Terms of Use

Last Updated: August 122019

Please review these Terms of Use carefully. They include a binding arbitration clause (see section titled Dispute Resolution”) requiring arbitration of most claims instead of suing in court.

Thank you for visiting a Nestlé USA (“Nestlé” or We”) website. These Terms of Use govern your access to and use of all Nestlé websites, apps, digital experiences, social media platforms, or other services (“Services”). By accessing or using any Nestlé Services, you accept, without reserve, these Terms of Use. Nestlé reserves the right, at any time, to modify these Terms of Use by posting a new dated version on this website.

For a detailed description of our Terms of Use, please click on the topics below. 

  1. Ownership of Content
  2. License and Access
  3. User Content
  4. Copyright Complaints (DMCA policy) 
  5. Linking and Third Parties
  6. Fitness, Nutrition and Health Information 
  7. Privacy
  8. Conditions of Sale
  9. Dispute Resolution
  10. United States Only
  11. Disclaimer and Limitation of Liability
  12. Comments and Questions

1. OWNERSHIP OF CONTENT

All content included in or made available through any Nestlé Services, such as text, graphics, logos, button icons, images, videos, sounds, digital downloads, data compilations, software, scripts, service names, trade dress and other content (“Content”) is owned by Nestlé or others We license from, and is protected by United States and international copyright, trademark, patent and other laws. This includes the entire Content of this website, copyrighted and protected as a collective work. Nestlé reserves all rights not expressly granted to you in these Terms of Use. 

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2. LICENSE AND ACCESS

Subject to your compliance with these Terms of Use, Nestlé grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use Content solely for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of Content, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nestlé. Unauthorized use of Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties. 

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3. USER CONTENT

Some Nestlé Services may allow you to post or submit photos, videos, comments, communications, ideas and other content (“User Content”). If you do post or submit User Content, you grant Nestlé a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display that User Content throughout the world in any way and for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing products. You represent and warrant that you own or otherwise control all of the rights to User Content that you post or submit; that the User Content is accurate; that use of the User Content will not cause injury to any person or entity; and that you will indemnify Nestlé for all claims resulting from User Content that you supply. You agree not to submit any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and that any User Content you submit does not consist of or contain software viruses or any form of spam or unsolicited commercial electronic messages. Nestlé has the right but not the obligation to monitor and edit or remove any User Content. Nestlé takes no responsibility and assumes no liability for any User Content posted by you or any third party.

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Nestlé respects the intellectual property of others, and We ask our users to do the same. Nestlé may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users who infringe the copyright rights of others. 

If you believe that your work has been copied and is accessible on the Nestlé Services in a way that constitutes copyright infringement, you may notify Nestlé by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below: 

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; 
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material; 
  4. Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Please send notice to: 

Nestlé USA
Attn: Legal Department/​DMCA Notices
1812 N. Moore St.
Arlington, VA 22209 

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

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5. LINKING AND THIRD PARTIES 

The Nestlé Services may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). Nestlé does not endorse, monitor or have any control over these Third Parties or their activities, which are subject to separate terms of use and privacy notices. You should carefully review any Third Party’s sites and terms of use and privacy notice. Nestlé is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk. 

In general, Nestlé does not object to links to this website from third-party websites. 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. Do not present the link to this website in any way that suggests Nestlé 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 to do so. You may link to this website using the plain text name of the website. Link only to the home page of this website. Do not, without Nestlé’s written permission: (a) incorporate any content from this website into your website (e.g., by in-lining or framing); (b) use any Nestlé names, trademarks, slogans, or any other words or codes identifying Nestlé website in any metatag.” Nestlé will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Nestlé and its products. Nestlé reserves the right to cancel permission to link at any time, for any reason.

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6. FITNESS, NUTRITION AND HEALTH INFORMATION 

Some information presented on Nestlé Services is intended to impart general fitness, nutrition and health information. Nestlé is not engaged in rendering medical advice or services. The information presented on Nestlé Services is not intended for diagnostic or treatment purposes. You should consult your doctor for medical advice or services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of information you obtained from Nestlé Services.

Please note a few Nestlé web sites are clearly directed to medical professionals and the information contained on these web sites is not intended for general audiences.

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7. PRIVACY

Please review our Privacy Notice, which also governs your use of Nestlé Services and is a part of these Terms of Use.

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8. CONDITIONS OF SALE

Please review our Conditions of Sale, which also governs orders placed directly with us. 

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9. DISPUTE RESOLUTION

Except for lawsuits to enjoin infringement or other misuse of intellectual property rights, or claims that qualify for small claims court, any dispute or claim relating to your use of any Nestlé Services will be resolved by binding arbitration, rather than in court. This includes claims involving Nestlé USA and/​or any Nestlé USA affiliate, subsidiary, or parent company. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://​www​.jam​sadr​.com/​r​u​l​e​s​-​s​t​r​e​a​m​l​i​n​e​d​-​a​r​b​i​t​r​ation. The Minimum Standards are available at https://​www​.jam​sadr​.com/​c​o​n​s​u​m​e​r​-​m​i​n​i​m​u​m​-​s​t​a​n​dards.

You and We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and We each waive any right to a jury trial. You and We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights. 

Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. However, if your claim for damages does not exceed $75,000, Nestlé will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of Virginia, without regard to conflicts of law principles.

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10. UNITED STATES ONLY 

Unless otherwise specified, the materials in this website are presented solely for the purpose of promoting products or services available in the United States, its territories, possessions, and protectorates. Nestlé makes no representation that materials on this website are appropriate or available for use in other locations. If you access this website or Nestlé Services from locations other than the United States, you are responsible for compliance with any applicable local laws.

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11. DISCLAIMER & LIMITATION OF LIABILITY 

THE NESTLÉ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NESTLÉ SERVICES ARE PROVIDED ON AN AS ISAND AS AVAILABLEBASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NESTLÉ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NESTLÉ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NESTLÉ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NESTLÉ SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, NESTLÉ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORPARTICULAR PURPOSE. NESTLÉ DOES NOT WARRANT THAT THE NESTLÉ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NESTLÉ SERVICES, NESTLÉS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NESTLÉ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, NESTLÉ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF ANY NESTLÉ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NESTLÉ SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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12. COMMENTS AND QUESTIONS

For general comments and questions, please contact the Nestlé USA Office of Consumer Services:

Nestlé USA
Office of Consumer Services
1812 N. Moore St.
Arlington, VA 22209
18002252270
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