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TERMS AND CONDITIONS
Thank you for visiting our website and mobile app (collectively, our “Site”).
Please read the Terms and Conditions contained in this document carefully since
any use of this site constitutes your acceptance of the Terms and Conditions set
out herein. If you do not agree to these terms and conditions, please do not use
our Site.
Throughout this site, the terms "we", "us", "our", and "Purina" refer to Nestlé
Purina PetCare Company, a U.S. corporation, and any of its direct and indirect
subsidiaries. “You” refers to any person accessing and/or using our Site.
These terms and conditions may be revised by Purina by updating this posting –
Please read them carefully.
Please note that Section 12 of these Terms requires that you arbitrate claims
you may have against Purina, which means that you cannot bring claims against
Purina in court, and confirm your agreement to a class action waiver in
arbitration.
1. PRIVACY NOTICE
Any personal information or material sent to this Site are subject to the terms
and conditions set out in our Privacy Policy. We encourage you to read and refer
to it before you submit any personal information to this Site. The Privacy
Policy is a part of these terms and conditions.
2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we use all reasonable attempts to ensure the accuracy and completeness of
information on this Site, we are not responsible if the information that we make
available on this Site is not accurate or complete. Any reliance upon the
material on this Site shall be at your own risk. You agree that it is your
responsibility to monitor any changes to the material and the information
contained on this Site.
3. SUBMISSIONS TO THIS SITE
Any non-personal communication or material you submit to this Site by electronic
mail, upload, or otherwise, including any data, questions, comments, suggestions
or the like (“Submissions”) are, and will be treated as, non-confidential and
non-proprietary. Anything you submit or post becomes the property of Purina and
Purina may use and reproduce such Submission freely, and for any purpose.
Specifically, Purina is free to use for any purposes whatsoever (including but
not limited to the developing, manufacturing, advertising and marketing of
products) any ideas, artwork, inventions, developments, suggestions or concepts
contained in any Submission you send to this Site. Any such use is without
compensation to the party submitting information. By making a Submission, you
are also warranting that you own the material/content submitted, that it is not
defamatory and that Purina’s use will not violate any third party's rights or
otherwise place us in breach of any applicable laws. Purina is under no
obligation to use the information submitted.
4. INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks and other intellectual property rights in all text,
images and other materials on this Site are the property of Purina or are
property of their respective owners.
You are permitted to browse this Site, reproduce extracts by way of printing,
downloading to a hard disk or for the purposes of distribution to other
individuals. This is only to be done on the proviso that you keep intact all
copyright and other proprietary notices and that the trademark notice below
appears on such reproductions. No reproduction of any part of this Site may be
sold or distributed for commercial gain nor shall it be modified or incorporated
in any other work, publication, website, or mobile app.
® Reg. Purina trademarks are property of Société des Produits Nestlé S.A. All
rights reserved.
The trademarks, logos, characters and service marks (collectively "Trademarks")
displayed on this Site belong to Société des Produits Nestlé S.A which licenses
such use to Purina. 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 on any other content on
this Site, except as provided for in these Terms and Conditions, is strictly
prohibited. You are also advised that Purina will vigorously enforce its
intellectual property rights to the fullest extent of the law.
5. LINKS TO OTHER WEBSITES
Links on the Purina Sites may take you outside the Purina network and systems
and Purina accepts no responsibility for the content, accuracy or function of
these other third party websites or mobile apps. The links are provided in good
faith and Purina cannot be held responsible for any subsequent change in other
third party websites or mobile apps to which we provide a link. The inclusion of
any link to other websites or mobile apps does not imply endorsement by Purina.
We highly recommend that you make yourself aware of and carefully read the legal
and privacy notices of all other websites or mobile apps that you visit.
6. WARRANTIES AND DISCLAIMERS
Your use of this Site is at your own and exclusive risk.
Warranties
THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND,
CONSEQUENTLY, PURINA MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OR
REPRESENTATIONS THAT MATERIAL ON THIS SITE WILL BE COMPLETE, ACCURATE, RELIABLE,
TIMELY, NON-INFRINGING TO THIRD PARTIES, THAT ACCESS TO THIS SITE WILL BE
UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS SITE WILL BE
SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM PURINA THROUGH THIS SITE IS
ACCURATE OR TO BE RELIED UPON. ANY REPRESENTATIONS TO THE CONTRARY OR IMPLIED
WARRANTIES ARE EXPRESSLY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE).
