Member Agreement and Website Terms and Conditions

 

 

Member Agreement

You must agree to the terms of this Member Agreement before you access or otherwise use or participate in the Nestlé USA Online Community. Your use of this web site constitutes your agreement with Nestlé USA to be bound by, and to act in accordance with, this Member Agreement.

Notification of Changes

We may change or revise this Membership agreement from time to time by updating this posting. Please visit the Member Agreement each time you visit the web site to keep up to date with the current terms regarding your use of the web site. Your use of the web site reaffirms your continuing agreement to the then-current Member Agreement. Any future changes to this Member Agreement will be posted on the community web site.

Confidential Information

Your invitation to participate in the Nestlé USA Online Community is personal and non-transferable. You may not disclose to others any of the information that we disclose to you or any ideas or information that are generated in the community. Your community member name and password are for your use only. You may not disclose your password to any other person.

Assignment of Ideas, etc.

You irrevocably assign to Nestlé USA all rights in any ideas or expressions of ideas that you provide to the community. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Nestlé USA through this web site will become and remain the exclusive property of Nestlé USA , including any future rights associated with such submissions, even if this Member Agreement is later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Nestlé USA unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means that with the exception of your personal information, Nestlé USA has no obligation to keep your submissions confidential.

You further release and waive all claims against Nestlé USA with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States .

Privacy

To the extent that you also provide us with any of your personally identifiable information, Nestlé USA will only use such information in accordance with the privacy policy of Nestlé USA, a copy of which is available at www.nestleusa.com/Public/Privacy.aspx. Please note that by clicking on the "I Accept" button below, any of your personally identifiable information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Nestlé USA provided, that in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to Nestlé USA.

Code of Conduct

NOTE: The postings at this forum do not necessarily reflect Nestlé’s views, and instead are the views of the members/individuals posting to the site.

Membership is by invitation; only members of the community may access it. These discussion forum standards apply to all members/individuals using the forum and their posts. Use of this forum is a privilege and we reserve the right to deny your use of this area at any time, without a stated reason, all at our discretion. Nestlé reserves the right to prescreen, monitor, edit, and remove postings. By using this forum, you further agree:

  1. You must be at least 18 years old to participate in these discussion forums.
  2. Unless specifically told otherwise, you must keep confidential all information that Nestlé USA, other community members, and you share with the community.
  3. You agree to receive emails from the Community regarding Community Activities.
  4. You agree not to use behavior that does not support a safe and comfortable environment for all members, or to engage in any proselytizing or commercial activity.
  5. Any unacceptable content (posts, member names, or subject lines containing profanity, sexually graphic, or offensive language, etc) will be deleted, as will any other content inappropriate for the site. Content suggesting illegal activity will be removed and may be reported to the authorities.
  6. Do not infringe on the property rights of others. The posting of copyrighted, trademarked, or other protected material, without the owner’s permission, is prohibited. This includes but is not limited to articles, news reports, lyrics/music or other copyrighted material.
  7. Do not flood or spam, post chain letters, pyramid schemes, junk mail, or URLs for outside sites that violate any of these guidelines.
  8. This is a public discussion forum. Do not post personal or any other information that you do not want made public, which includes personal email addresses.
  9. Do not post anything that could be construed as Legal or Medical advice. NOTE: any such posting do not necessarily reflect the opinions of Nestlé.

Limitation of Liability

Under no circumstances shall Nestlé USA and/or its agencies be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. Nestlé USA shall not be liable even if Nestlé USA or a Nestlé USA authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

You agree to defend, indemnify and hold Nestlé USA and/or its agencies harmless from any claim or demand made by any third party against Nestlé USA due or arising out of your participation in the Nestlé USA Online Community and/or any breach by you of the provisions of this agreement.

Website Terms and Conditions

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.

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.

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.

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.

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.