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Osem Nestlé USA -- Terms and Conditions


LAST UPDATED: March 1st , 2023

TERMS AND CONDITIONS OF USE - PLEASE READ CAREFULLY

Thank you for visiting Osem Nestlé’s website (the "Site"). Osem Nestlé USA (referred herein as “Osem Nestlé,” “we” or “us”) maintains 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.

We may make changes to these Terms and Conditions. The “Last Updated” date above indicates when these Terms and Conditions were last changed. If we make future changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Site, or updating the date at the top of these Terms and Conditions.


Copyright

This Site belongs to Osem Nestlé. Osem Nestlé or other third parties who have licensed Osem 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 Osem Nestlé’s written permission.


Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Osem Nestlé, our products or the Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, manufacture, advertise, market, copy, publish, or improve our products and services, this Site, or any new products, services or websites, in Osem Nestlé’s sole discretion. Osem Nestlé will exclusively own all improvements to existing products, services or websites, or any new products, services or websites, based on any Feedback. You understand that Osem Nestlé may treat Feedback as nonconfidential. Notwithstanding the foregoing, if Osem Nestlé accepts your Feedback and specifically agrees to keep it confidential or not use it, Osem Nestlé does not waive any rights it may have to similar or related ideas previously known to Osem Nestlé or developed by its employees, or obtained from sources other than you.

You further acknowledge and warrant that the Feedback contains only your own material and content, or material and content that you have undeniable rights to use, and that Osem Nestlé's use of such Feedback will not violate any third party's rights.

Osem Nestlé is under no obligation to use any Feedback you submit.


User Content

Our Site may allow you and other users to create, post, store, and share content, including reviews, text, photos, and other materials (collectively, “User Content”). When you post or otherwise share User Content on or through our Site, you understand that your User Content and any associated information (such as your name) may be visible to others. If you choose to make any of your information publicly available through the Site, you do so at your own risk.
 
Except for the license you grant below, as between you and Osem Nestlé, you retain all rights in and to your User Content.  You grant Osem Nestlé a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly or otherwise perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party.  You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.

Although Osem Nestlé may from time to time monitor or review User Content, Osem Nestlé expressly disclaims any duty or obligation to do so and assumes no responsibility or liability arising from User Content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within User Content 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. Osem Nestlé will fully cooperate with any law enforcement authorities or court order requesting or directing Osem Nestlé to disclose the identity of anyone posting any such information or materials. Osem Nestlé may remove User Content at any time, and for any reason.

You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms and Conditions, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity.

Enforcement of this User Content section is solely at Osem Nestlé’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This section does not create any right or private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms and Conditions or that objectionable material will be promptly removed after it has been posted.


Copyright Complaints (DMCA policy)

Osem Nestlé respects the intellectual property of others, and we ask our users to do the same. Osem Nestlé 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 Osem Nestlé 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:

  1.  A physical or electronic signature of person authorized to act on behalf of the owner 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 is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
     
  4.  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;
     
  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; and
     
  6.  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:

Osem Nestlé USA
Attn: Legal Department 
333 Sylvan Ave. Suite 302
Englewood Cliffs, NJ 07632

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, product or service names, slogans, characters and service marks, and the look and feel of the Site (collectively "Trademarks") displayed on the Site are trademarks of Osem Nestlé and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Site are the property of their respective owners. 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 Osem Nestlé will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.


Linking

This Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. Osem 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.

You are not permitted to link to this Site in any way that suggests Osem Nestlé 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 Osem Nestlé 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 Osem Nestlé's written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any Osem Nestlé names, trademarks, slogans, or any other words or codes identifying Osem Nestlé Site in any "metatag". Osem Nestlé will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Osem Nestlé and its products. Osem Nestlé reserves the right to cancel permission to link at any time, for any reason.


Fitness, Nutrition, & Health Information

Information presented on Nestle web sites is intended to impart general fitness, nutrition and health information. Osem 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 Osem Nestlé web sites are clearly directed to medical professionals and the information contained on these web sites is not intended for general audiences.


Privacy Policy

Along with our Terms and Conditions, we encourage you to read our Privacy Policy and refer to it before you submit any personal information to this Site. 


Jurisdictional Issues

The Osem Nestlé products, materials, offers, and information appearing on this Site are intended for U.S. visitors/customers. This Site is controlled by Osem Nestlé USA from its offices in Arlington, Virginia, United States. Osem Nestlé 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. Neither Osem Nestlé 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. Osem Nestlé 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.


Applicable Law and Venue

These Terms and Conditions and your access to and use of the site will be governed by and construed in accordance with the laws of the state of New Jersey, applicable to agreements made and to be entirely performed within the state of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Bergen County, New Jersey and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.