HEALTHCARE NUTRITION MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS
EFFECTIVE: July 28,
LAST UPDATED: June 10,
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. Nestlé HealthCare Nutrition maintains this website (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and acknowledge that any other agreements between you and Nestlé HealthCare Nutrition regarding this Site are superseded and of no force or effect.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.
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.
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.
Complaints (DMCA policy)
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
- 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
- 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:
HealthCare Nutrition, Inc.
1007 US Highway 202/206, Bldg. JR-2
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
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
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.
Nutrition, & Health Information
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
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
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 Florham Park, New Jersey, United States. Nestlé
HealthCare Nutrition makes no representation that materials on this Site are
appropriate or available for use in other locations.
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. 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,
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 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.