Please note that some jurisdictions may not allow exclusions of implied
warranties, so some of these exclusions may not apply to you. Please check your
local laws.
We reserve the right to restrict, suspend or terminate without notice your
access to this Site or any feature of this Site or any feature or part thereof
at any time.
7. PET HEALTH, FITNESS AND NUTRITION
This Site may from time to time contain information relating to nutrition and
various medical, health and fitness conditions of pets and their treatment. This
is for informational purposes only and is not meant to be a substitute for the
advice provided by your own veterinarian or other veterinary professional. You
should not use the information contained herein for diagnosing a pet's health or
fitness problem or disease. You should always consult your own veterinarian
and/or veterinary advisors.
8. LIMITATION OF LIABILITY
Purina and/or any other party involved in the creating, producing or delivering
this Site on our behalf shall have no liability or any responsibility whatsoever
for any direct, incidental, consequential, indirect, special or punitive
damages, costs, losses or liabilities whatsoever and howsoever arising out of
your access to, use, inability to use, change in content of this Site or arising
from any other website or mobile app you access through a link from this Site or
to the extent permitted by applicable law, from any actions we take or fail to
take as a result of any electronic mail messages you send us.
Purina and/or any other party involved in the creating, producing or delivering
this Site shall have no responsibility to maintain the material and services
made available on this Site or to supply any corrections, updates, or releases
in connection therewith. Any material on this Site is subject to change without
notice.
Further, Purina shall have no liability or any responsibility whatsoever for any
loss suffered caused by viruses that may infect your computer equipment or other
property by reason of your use of, access to or downloading of any material from
this Site. If you choose to download material from this Site you do so at your
own risk.
Although Purina may from time to time monitor or review discussions, chats,
postings, transmissions, bulletin boards, and the like on the Site, Purina is
under no obligation to do so and assumes no responsibility or liability
whatsoever arising from the content of any such locations including but not
limited to any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger or inaccuracy contained in any
information within such locations on the Site.
To the maximum extent permitted by applicable law, you expressly waive all
claims against Purina, its officers, directors, employees, suppliers and
programmers that may arise from your use or access of this Site.
9. PROHIBITED ACTIVITIES
You are prohibited from doing any act that Purina in its absolute discretion may
deem to be inappropriate and/or would be deemed to be an unlawful act or is
prohibited by any laws applicable to this Site including but not limited to:
Any act that would constitute a breach of either the privacy (including
uploading private information without the concerned individual's consent) or any
other of the legal rights of individuals;
Using this Site to defame or libel Purina, its employees or other individuals or
acting in such a way that brings into disrepute the good name of Purina;
Uploading files that contain viruses that may cause damage to the property of
Purina or the property of other individuals; and
Posting or transmitting to this Site any non-authorized material including but
not limited to material that is in our opinion likely to cause annoyance,
detrimental to or in violation of Purina’s or any third party´s systems or
network security, libelous, defamatory, racist, obscene, threatening,
pornographic, profane or is otherwise unlawful.
10. EXPORT RESTRICTIONS
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.
11. MOBILE SERVICES
If Purina permits or makes available to you the ability to: (a) upload content
to the Site via your mobile telephone and/or tablet (“mobile device”), (b)
receive and reply to messages, or to access or make posts using text messaging,
(c) browse the site from your mobile device or (d) to access features through a
mobile application you have downloaded and installed on your mobile device
(collectively "Mobile Services"), your mobile carrier’s standard data, Internet,
messaging and other service fees and charges apply to your use of, and access
to, the Mobile Services, and you are solely responsible for all such fees and
charges. The Mobile Services may not be compatible with all mobile devices,
carriers, and services, and Purina does not make any representations or
warranties regarding such compatibility. You are solely responsible for ensuring
that your mobile device is compatible with the type of content being provided
through the Mobile Services. You understand that content delivered as part of
the Mobile Services may be delivered to your device through premium mobile
services and acknowledge that you are solely and exclusively responsible for any
charges for such services, including but not limited to any roaming charges.
You may be given the option to register to receive commercial messages from
Purina via your mobile device. You understand that you may be charged by your
wireless service provider in connection with the receipt of such messages. You
may “opt out” of receiving future messages by following the instructions
provided (i) in the wireless messages or (ii) on the website or mobile app where
you registered to receive such messages.
