TERMS AND CONDITIONS OF USE
Revised July, 2008
Your access and use of the website is subject to the following terms and conditions
("Terms and Conditions") and all applicable laws. By accessing and browsing the
website, you accept, without limitation or qualification, the Terms and Conditions
below.
License and Website Access
We grant you a limited license to access and make personal use of this website and
not to download (other than page caching) or modify it, or any portion of it, except
with express written consent of Nestlé Waters North America Inc. This
license does not include any resale or commercial use of this website or its contents;
any collection and use of any product listings, descriptions, or prices; any derivative
use of this website or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This website or any portion of this website
may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of Nestlé Waters
North America Inc. You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including images, text, page
layout, or form) without our express written consent. You may not use any
meta tags or any other “hidden text” utilizing our name or trademarks
without the express written consent of Nestlé Waters North America Inc.
Any unauthorized use terminates the permission or license granted by Nestlé
Waters North America Inc.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of this website so long as the link does not portray Nestlé
Waters North America Inc., its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive manner. You may not use any
Nestlé Waters North America Inc. logo or other proprietary graphic or trademark
as part of the link without our express written permission.
Copyright and Trademarks
All content included on this site, including but not limited to, text, graphics,
logos, button icons, images, audio and video clips, digital downloads, data compilations,
and software is the property of Nestlé Waters North America Inc. or its content
suppliers and protected by United States and international copyright laws.
All software used on this site is the property of Nestlé Waters North America
Inc. or its software suppliers and is protected by United States and international
copyright laws.
Marks indicated on our website are registered trademarks of Nestlé Waters North
America Inc. or its affiliates, in the United States and other countries.
All other trademarks not owned by Nestlé Waters North America Inc. or its subsidiaries
that appear on this site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by Nestlé Waters North
America Inc. or its subsidiaries.
Use of the Website
Please review our Privacy Policy, which also governs your visit to our website,
to understand our information practices.
If you use this website, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password.
We do sell products for children, but sell them to adults, who can purchase with
a credit card. If you are under 18, you may use this website only with the
involvement of a parent or guardian. Nestlé Waters North America Inc.
and its affiliates reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
Nestlé Waters North America Inc. does not wish to receive any product, marketing,
advertising or other ideas that are not covered by issued United States patents
or copyrights. If you send any communications or materials to the website by electronic
mail or otherwise, including any data, questions, comments, suggestions, or the
like, all such communications are, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Nestlé Waters
North America Inc. or its affiliates for any purpose, including, but not limited
to, reproduction, disclosure, transmission, publication, broadcast, and posting.
Furthermore, Nestlé Waters North America Inc. is free to use, without any compensation
to you, any ideas, concepts, know-how, or techniques contained in any communication
you send to the website for any purpose whatsoever, including, but not limited to,
developing, manufacturing, and marketing products using such information.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory,
libelous, obscene, pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense or give rise to
civil liability, or otherwise violate any law. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of any content.
Nestlé Waters North America Inc. will fully cooperate with any law enforcement
authorities or court order requesting or directing Nestlé Waters North America
Inc. to disclose the identity of anyone posting such materials.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the content
you supply does not violate these Terms and Conditions and will not cause injury
to any person or entity; and that you will indemnify Nestlé Waters North America
Inc. or its affiliates for all claims resulting from content you supply. If you
do post content or submit material, you grant us and our affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, and
display such content throughout the world in any media. You grant us and our affiliates
and sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise control
all of the rights to the content that you post; that the content is accurate; that
use of the content you supply does not violate this policy and will not cause injury
to any person or entity; and that you will indemnify Nestlé Waters North America,
Inc. or its affiliates for all claims resulting from content you supply. Nestlé
Waters North America, Inc. has the right but not the obligation to monitor and edit
or remove any activity or content. Nestlé Waters North America, Inc. takes
no responsibility and assumes no liability for any content posted by you or any
third party.
Although Nestlé Waters North America Inc. may from time to time monitor or
review discussions, chats, postings, transmissions, bulletin boards and the like
on the website, Nestlé Waters North America Inc. is under no obligation to
do so and assumes no responsibility or liability arising from the contents of any
such communications nor for any error, defamation, libel, obscenity, profanity,
or inaccuracy contained in any such communication.
General review writing guidelines
You may be able to post reviews on this website. There is a 3,000 word maximum
on reviews. The recommended length is 75 to 300 words.
What to include:
Your comments should focus on your experience and context. The best comments include
not only whether you liked or disliked an experience, but also why. Feel free to
mention related items and how this submission rates in comparison to them.
