictions On Right To Use

Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity to):

• download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Page;
• remove any copyright, trademark or other proprietary rights notice contained in or on the Page;
• reformat or frame any portion of any Web pages that are part of the Page;
• create user accounts by automated means or under false or fraudulent pretenses;
• create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users' enjoyment of the Page;
• transmit or upload to the Page any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the, any other Web Page, or any computer or other device or system, or the enjoyment of the Page by any user;
• use the Page to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes); or
• submit to the Page any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the GOJO Dispenser Design Center Web Page to transfer or store illegal material, including any material deemed threatening or obscene.

Privacy

Use of the GOJO Dispenser Design Center Web Page is also governed by our Privacy Policy which we encourage you to review.

Ownership

As between you and us, the Page, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Page, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms shall be deemed to grant to you or any other user any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Page are the proprietary property of GOJO or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Page are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Page without our express written permission or the express written permission of trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours. 

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE PAGE, SERVICES, PRODUCTS, AND OTHER FEATURES CONTAINED IN OR DESCRIBED ON THE PAGE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE PAGE AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND FEATURES CONTAINED IN OR DESCRIBED ON THE PAGE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE PAGE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE WEB PAGE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND FEATURES CONTAINED IN OR DESCRIBED ON THE PAGE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE PAGE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE PAGE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation On Liability

IN NO EVENT SHALL GOJO OR ITS SUBSIDIARIES OR AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE PAGE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND FEATURES CONTAINED IN OR DESCRIBED ON THE PAGE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, GOJO' S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE PAGE OR ANY PART THEREOF, SERVICES, PRODUCTS, AND OTHER INFORMATION AND FEATURES CONTAINED IN OR DESCRIBED ON THE PAGE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED AND 00/100 ($100.00) DOLLARS (USD). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

In addition to your indemnification obligation set forth above, you agree to indemnify and hold GOJO and its respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorney's fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Page, (ii) your use of the Page, or (iii) your violation of these Terms

Third Party Advertisements And Links To Third Party Pages

We may display on the Page advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party pages. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked page, or any link contained in a linked page. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked page or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE PAGE, ANY PRODUCTS, SERVICES OR OTHER FEATURES RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY PAGE, OR ANY LINK CONTAINED IN A LINKED PAGE.

Applicable Laws/Disputes

By visiting Page, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and GOJO. Any dispute relating in any way to your visit to or participation on the Page shall be resolved in the federal or state courts located in Summit County, Ohio, and you consent to exclusive jurisdiction and venue in such courts. 

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind GOJO in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Page. These Terms, which shall be deemed accepted by you upon your use of the Page, constitute the entire agreement among you and GOJO regarding use of the Page. GOJO failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable by you, transferable or sub-licensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. 

We reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, terminating the registration of such violators or blocking such violators' use of the Page.