12. DISPUTE RESOLUTION
Please read this section carefully. It affects your legal rights, including your
right to file a lawsuit in court. For purposes of this Section 12 (Dispute
Resolution), “Purina” shall include its subsidiaries, affiliates, agents,
employees, predecessors in interest, successors and assigns.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT
ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF
CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN
DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES
AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PURINA WOULD HAVE IN COURT, SUCH
AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If you and Purina have a Dispute (defined below) and our customer service team
is unable to resolve your concern, you and Purina agree to make a good faith
effort to resolve it informally prior to initiating a formal arbitration
proceeding. If you intend to initiate an arbitration proceeding, you must first
send a verified Notice to Purina that describes the Dispute. The Notice must
include your name and contact information (address, telephone number, and email
address), sufficient information to enable Purina to identify any transaction at
issue; and a detailed description of (1) the Dispute, (2) the nature and basis
of your claims, and (3) the nature and basis of the relief sought, with a
detailed calculation. The Notice shall be sent by email to: Dispute Resolution
at CustomerService@purina.nestle.com. You must personally sign the Notice. If
requested by Purina, you must personally appear at and participate in a
telephone settlement conference (if you are represented by counsel, your counsel
may also participate) to discuss the Dispute. If the Dispute is not resolved
within sixty (60) days after receipt of the Notice (which period can be extended
by agreement of the parties), you or Purina may commence a formal dispute
resolution proceeding consistent with the process set forth below. Compliance
with and completing this informal dispute resolution process is a condition
precedent to filing any formal dispute resolution proceeding, including a demand
for arbitration. The statute of limitations and any filing fee deadlines shall
be tolled while the parties engage in this informal dispute resolution process.
If you commence an arbitration without providing Notice and completing the
informal dispute resolution process, you will be responsible for any filing fees
or other costs incurred in connection with such arbitration. If the sufficiency
of a Notice or compliance with this informal dispute resolution process is at
issue, it may be decided by a court at either party’s election, and any formal
dispute resolution proceeding shall be stayed pending resolution of the issue.
A court shall have the authority to enforce this condition precedent to
arbitration, which includes the power to enjoin the filing or prosecution of a
demand for arbitration.
If we are unable to resolve the Dispute through the mandatory informal dispute
resolution process, you unconditionally agree that, except as set forth below,
all claims, controversies, or disputes between you and Purina will be resolved
entirely through binding individual arbitration, rather than in court,
including, without limitation, such claims, controversies, or disputes arising
out of or relating to any aspect of the relationship between you and Purina,
your access or use of our Site or any products or services offered by or
purchased from Purina, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory (“Dispute”). Dispute will be given
the broadest possible meaning permitted by law. It includes claims that arose
before this or any prior agreement or that arise after the termination of this
agreement. The sole exceptions to the foregoing requirement to arbitrate are
that: (1) either party may assert individual claims in small claims court if
those claims otherwise qualify for small claims court and as long as the matter
remains in such court and is not removed or appealed to a court of general
jurisdiction and advances only on an individual (non-class, non-representative
basis); and (2) each party may bring suit in court to enjoin infringement or
other misuse of intellectual property rights. This Dispute Resolution section
evidences a transaction in interstate commerce, and thus the Federal Arbitration
Act governs the interpretation and enforcement of this Dispute Resolution
section. This arbitration provision shall survive termination of this agreement.
BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY
DISPUTES WITH PURINA IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR
RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
There is no judge or jury in arbitration, no class actions, and court review of
an arbitration award is limited. An arbitrator, however, can award on an
individual basis the same damages and relief as a court, in favor or against
only the parties to the arbitration and only to the extent necessary to provide
the relief warranted by the party’s individual claim, including injunctive and
declaratory relief or statutory damages. The arbitrator may not award relief to
any person or entity other than a party to the arbitration proceeding. The
arbitrator must follow these Terms as a court would. The arbitrator may not
consider any prior settlement offers in making the decision. Regardless of the
manner in which the arbitration is conducted, the arbitrator shall issue a
reasoned written decision sufficient to explain the essential findings and
conclusions on which the award is based. The arbitration award shall be binding
only among the parties to the arbitration and shall have no preclusive effect in
any other arbitration or other proceeding involving a different party, provided
that the arbitrator may consider rulings in other arbitrations involving
different individuals.