What not to include:
Please refrain from including the following in your review:
• Time-sensitive material.
• Commenting on other reviews.
• Profanity, obscenities, or spiteful remarks.
• Single-word reviews. We want to know why you liked or disliked the
item.
• Phone numbers, mail addresses, URLs.
• Solicitations for helpful votes.
Comments in violation of these guidelines will not be posted.
All submitted reviews become the licensed property of Nestlé Waters North America
Inc. as set forth in our Privacy Notice.
Your reviews may be posted on the website. Submissions that do not follow our review
guidelines will not be posted.
Disclaimers
Your use of the website is at your risk. Nestlé Waters North America
Inc. makes no warranties or representations as to its accuracy and Nestlé Waters
North America Inc. specifically disclaims any liability or responsibility for any
errors or omissions in the content on the website. Neither Nestlé Waters North
America Inc. nor any other party involved in creating, producing, or delivering
the website is liable for any direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, or inability to use or access,
the website. Without limiting the foregoing, everything on the website is provided
to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow
the exclusion of implied warranties, so some of the above exclusions may not apply
to you. Check your local laws for any restrictions or limitations regarding the
exclusion of implied warranties.
Nestlé Waters North America Inc. assumes no responsibility, and shall not be
liable for, any damages to, or viruses that may infect, your computer equipment
or other property on account of your access to, use of, or browsing in the website
or your downloading of any materials, data, text, images, video, or audio from the
website.
Descriptions of Products and Services
The website refers to products and/or services that are generally available for
purchase in the continental United States but may not be available in your particular
locality. The reference to any such products or services in this website does not
imply or warrant that these products or services will be available at any time in
your particular locality. You should therefore check with your local Nestlé
Waters North America Inc. authorized representative for specific product/service
availability in your locality.
We do not warrant that the descriptions or other content of this site are accurate,
complete, reliable, current or error-free. Features and specifications of products
described or depicted on the website are subject to change at any time without notice.
Third Party Websites
Nestlé Waters North America Inc. is not responsible for the content of any
site linked to or from the website. Your linking to any other site is entirely at
your own risk. While Nestlé Waters North America Inc. may provide links on
this website to other sites, the inclusion of such links is for your convenience
only and should not be interpreted as an endorsement of the owner/sponsor of the
site or the content of the site. Nestlé Waters North America Inc. disclaims
all warranties, express and implied, as to the accuracy, validity, legality or otherwise
of any materials or information contained on such sites.
Revisions
Nestlé Waters North America Inc. may at any time revise these Terms and Conditions
by updating this posting. Since you are bound by these Terms and Conditions, you
should therefore periodically visit this website to review the then current Terms
and Conditions.
Copyright Complaints
If you believe that any material contained on this website infringes your copyright,
you should notify us of your copyright infringement claim in accordance with the
following procedure. Nestlé Waters North America Inc. will process notices
of alleged infringement which it receives and will take appropriate action as required
by the Digital Millennium Copyright Act (“DMCA”) and other applicable
intellectual property laws. The DMCA requires that notifications of claimed
copyright infringement should be sent to this website’s Designated Agent who
is:
Attn: Copyright Agent
Nestlé Waters North America Inc.
777 West Putnam Avenue
Greenwich, CT 06830
Attention: Vice President and General Counsel
To be effective, the notification must be in writing and contain the following information
(DMCA, 17 U.S.C. § 512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf
of the owners 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
to be disabled, and information reasonably sufficient to permit the service provider
to locate the material;
4. Information reasonably sufficient to permit the 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;
6. A statement, made under penalty of perjury, that the information in the
notification is accurate and that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Applicable Law
These Terms and Conditions are to be governed by and construed in accordance with
the law of Connecticut, United States of America, without reference to its conflicts
of law rules.
Arbitration
Any dispute relating in any way to your visit to a Nestlé Waters North America
Inc. website or to products or services you purchase through a Nestlé Waters
North America Inc. website shall be submitted to confidential arbitration in Stamford,
Connecticut, except that, to the extent you have in any manner violated or threatened
to violate Nestlé Waters North America Inc.’s intellectual property rights,
Nestlé Waters North America Inc. may seek injunctive or other appropriate relief
in any state or federal court in the state of Connecticut, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American Arbitration Association.
The arbitrator’s award shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration proceedings
or otherwise. In no event shall the arbitrator be entitled to award either party
exemplary, treble or any other form of punitive damages against the other, regardless
of the claims raised.
Severability
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
