Terms & Conditions
NESTLÉ HEALTHCARE NUTRITION MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
EFFECTIVE: JULY 28TH, 2014
LAST UPDATED: JUNE 10TH, 2017
TERMS AND CONDITIONS OF USE - PLEASE READ CAREFULLY
Thank you for visiting a Nestlé HealthCare Nutrition, Inc. d/b/a Nestlé Health Science ("Nestlé HealthCare Nutrition") website or mobile application. Nestlé HealthCare Nutrition maintains this website or mobile application (the "Site") for your personal education, information, entertainment 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and acknowledge that any other agreements between you and Nestlé HealthCare Nutrition regarding this Site are superseded and of no force or effect.
This Site belongs to Nestlé HealthCare Nutrition. Nestlé HealthCare Nutrition or other third parties who have licensed Nestlé HealthCare Nutrition’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 HealthCare Nutrition’s written permission.
Submissions to the Site
Any non-personal information, communications or material you submit to Nestlé HealthCare Nutrition at this Site, by email, download, or otherwise ("Submission"), is non-confidential, and Nestlé HealthCare Nutrition is free to use and reproduce such Submission freely, and for any purpose. Specifically, Nestlé HealthCare Nutrition 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 HealthCare Nutrition accepts your submission and specifically agrees to keep it confidential or not use it, nevertheless, Nestlé HealthCare Nutrition does not waive any rights it may have to similar or related ideas previously known to Nestlé HealthCare Nutrition 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 HealthCare Nutrition’s use will not violate any third party's rights.
Nestlé HealthCare Nutrition is under no obligation to use any Submission.
Although Nestlé HealthCare Nutrition may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site ("Postings"), Nestlé HealthCare Nutrition 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 HealthCare Nutrition will fully cooperate with any law enforcement authorities or court order requesting or directing Nestlé HealthCare Nutrition to disclose the identity of anyone posting any such information or materials. Nestlé HealthCare Nutrition may remove Postings at any time, and for any reason.
Copyright Complaints (DMCA policy)
Nestlé HealthCare Nutrition respects the intellectual property of others, and we ask our users to do the same. Nestlé HealthCare Nutrition 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 HealthCare Nutrition 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:
Nestlé HealthCare Nutrition, Inc.
Attn: Legal Department
1007 U.S. Highway 202/206
Bridgewater, NJ 08807
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.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Nestlé HealthCare Nutrition 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 HealthCare Nutrition will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
This Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. Nestlé HealthCare Nutrition 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 HealthCare Nutrition 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 HealthCare Nutrition’s trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests Nestlé HealthCare Nutrition 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 HealthCare Nutrition 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 HealthCare Nutrition’s written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any Nestlé HealthCare Nutrition names, trademarks, slogans, or any other words or codes identifying Nestlé HealthCare Nutrition Site in any "metatag". Nestlé HealthCare Nutrition will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Nestlé HealthCare Nutrition and its products. Nestlé HealthCare Nutrition reserves the right to cancel permission to link at any time, for any reason.
Fitness, Nutrition, & Health Information
Information presented on this Site is intended to impart general fitness, nutrition and health information. Nestlé HealthCare Nutrition is not engaged in rendering medical advice or services and submission of information to the Site and use of any services available on the Site does not create a doctor-patient relationship. THE INFORMATION PRESENTED ON THIS SITE IS NOT INTENDED FOR TREATMENT OR DIAGNOSTIC PURPOSES. You should consult your doctor for medical advice or services, including seeking advice regarding a medical condition, illness, treatment and prior to undertaking a new diet or exercise program or utilizing any related services on the Site. 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 that some Nestlé HealthCare Nutrition web sites are clearly directed to medical professionals and the information contained on these web sites is not intended for general audiences.
Auto Reorder and Cancellation Terms
Auto Reorder Terms
Your auto reorder begins as soon as your initial payment is processed. Your auto reorder will automatically renew and you will continue to be charged on a recurring basis based on the frequency period you select (i.e., 4, 8, 12, or 16 weeks) and without notice until you cancel. You authorize Nestlé HealthCare Nutrition or its payment processing provider(s) to store your payment method(s) and to automatically charge your payment method(s) based on the frequency period you select until you cancel. We will automatically charge you the then current, non-promotional price for your product, plus applicable taxes and shipping, each frequency period upon renewal until you cancel. YOU ACKNOWLEDGE AND AGREE THAT NESTLÉ HEALTHCARE NUTRITION WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.
We may change the price of your product during your auto reorder term, and we will notify you of any price change with the option to cancel. If you do not agree with a price change, you have the right to reject the change by cancelling your auto reorder prior to the next auto reorder term as described in the “Cancellation Terms” section below. Please make sure that you read any notifications of price changes carefully.
If your primary payment method fails, you authorize us or our payment processing provider(s) to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your auto reorder. You can edit your payment information anytime in your Nestlé HealthCare Nutrition account page.
Offer is valid only for individual purchasers; not valid for healthcare institutions or pharmacy purchases. Products are not intended for resale. Valid in continental U.S. only. Void where prohibited.
YOUR AUTO REORDER WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU CAN CANCEL YOUR AUTO REORDER ANYTIME BY LOGGING INTO YOUR ACCOUNT AND SELECTING TO CANCEL IN THE SUBSCRIPTION TAB OR BY CONTACTING OUR CUSTOMER ENGAGEMENT SPECIALIST AT 1-888-240-2713. IF YOU CANCEL WITH AT LEAST 48 HOURS NOTICE PRIOR TO 2:00 P.M. EST ON THE AUTO REORDER PROCESS DATE, YOU’LL BE FULLY REFUNDED. SHOULD YOU CANCEL AFTER THAT TIME FRAME, YOUR PAYMENT IS NON-REFUNDABLE, AND YOUR SERVICE WILL CONTINUE UNTIL THE END OF THAT MONTH’S BILLING PERIOD.
Along with our Terms and Conditions, we encourage you to read our Privacy Notice and refer to it before you submit any personal information to this Site. The Privacy Notice is a part of these Terms and Conditions.
This Site is intended for residents of the United States only, and we may take certain measures (such as IP address blocking) to limit access to this Site by only such users. This Site is controlled by Nestlé HealthCare Nutrition with its U.S. corporate headquarters located in Bridgewater, New Jersey, United States. Nestlé HealthCare Nutrition 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. Nestlé HealthCare Nutrition makes no warranties or representations as to the accuracy of the information contained on this Site. Unless otherwise required by applicable law, neither Nestlé HealthCare Nutrition 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 and to the extent permitted by applicable law, 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 applicable law may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Unless otherwise required by applicable law, Nestlé HealthCare Nutrition 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.
To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé HealthCare Nutrition, our officers, directors, employees, affiliates, suppliers and programmers that may arise from your use or access of this Site.
You agree to defend, indemnify and hold Nestlé HealthCare Nutrition, its officers, directors, employees, agents, affiliates, 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, Postings, the use of the Site or content or your violation of these Terms and Conditions.
These Terms and Conditions are to be governed by and construed in accordance with the law of New Jersey, United States of America, without reference to its conflicts of law rules.