Terms of Use

Last Modified / Effective Date: June 17, 2025

YOUR AGREEMENT TO THESE TERMS OF USE

Prestige Consumer Healthcare Inc. and each of its affiliates and subsidiary entities (collectively, “Prestige,” “we,” “our,” or “us”) markets, sells, manufactures, and distributes consumer healthcare products to retail outlets in the US, Canada, Australia, and certain other international markets. We are headquartered in Tarrytown, NY.

These Terms of Use, together with any other documents they expressly incorporate by reference, govern your rights and responsibilities related to and in connection with your access to and use of our website located at https://www.prestigebrands.com and/or the websites of our affiliated brands listed at https://www.prestigebrands.com/products including, but not limited to, Americaine, Anacin, Auro-Dri, Bacid, Beano, BC, Boil-Ease, Boudreaux’s Butt Paste, Caldesene, Chloraseptic, Clear Eyes, Compound W, Debrox, DenTek, Diabetic Tussin, DiabetAid, Dermarest, Dramamine, Ecotrin, Efferdent, Effergrip, Fleet, Gly-Oxide, Goody’s, Kondremul, Little Remedies, Luden’s, Monistat, Murine Ear, NasalCrom, New Freshness, Nix, Norforms, Nostrilla, Nytol, Orabrush, Pedia-Lax, Percogesic, Phazyme, Stanback, Stye, Sucrets, Summer’s Eve, The Doctor’s, TheraTears, Tagamet, Mag-Ox, Sominex, Uristat, Uro-Mag, Vitron-C and Zostrix, as well as our social media pages, including our Facebook/Meta pages and YouTube channel, including any content, functionality, and services offered on or through the websites (referred to individually and collectively as “Website”). These Terms of Use constitute a legally binding agreement made between you, whether individually or collectively with any entity or person whom you represent or on whose behalf you are acting (collectively, “you” or “user”) and us.

THIS TERMS OF USE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (SECTION 7), LIMITATION OF LIABILITY (SECTION 7), BINDING ARBITRATION CLAUSE (SECTION 9), AND CLASS ACTION WAIVER (SECTION 9). PLEASE READ THEM CAREFULLY.

By clicking on the hyperlinks, you may access our Privacy Notice and Advertising and Cookie Policy which identifies personal data we collect, how we use it, share it, protect it, and any data rights you may have.

Please read the Terms of Use carefully before you use the Website. Your use of our Website and/or services constitutes your express acknowledgment and acceptance of this Agreement. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING OUR WEBSITE, WHETHER IN PART OR IN WHOLE.

MODIFICATION AND CHANGES TO THE TERMS OF USE

We may revise and update the Terms of Use from time to time in our sole discretion. All changes are effective immediately upon posting. Each time you visit our Website, you should visit this page to determine whether the Terms of Use have been modified. Your continued use of the Website means that you accept and agree to the changes. Please check this page regularly to ensure you are aware of updates as such updates are binding.

1. ACCESS

a. Scope and Interruption. You agree to access and use only those portions of our Website as permitted by these Terms of Use and for no other reason. We cannot guarantee that our Website will be available at all times. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Website during any downtime or discontinuance of it, or for any loss, damage, acquisition, or alteration of data. Nothing in these Terms of Use will be construed to obligate us to maintain or support our Website, or to supply any corrections, updates, or releases in connection with our Website. We will not be liable to you or any third party for any modification, suspension, or discontinuance of our Website.

b. Age Restriction. You must be at least eighteen (18) years of age to access or use our Website. If you are under eighteen (18) years of age, you are prohibited from using our Website.

c. International. The information provided on our Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. You also understand that Prestige is located in the United States and operates under US law. Accordingly, if you choose to access or use our Website from locations outside the US, you expressly agree that you do so at your own risk and that you are solely responsible for compliance with local laws to the extent applicable.

2. INTELLECTUAL PROPERTY RIGHTS

a. IP Rights. Our Website, and all information, materials, and products provided by us in connection with it, are our proprietary property (“Materials”). All Materials, source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on our Website (collectively, “Content”), including all rights to Content like copyrights, trademarks, service marks, logos, trade secrets, patents, or moral rights contained therein (“Rights and Marks”), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and/or various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Rights and Marks on our Website are provided “AS IS” and solely for your informational use in connection with your access and use of our Website pursuant to these Terms of Use.

