Thank you for visiting a Nestlé HealthCare Nutrition, Inc. (HCN) website (the “Site”). Our lawyers have asked us to communicate a few key points (“Terms and Conditions”) to you. They are listed below and by accessing this Site you are, in effect, agreeing to the following Terms and Conditions and the Privacy Policy. If you do not agree to all of these Terms and Conditions and the Privacy Policy, please do not use this Site.
Nestlé HCN may revise these Terms and Conditions at any time. Your continued use of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law including, but not limited to, United States copyright laws and international treaties.
Use Restrictions
This is a Nestlé HCN Site. The content of this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, and other materials (“Content”) is owned by Nestlé or other third parties who have licensed Nestlé's use. Users may download Content from this site for their own lawful, personal, non-commercial use only, and provided you include the following copyright notice: “Copyright © 2011, Société de Produits Nestlé S.A., Vevey, Switzerland. All rights reserved.” Any additional copyright notices must also be kept intact. Any use of the Content not expressly permitted by these Term and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Except as stated herein, any other copying, reproducing redistributing, or republishing, downloading, displaying, posting, or transmitting of any Content in any manner without the prior written permission of Nestlé HCN is prohibited. The use of the Content on any other Site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Nestlé HCN and its licensors. If you violate any of these Terms and Conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
You may not, without Nestlé HCN’s written permission, “mirror” any content contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Nestlé HCN reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
User Submissions
Nestlé HCN does not claim ownership of any information or material you provide to Nestlé HCN or post, upload, input, submit, or transmit to the Site (each a “Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: make any Submission that is an advertisement or solicitation of business; disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); post a chain letter or pyramid scheme; impersonate another person; distribute viruses or other harmful computer code; harvest or otherwise collects information about others, including email addresses, without their consent; post the same note more than once or “spamming”; or engage in any other conduct that restricts or inhibits any other person from using or enjoying the website, or which, in the judgment of Nestlé HCN, exposes Nestlé HCN or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary and Nestlé HCN is free to use and reproduce such information freely, and for any purpose. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Nestlé HCN a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, creative derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Nestlé HCN is not required to use any Submission.
Specifically, Nestlé HCN is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including developing, manufacturing, advertising and marketing products. Any such use is without compensation to the party submitting the Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submission. Nestlé HCN is not responsible for the consequences of any Submission. Nestlé HCN is not responsible for screening or monitoring any Submission made to this Site by users. If notified by a user of a Submission allegedly in violation of these Terms and Conditions, Nestlé HCN may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submissino. Nestlé HCN will have no liability or responsibility to users for performance or nonperformance of such activities.
Nestlé HCN reserves the right (but is not obligated) to record the dialogue on the Site; investigate an allegation that a Submission does not comply with these Terms and Conditions and determine in its sole discretion to remove or request the removal of the Submission; remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms and Conditions; terminate a user’s access to any or all parts of the website upon any breach of these Terms and Conditions or the law; monitor, edit, or disclose any Submission; edit or delete any Submission posted on the website, regardless of whether such Submission violates these Terms and Conditions.
Copyright, Trademark, and Related Matters
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this web site belong to Société des Produits Nestlé S.A., Vevey, Switzerland, unless otherwise noted. Nothing contained on this Web site should be construed as granting any license or right to use any Trademark displayed on this Web site. Your use/misuse of the Trademarks displayed on this Web site, or any other content on this Web site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Nestlé will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Linking
This Web site may contain links to other Web sites. These links are to companies or organizations we believe you may have an interest in. Nestlé HCN is not responsible for the content of any other site or for ongoing review of other sites. Please be mindful of this as you link to other sites.
In general, Nestlé HCN does not object to links to this Site from third-party sites. However, you must abide by the following rules:
Unless we have a written agreement with you, you may not use any of Nestlé's trademarks, logos or slogans in or with your links, except that you may link to this Site using the plain text name of the Site. Do not present the link to this Site in any way that suggests Nestlé HCN has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with Nestlé HCN to do so. Link only to the home page of this Site. Do not, without Nestlé HCN's written permission: (a) incorporate any Content from this Site into your site (e.g., by in-lining or framing); (b) use any Nestlé HCN names, trademarks, slogans, or any other words or codes identifying Nestlé HCN sites in any "metatag" or other information used by search engines or other information location tools to identify and select sites. Nestlé HCN will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful site, or any site that may adversely affect the name, reputation and goodwill of Nestlé HCN and its products. Nestlé HCN reserves the right to cancel permission to link at any time, for any reason.
Nutrition and Health Information
Medical Content Disclaimer: The contents and information on the HealthCare and Nutritional Web site are for your informational use only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. We suggest that you seek the advice of your physician or qualified healthcare provider with any questions you may have regarding a medical condition, illness or treatment. Do not delay or disregard professional medical advice because of the content included on this Web site.
Jurisdictional Issues
The Nestlé products, materials, offers, and information appearing on this site are intended for U.S. customers. This site is controlled by Nestlé HCN from its offices in Minneapolis, Minnesota, United States. Nestlé makes no representation that materials on this site are appropriate or available for use in other locations.
Limitation of Liability
Your use of and browsing on this Site are at your own risk. Neither Nestlé HCN nor any other party involved in creating, producing or delivering this Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NESTLÉ HCN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NESTLÉ HCN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NESTLÉ HCN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. Nestlé HCN assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site.
Indemnity
You agree to defend, indemnify, and hold Nestlé HCN, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your Submission, use of the Site or Content, or your violation of these Terms and Conditions.
General
Nestlé HCN operates this website from its offices within the United States of America, and makes no claims that the Content or a Submission is appropriate or may be downloaded outside of the United States of America. Access to the Content or a Submission may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Limitation of Liability, Use Restrictions, User Submissions, Indemnity, Applicable Laws, and Complete Agreement.
Appicable Laws
These Terms of Use are governed in accordance with the laws of the State of Minnesota, United States of America, without regard to its conflict of law provisions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Take Down Procedures; and Copyright Agent
If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Nestlé HCN (address identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
- Your name, address, telephone number, and (if available) email address.
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Nestlé HCN’s address for copyright issues relating to this website is as follows:
Nestlé HCN
445 State Street
Fremont, MI 49412
Or call: 1-888-240-2713
In an effort to protect the rights of copyright owners, Nestlé HCN maintains a policy for the termination, in appropriate circumstances, of users of this website who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Nestlé HCN on this Site, these Terms and Conditions, including Nestlé HCN Privacy Policy, constitute the entire agreement between you and Nestlé HCN with respect to the use of the Site and Content.
NESTLÉ MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING.