Last Updated: August 12, 2019
- Ownership of Content
- License and Access
- User Content
- Copyright Complaints (DMCA policy)
- Linking and Third Parties
- Fitness, Nutrition and Health Information
- Conditions of Sale
- Dispute Resolution
- United States Only
- Disclaimer and Limitation of Liability
- Comments and Questions
1. OWNERSHIP OF CONTENT
2. LICENSE AND ACCESS
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.
4. COPYRIGHT COMPLAINTS (DMCA POLICY)
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:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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;
- 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
- 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:
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.
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.
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.
8. CONDITIONS OF SALE
Please review our Conditions of Sale, which also governs orders placed directly with us.
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.
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.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards.
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)).
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.
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 IS” AND “AS AVAILABLE” BASIS, 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 FOR A PARTICULAR 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, NESTLÉ’S 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.
12. COMMENTS AND QUESTIONS
For general comments and questions, please contact the Nestlé USA Office of Consumer Services:
Office of Consumer Services
1812 N. Moore St.
Arlington, VA 22209