These Terms of Use permit you to use the Website for your personal, non-commercial use, which such permission we may revoke at any time as described below. We reserve all rights not expressly granted to you in and to our Website, Content, and Rights and Marks. Except as expressly provided in these Terms of Use, no Content, Rights and Marks, or any part of our Website may be copied, reproduced, aggregated, republished, decompiled, reversed engineered, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our prior and express written permission.

b. Your Feedback. We welcome you to share with us any feedback, suggestions, or ideas that you have about us, our products, our Website, or other products or services that we may offer or could offer (“Feedback”). You agree that in sharing your Feedback to us, such Feedback is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of your Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that such Feedback is original with you or that you have the right to submit it. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

c. Digital Millennium Copyright Act. Prestige respects intellectual property rights of others and takes such rights seriously. If you believe that any content on this Website infringes upon your copyright, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (DMCA) by providing our designated copyright agent with the following information in writing:

  • 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  • 2. A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • 3. Identification of the material that you claim is infringing, including a description of the infringing activity and the specific location on the Website where the alleged infringement occurs;
  • 4. Your contact information, including your name, address, telephone number, and email address;
  • 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: Prestige Consumer Healthcare, Inc., ATTN: General Counsel, 660 White Plains Rd., #250, Tarrytown, NY 10591, or by email to [email protected]. We maintain a policy to terminate in appropriate circumstances any or all use privileges to our digital network for repeat infringers of copyright rights. Please Note: Our Copyright Agent has no responsibility for and will not respond to Usage/Reprint permission requests or Subscriber/Customer Service inquiries.

3. REPRESENTATIONS MADE BY YOU AND PROHIBITED ACTIVITIES

a. Your Representations and Warranties. By agreeing to these Terms of Use and accessing and using our Website, you represent and warrant that you agree to comply with these Terms of Use, including any restrictions to scope of access to or use of our Website, that you are not under the age of 18, and that you have the legal capacity to enter into these Terms of Use.

b. Prohibited Activities. You may not access or use our Website for any purpose other than that for which we make our Website available per these Terms of Use. Our Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing. In addition to your representations and warranties above, when you use our Website, you expressly and affirmatively agree not to:

  • Use our Website for any illegal or unauthorized purpose, including without limitation to violate the privacy or data rights of others, or to violate any applicable law;
  • Use our Website for any commercial purpose or any other purpose other than to engage and employ our Website consistent with these Terms of Use;
  • Violate any applicable law, regulation, or rule, or any privacy or publicity right of any third party;
  • Circumvent, disable, or otherwise interfere with any of our company’s, affiliated companies’, or our Website’s security-related features;
  • Interfere with, disrupt, or create an undue burden on our Website or the networks or services connected to our Website, including without limitation the uploading or transmission of (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Website or modifies, impairs, disrupts, alters, or interferes with the use of our Website or any of its features, functions, operation, or maintenance;
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation any form of “spyware” or “passive collection mechanisms” or “pcms”;
  • Upload or otherwise provide us with biometric data;
  • Retrieve data or other content from our Website in contradiction to these Terms of Use, or to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • Access our Website through automated or non-human means, whether through a bot, script, or otherwise, or engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. This prohibition includes, except as may be the result of use of standard search engines or browsers the use, launch, or distribution of any spider, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Website, delete the copyright or other proprietary rights notice from any Content, or copy or adapt our Website’s code or any part or component of our Website;
  • Use our Website as part of any effort to compete with us or otherwise use our Website and/or the Content or Materials for any revenue-generating endeavor or commercial enterprise;
  • Harass, annoy, intimidate, abuse, harm, disparage, tarnish, or otherwise harm, in our opinion, us, our Website, or another person or organization, or to use any information obtained from our Website to accomplish such purpose; and/or
  • Otherwise attempt to interfere with the proper working of the Website

If you violate these prohibitions, you agree that we have the right to suspend or terminate your access or ability to use our Website (or your organization’s ability to access and use our Website), including removal of your data, and to refuse any and all current or future use of our Website (or any portion thereof). You also agree that we have the right to refer any matter to law enforcement to protect our rights and/or the rights of others.

4. TERM AND TERMINATION

WITHOUT LIMITING ANY OTHER PROVISION HEREIN, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE OR TO DENY ACCESS TO AND/OR USE OF OUR WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES AND REMOVAL OF DATA), TO ANY PERSON OR ORGANIZATION FOR ANY REASON (OR FOR NO REASON), INCLUDING WITHOUT LIMITATION, FOR BREACH OF THESE TERMS OF USE OR ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED HEREIN, OR FOR VIOLATION OF ANY APPLICABLE LAW.

5. WEBSITE MANAGEMENT AND PRIVACY

a. Website Management. We reserve the right, but not the obligation, in our sole discretion and without limitation, to: (1) monitor our Website for violations of these Terms of Use; (2) take any legal action we deem appropriate against anyone who, in our sole discretion, violates any law or these Terms of Use, including without limitation, reporting such violation to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent reasonably feasible) any of your Feedback; (4) without notice or liability, to remove from our Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and/or (5) otherwise manage our Website in a manner designed to protect our rights and property, the rights and property of others, and/or to facilitate the proper functioning of our Website.

b. Privacy. We explain and disclose the types of personal data we collect, how we use your personal data, how and with whom we may share your personal data, the security we employ to protect your personal data in connection with our collection of it, and rights and choices you may have regarding your personal data in our Privacy Notice, which you should review. You agree that you acknowledge the Privacy Notice by your use of our Website and/or services.

6. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting our Website, sending us emails, and/or completing any online form constitutes electronic communications.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR WEBSITE. In addition, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery, delivery in writing by non-electronic means, or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

7. DISCLAIMERS, LIMITATION OF LIABILITY 

a. Disclaimers, No Warranties.

OUR WEBSITE AND OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THEM, INDIVIDUALLY OR COLLECTIVELY, WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THEM, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE’S CONTENT OR SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THEM, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING OUT OF YOUR ACCESS TO OR USE OF THEM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THEM, INCLUDING OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION PROCESSED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY WEBSITE CONTENT OR OUR SERVICES FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED ARISING OUT OF ANY USE OF THEM, INCLUDING ANY WEBSITE CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PERSON, OR ORGANIZATION THAT ACCESSES OUR WEBSITE, OR OTHERWISE IS MADE KNOWN BY, THROUGH, OR IN CONNECTION WITH OUR WEBSITE. WE DO NOT MAKE ANY WARRANTIES AS TO ANY USER CONTENT. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

b. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR ANY OF OUR DIRECTORS, MEMBERS, STOCKHOLDERS, PARTNERS, EMPLOYEES, OFFICERS, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OR THEFT OF DATA, OR OTHER DAMAGES ARISING FROM USE OF OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $10.00 USD, WHICHEVER IS LESS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

c. No Liability for Disputes Between Users

YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHERS, INCLUDING OTHER USERS OF OUR WEBSITE, AND WE HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND THEM. YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS, AND YOU EXPRESSLY AGREE TO EXONERATE US FROM ANY AND ALL RESPONSIBILITY AND TO REFRAIN FROM ANY LEGAL ACTION AGAINST US REGARDING ANY OTHER PERSON, ORGANIZATION, OR USER.

d. Basis of the Bargain.

YOU UNDERSTAND AND AGREE THAT THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US REGARDING YOUR ACCESS TO AND USE OF OUR WEBSITE.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our directors, officers, agents, partners, members, stockholders, and employees (collectively herein, “us” or “we”), from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of our Website; (2) your breach of these Terms of Use; (3) your violation of the rights of a third party, including but not limited to intellectual property rights and privacy rights, in connection with the use of our Website; (4) any overt harmful act toward any other user of our Website; and/or (5) your Feedback. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

9. DISPUTE RESOLUTION

a. Binding Arbitration 

We hope we never have a Dispute with you. However, if we do, in order to expedite any such Dispute’s resolution and control the cost, you and we agree first to attempt to negotiate any dispute (except for “Excepted Disputes” expressly provided below) informally for at least sixty (60) days. If you have a Dispute with us, you may notify us at the Contact Us information further below. Please provide us with a detailed notice including your full name, your address, your telephone number, your email address, information sufficient for Prestige to identify any transaction, product, or interface at issue, a detailed description of your Dispute and the basis of it, and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this notice. Likewise, Prestige agrees that if we have a Dispute with you, we will first send a detailed notice to an email address or address we have on file, and will likewise set forth information sufficient for you to identify any transaction at issue, a detailed description of the Dispute and the basis of it, and the nature and basis of the relief you are seeking with a calculation for it.

You and Prestige agree to negotiate in good faith. Compliance with and completion of this mandatory pre-suit resolution process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and Prestige agree that any action commenced in court or arbitration without first exhausting this mandatory informal pre-suit resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Dispute without first providing the above notice or other participating in good faith in this mandatory pre-suit resolution process.

After sixty (60) days, we may commence an arbitration if the Dispute is not resolved. Any appeal of an arbitration award, to the extent permitted below, must be made before the state or federal courts of Westchester County, New York. This arbitration agreement shall survive the termination of your relationship with us.

For this section, “Dispute” means any claim or controversy between you and us relating to, arising out of, directly or indirectly, in connection with, or concerning our Website, including without limitation our Privacy Notice and/or these Terms of Use, or under any theory of recovery including contract, tort, warranty, statute, regulation, or common or civil law.

Excepted Disputes. Disputes involving or concerning (a) the enforcement, validity, or protection of our intellectual property, (b) relating to or arising from allegations of theft, piracy, plagiarism, or unauthorized use of our Website against you; and/or (c) any claim for injunctive relief are not subject to the binding arbitration hereunder. Such Disputes, however, must be made before the state or federal courts of Westchester County, New York, and remain subject to the class action waiver set forth further below.

Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis under the above class action waiver, and subject to a potential collective damages award of $15,000 (USD) or less.

b. Arbitration Procedure

Only in jurisdictions where applicable law prohibits the class action waiver from applying to Disputes brought in Court, the DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. The Federal Arbitration Act and federal arbitration law apply to this arbitration clause. By agreeing to arbitration, you and Prestige are not limiting in any way either of our statutory or common law rights or potential remedies to which either of us would be entitled to if our Claim were instead being heard in a court. Each party shall be responsible for their own costs and expenses incurred in connection with the arbitration proceedings.

Any arbitration will be administered by National Arbitration and Mediation (“NAM”) and governed by NAM’s applicable rules (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"), as modified by these Terms of Use.

  • You may obtain a form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at [email protected], or by requesting them in writing at the Contact Us information.
  • This form, along with a certification under penalty of perjury of compliance, must both be personally signed by the party initiating arbitration (and their counsel, if represented) and a copy must also be sent to us.
  • You and Prestige agree that any counsel representing a party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented parties and counsel if the arbitrator determines a claim is frivolous.

The arbitration shall occur through the submission of documents to one arbitrator. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place exclusively in Westchester County, New York. You and Prestige shall endeavor to select an arbitrator or hearing officer(s) after commencement of the action in accordance with NAM’s rules and procedures. If you and Prestige cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to NAM. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.

All issues relating in any way to arbitration, including the applicability, scope, and enforceability of the arbitration provisions of these Terms of Use, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between you and Prestige and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court. For discovery, You and Prestige agree that

  • Each party shall each be limited to a maximum of one (1) fact witness deposition per side, unless we agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery).
  • Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.”
  • The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.

In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Dispute. If the award is issued in the defending party's favor, or in the other party’s favor but is less than the defending party’s settlement offer, then the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Dispute may be entitled for the cause of action under which it is suing.

To the extent an arbitration falls within NAM’s definition of a mass filing, you and Prestige agree to the procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules," available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the mandatory pre-suit resolution process is initiated, until the Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Opt-Out. You have the right to opt out of the provisions of these Terms that mandate arbitration by sending written notice of your decision to opt out to [email protected] within thirty (30) days after first becoming subject to a version of these Terms of Use containing an arbitration provision. Your notice must include your name, postal address, and email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of these Terms of Use will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us, including if you originally did not opt-out of arbitration when you agreed to these Terms of Use.

c. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PRESTIGE AGREE THAT ANY DISPUTE OR OTHER CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. You agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. Class actions, private attorney general actions, and other consolidated actions are not allowed. Claims regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. Together, the terms in this Section 9(c) shall be called and operate as the “Class Action Waiver.”

Where permissible, and to the fullest extent permitted by applicable law, claims must be brought in court, and only on an individual basis in accordance with the class action waiver. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the parties mutually waive their right to have their claim decided by a jury. This Class Action Waiver agreement shall survive the termination of your relationship with us.

d. Limited Time to Commence a Dispute. In no event shall any Dispute brought hereunder by either party be commenced more than one (1) year after the cause of action arose.

e. Forum Selection Cause. If these provisions are found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of the provision found to be illegal or unenforceable, and such Dispute shall be decided solely and exclusively by the state or federal courts located in Westchester County, New York. The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in Westchester County, New York, state or federal courts. You agree that application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

f. Limitation on Time to File Claims.

ANY CAUSE OF ACTION YOU MAY HAVE RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10. MISCELLANEOUS

a. Governing Law. These Terms of Use and your use of our Website are governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law principles or international conventions, including without limitation the Uniform Computer Information Transactions Act or the U.N. Convention on the International Sale of Goods.

b. California Residents. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

c. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

d. Survival. In the event of termination of our relationship, including your right to access or use our Website, whether by you or by us, the following sections of these Terms of Use shall survive: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10.

e. No Relationship. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of our Website.

f. Drafting. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

g. Reliance on Information Posted. Information presented on the Website is made available for general information purposes only. Prestige does not warrant the completeness or accuracy of this information. Any reliance placed on information presented on the Website is strictly at your own risk, and Prestige disclaims all liability and responsibility arising from such reliance.

h. Links from the Website. The Website may contain links to other sites or third-party resources. These links are provided for your convenience only, including links contained in advertisements. We have no control over the contents of third-party sites or resources and have no liability arising from your use of these third-party sites or resources. Access to third-party websites and resources is at your own risk and subject to the terms of use of such websites.

PRIVACY RIGHTS AND PRACTICES

The information we collect on this Website is subject to our Privacy Notice and Advertising and Cookie Policy. By using this Website, you agree to the terms of these policies.

CONTACT US

In order to resolve a complaint regarding our Website or to receive further information regarding use of our Website, you may contact us at Prestige Consumer Healthcare Inc., ATTN: Privacy, 660 White Plains Rd., #250, Tarrytown, NY 10591.