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NESTLÉ HEALTHCARE NUTRITION, INC.
WEBSITE TERMS & CONDITIONS

Introduction

Thank you for visiting a Nestlé HealthCare Nutrition, Inc. (“Nestlé HCN,” “Nestlé,” “we,” or “our”) website. Your access to and use of this website is subject to these terms and conditions (“Terms & Conditions”). Your use of this website constitutes acceptance of these terms. We may revise the Terms & Conditions at any time. Your continued use of this website means that you accept those changes. All rights not expressly granted herein are reserved to Nestlé HCN and its licensors.

Restrictions on Content and Use of Services

Copyright, Trademarks & Related Issues

All copyright, trademarks and other intellectual property rights in text, images and other materials on this website is owned by Nestlé HCN or its affiliates or other third parties who have licensed Nestlé HCN's use. You may print or download material from this website for your own personal, non-commercial use, provided all copyright or trademark notices are kept intact and the following notice is also used: Copyright 2012. Société de Produits Nestlé S.A., Vevey, Switzerland. No reproduction of any part of this website may be sold, distributed, or modified for commercial gain. Your use/misuse of the content displayed on this website, except as provided in these Terms & Conditions, is strictly prohibited. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including criminal prosecution.

User Submissions and Web Postings

The personal information you submit to Nestlé at this website is governed by the Privacy Policy. We encourage you to read our Privacy Policy before you submit any personal information to this website. The Privacy Policy is a part of these Terms & Conditions.

You agree not to submit any content that is in any way inappropriate, unlawful or offensive, as determined by us in our sole discretion. Nestlé assumes no responsibility for user submissions or postings. We may monitor, edit or delete any submission or posting. We may terminate a user’s access to the website upon breach of these Terms & Conditions or any applicable laws.

You retain ownership of any non-personal information, communications or material you submit or post to Nestlé at this website, by email, download or otherwise (collectively “Submission”). By making a Submission, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use and reproduce such Submission freely, for any purpose and on any medium. Any such use is without compensation to the person submitting. Submissions are non-confidential and Nestlé is under no obligation to use any Submission.

If Nestlé accepts your Submission, Nestlé does not waive any rights it may have to similar or related ideas previously known to us, developed by our employees, or obtained from sources other than you. By submitting information, you also warrant that you own the content submitted, that it is not unlawful or defamatory, and that Nestlé's use will not violate any third party's rights.

Nestlé will endeavor to fully cooperate with any law enforcement authorities or court order requesting or directing Nestlé to disclose the identity of anyone posting any such or materials.

Copyright Policy

Nestlé respects the intellectual property of others, and we ask you to do the same. 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.

If you believe that your work has been copied and is accessible on the website 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:

  1. 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.
  2. Identification of the content that you believe to be infringing and its location. Please describe the content, and provide us with its URL or any other pertinent information that will allow us to locate the content.
  3. Your name, address, telephone number, and (if available) email address.
  4. 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.
  5. 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.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Please send notice to:

Nestlé HealthCare Nutrition
445 State Street
Fremont, MI 49412

Or call: 1-888-240-2713

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

Linking

Links on this website may take you outside the Nestlé HCN network and systems. Nestlé accepts no responsibility for the content, accuracy or function of these other third party websites. The inclusion of any link to other websites does not imply endorsement by Nestlé. We highly recommend that you carefully read the legal and privacy notices of all other websites that you visit.

In general, Nestlé does not object to links to this website from third party websites. However, you must abide by the following rules:

  1. 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.
  2. Do not present the link to this website in any way that suggests Nestlé has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on your website, unless you have a specific written agreement with Nestlé to do so.
  3. You may link to this website using the plain text name of the website.
  4. Link only to the home page of this website.

Nestlé will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Nestlé and our products. We reserve the right to cancel permission to link at any time, for any reason.

Disclaimers

Fitness, Nutrition & Health Information

Information presented on this website is intended to impart general fitness, nutrition and health information. Nestlé is not engaged in rendering medical advice or services. The information presented on this website is not intended for diagnostic or treatment purposes. Nestlé has no intention of collecting medical information at this website. 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, treatment or diet and exercise plan. Do not delay or disregard professional medical advice because of the content included on this website.

Please note some content is clearly directed to medical professionals and the information contained on these pages marked, “For Healthcare Professionals,” is not intended for general audiences.

Jurisdictional Limitation and Applicable Law

The Nestlé products, materials, offers, and information appearing on this website are intended for United States customers. This website is controlled by Nestlé HCN from our offices in Florham Park, New Jersey, United States. Nestlé makes no representation that materials on this website are appropriate or available for use in other locations.

These Terms of Use are governed in accordance with the laws of the State of New Jersey, 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.

Limitation of Liability

Your use of and browsing on this website are at your own risk. Neither Nestlé nor any other party involved in creating, producing or delivering this website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this website. Without limiting the foregoing, everything on this website 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. 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 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 website.

To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé HCN, our officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.

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.

Online Purchases

If you elect to purchase a product through an online store operated by Nestlé HCN or by a vendor on our behalf ("Nestlé HCN Online Store"), you will be asked to provide your credit card information, including credit card number and billing and shipping addresses, as well as other basic contact information (e.g., phone, email address). This information is used to fulfill your purchase and confirm your order. If the online store you are visiting is operated by an unaffiliated third party, we may provide you a direct link to the third party store for your convenience. Please note, however, that these websites are not operated by Nestlé HCN and are not covered by our Privacy Policy. We are selective in who we choose to partner with to sell Nestlé products online and we will strive to work with online retailers who use industry-standard encryption when collecting and processing orders through their websites. We encourage you to read the privacy policy of the online store you are visiting before sharing any personal information such as your credit card number.

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Except as otherwise noted, all trademarks are owned by Société des Produits Nestlé S.A., Vevey, Switzerland. © 2015 Nestlé.