GERBER PRODUCTS COMPANY/NESTLÉ INFANT NUTRITION MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS
POSTING
EFFECTIVE: 03/25/2009
TERMS AND CONDITIONS OF USE - PLEASE READ CAREFULLY
Thank you for visiting NestléInfantNutrition.com. The NestléInfantNutrition.com Website (the “Site”) is owned and
operated by the Gerber Products Company/Nestlé Infant Nutrition (“Nestlé Infant Nutrition”). 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agreements between you and Nestlé Infant Nutrition regarding this Site are superseded and of no force or effect.
Please note that this web site is clearly directed to medical professionals and the information contained on this
web site is not intended for general audiences.
Copyright
This Site belongs to Nestlé Infant Nutrition. Nestlé Infant Nutrition or other third parties who have licensed
Nestlé Infant 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 Infant Nutrition’s written
permission.
Submissions to the Site
Any non-personal information, communications or material you submit to Nestlé Infant Nutrition at this Site, by
email, download, or otherwise (“Submission”), is non-confidential, and Nestlé Infant Nutrition is free to use and
reproduce such Submission freely, and for any purpose. Specifically, Nestlé Infant 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 Infant Nutrition accepts your submission and specifically agrees to keep it confidential or
not use it, nevertheless, Nestlé Infant Nutrition does not waive any rights it may have to similar or related ideas
previously known to Nestlé Infant 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 Infant Nutrition’s use will not violate any
third party's rights.
Nestlé Infant Nutrition is under no obligation to use any Submission.
Related Issues
Although Nestlé Infant Nutrition may from time to time monitor or review discussions, chats, postings,
transmissions, bulletin boards, and the like on the Site (“Postings”), Nestlé Infant 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 Infant Nutrition will fully cooperate with any law enforcement authorities or court order requesting or
directing Nestlé Infant Nutrition to disclose the identity of anyone posting any such information or materials.
Nestlé Infant Nutrition may remove Postings at any time, and for any reason.
Copyright Complaints (DMCA policy)
Nestlé Infant Nutrition respects the intellectual property of others, and we ask our users to do the same. Nestlé
Infant 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 Infant 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:
Gerber Products Company/Nestlé Infant Nutrition
Attn: Legal Department
12 Vreeland Road, 2nd Floor
Florham Park, NJ 07932
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 Infant 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 Infant Nutrition 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 Infant 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 Infant 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 Infant
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 Infant 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 Infant 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 Infant 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 Infant Nutrition names,
trademarks, slogans, or any other words or codes identifying Nestlé Infant Nutrition Site in any "metatag". Nestlé
Infant Nutrition will not tolerate links from any website that may adversely affect the name, reputation and
goodwill of Nestlé Infant Nutrition and its products. Nestlé Infant 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 Infant Nutrition is not engaged in rendering medical advice or services. The information presented on this
site is not intended for diagnostic or treatment purposes.
Privacy Policy
Along with our Terms and Conditions, we encourage you to read our Privacy Policy
submit any personal information to this Site. The Privacy Policy
is a part of these Terms and Conditions.
Jurisdictional Issues
The Nestléinfantnutrition.com Website 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 Gerber Products Company/Nestlé Infant Nutrition from its offices in Florham Park, New Jersey, United
States. Nestlé Infant 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 Infant Nutrition makes no warranties or
representations as to the accuracy of the information contained on this Site. Neither Nestlé Infant 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 Infant 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.