NESTLÉ MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
EFFECTIVE: 4/18/2007

TERMS AND CONDITIONS OF USE – PLEASE READ CAREFULLY

Thank you for visiting a Nestlé’s USA (“Nestlé ”) website. Nestlé maintains this website (the “Site”) for your personal entertainment, information, education and communication. Your access to and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and Nestlé regarding this Site are superseded and of no force or effect.

Copyright

This Site belongs to Nestlé. Nestlé or other third parties who have licensed Nestlé’s use own the copyright to the contents of this Site. You may download only material displayed and identified on the Site as specifically available for downloading. Such material is for noncommercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Nestlé’s written permission.

Submissions to the Site

Any non-personal information, communications or material you submit to Nestlé at this Site, by e-mail, download, or otherwise (“Submission”), is non-confidential, and Nestlé is free to use and reproduce such Submission freely, and for any purpose. Specifically, Nestlé is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. Any such use is without compensation to the person submitting. If Nestlé accepts your submission and specifically agrees to keep it confidential or not use it, nevertheless, Nestlé does not waive any rights it may have to similar or related ideas previously known to Nestlé or developed by its employees, or obtained from sources other than you.

You further acknowledge and warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use, and that Nestlé’s use will not violate any third party’s rights.

Nestlé is under no obligation to use any Submission.

Related Issues

Although Nestlé may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site (“Postings”), Nestlé is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Nestlé will fully cooperate with any law enforcement authorities or court order requesting or directing Nestlé to disclose the identity of anyone posting any such information or materials. Nestlé may remove Postings at any time, and for any reason.

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, subscribers, registrants and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Site 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
800 N. Brand Blvd.
Glendale, CA 91203

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.

Trademark

The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on the Site belong to Nestlé or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this 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 Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. Nestlé has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.

In general, Nestlé does not object to links to this Site 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 Site 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 Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without Nestlé’s written permission: (a) incorporate any content from this Site 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 Site 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.

Fitness, Nutrition, & Health Information

Information presented on Nestle web sites 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 site 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 something you have read on this Site.

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.

Privacy Policy

Along with our Terms and Conditions, we encourage you to read our Privacy Policy and refer to it before you submit any personal information to this Site. The Privacy Policy is a part of these Terms and Conditions.

Jurisdictional Issues

The Nestlé products, materials, offers, and information appearing on this Site are intended for U.S. visitors/customers. This Site is controlled by Nestlé USA from its offices in Glendale, California, 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 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. 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 Site.

Additionally, software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.