Terms and Conditions

Effective Date: June 1, 2024

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 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 (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.

PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN THE DISPUTE RESOLUTION SECTION BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. THERE IS ALSO A CLASS ACTION WAIVER PROVISION. Both affect your rights on how to resolve disputes.

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

By clicking the checkbox for our Website, you expressly acknowledge and agree that you have read, understand, and agree to be bound by these Terms of Use, and that you have read, understand, and consent to our data collection, processing, and use practices outlined in our accompanying Privacy Notice (or supplementary jurisdiction-based notices, if applicable). 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.

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.

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.

Digital Millennium Copyright Act. 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 GeneralCounsel@PrestigeBrands.com. 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 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; and/or
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.

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

We reserve the right, but not the obligation, in our sole discretion and without imitation, 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.

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 IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE, 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, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING OUT OF YOUR ACCESS TO OR USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE, 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 FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED ARISING OUT OF ANY USE OF OUR WEBSITE, INCLUDING ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE.

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

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. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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 your name, how to contact you, what your concern is, and how you would like your concern resolved. 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

Arbitration of any disputes arising under these Terms of Use are subject to the sole discretion of Prestige. If arbitration is elected, you and we agree to binding arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not before a court, judge, or jury. The arbitrator’s decision will be final except for a limited right of appeal under the FAA. The venue for arbitration shall be Westchester County, New York. Each party shall be responsible for their own costs and expenses incurred in connection with the arbitration proceedings.

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.

AAA shall conduct the arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect upon first notice of a Dispute and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow New York law. Except where otherwise required by the applicable AAA rules or applicable law, or upon subsequent agreement of the Parties, the arbitration will take place in Westchester County, New York. The parties may litigate in a court of competent jurisdiction to compel arbitration, stay proceedings pending arbitration, or to enforce an arbitration award.

30-day Right to 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 privacy@PrestigeBrands.com 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 your originally did not op-out of arbitration when you agreed to these Terms of Use.

c. Class Action Waiver.

Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceeding where someone acts on a representative capacity are not allowed. Nor is it allowed to combine the proceedings of two or more individuals without prior consent of all parties. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CAN’T BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. 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.

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. No Waiver. 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.

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.