We agree that the arbitration will be administered by the American Arbitration
Association (“AAA”), adr.org. (If the AAA is unavailable or unwilling to
administer arbitrations consistent with this Dispute Resolution section, another
arbitration provider shall be selected by the parties that will administer
arbitrations consistent with this Dispute Resolution section. If the parties
cannot agree on a provider, one shall be selected by the court that will
administer arbitrations consistent with this Dispute Resolution section.). To
begin an arbitration proceeding, after satisfying the condition precedent
identified above, you must (1) send a verified and personally signed demand for
arbitration that describes (a) the nature and basis of your claims, and (b) the
nature and basis of the relief sought, including a detailed calculation to:
Dispute Resolution at CustomerService@purina.nestle.com, and (2) contact the AAA
and follow the appropriate procedures with the AAA to commence the arbitration.
The AAA consumer rules for arbitration will apply as modified by this Dispute
Resolution section. Except as expressly provided in this Dispute Resolution
section, the arbitrator, and not any federal, state, or local court or agency,
shall have the exclusive authority to resolve any Dispute relating to the
interpretation, applicability, enforceability, or formation of this Dispute
Resolution section including, but not limited to, a claim that all or any part
of it is void or voidable. Payment of all filing, administration and arbitrator
fees will be governed by the AAA's applicable consumer rules. The parties shall
be responsible for their own attorneys' fees and costs in arbitration, unless
they are authorized by law or the arbitrator determines that a claim was
frivolous or brought for an improper purpose or in bad faith. In addition, the
provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by
the arbitrator. The arbitration may be conducted by telephone, based on written
submissions, or in person in the county where you live or at another mutually
agreed location as set forth in the AAA rules. If requested, you shall
personally appear (with your counsel if you have one) at an initial telephone
conference with a case manager before an arbitrator is appointed.
Notwithstanding anything to the contrary, Purina will pay all fees and costs
that we are required by law to pay.
AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS
ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE
ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN
IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A
CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute
may not be consolidated with a claim by any person or entity that is not a party
to the arbitration proceeding, and the arbitrator may not otherwise preside over
any form of a class, consolidated, representative, collective, or private
attorney general proceeding. If a court determines that any of the prohibitions
on non-individualized relief; class, representative, and private attorney
general claims; and consolidation are unenforceable with respect to a particular
claim or with respect to a particular request for relief (such as a request for
injunctive relief), and all appeals from that decision have been exhausted (or
the decision is otherwise final), then the parties agree that that particular
claim or request for relief may proceed in court but shall be stayed pending
arbitration of the remaining claims. Specifically, and notwithstanding anything
to the contrary in this Section [12] (Dispute Resolution), the arbitrator may
not issue a "public injunction" and any such "public injunction," if permitted,
may be awarded only by a federal or state court. If either party is permitted to
seek a "public injunction," all other claims and prayers for relief must be
adjudicated in arbitration first and any such prayer or claim for a "public
injunction" in federal or state court stayed until the arbitration is completed,
after which the federal or state court can adjudicate the party's claim or
prayer for "public injunctive relief." In doing so, the federal or state court
is bound under principles of claim or issue preclusion by the decision of the
arbitrator.
Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more
similar claims are asserted against Purina by the same or coordinated counsel or
are otherwise coordinated, you understand and agree that the resolution of your
Dispute might be delayed. You also agree to the following coordinated bellwether
process and application of the AAA Multiple Consumer Case Filing Fee Schedule.
Counsel for the claimants and counsel for Purina shall each select ten (10)
cases (per side) to proceed first in individual arbitration proceedings as part
of a bellwether process. The remaining cases shall not be filed or deemed filed
in arbitration nor shall any AAA fees be assessed in connection with those cases
until they are selected to proceed to individual arbitration proceedings as part
of a bellwether process. If the parties are unable to resolve the remaining
cases after the conclusion of the initial twenty (20) proceedings, each side
shall select another ten (10) cases (per side) to proceed to individual
arbitration proceedings as part of a second bellwether process. The remaining
cases shall not be filed or deemed filed in arbitration nor shall any AAA fees
be assessed in connection with those cases until they are selected to proceed to
individual arbitration proceedings as part of a bellwether process. A single
arbitrator shall preside over each case. Only one case may be assigned to each
arbitrator as part of a bellwether process unless the parties agree otherwise.
This staged process shall continue, consistent with the parameters identified
above, until all the claims included in these coordinated filings, including
your case, are adjudicated or otherwise resolved. The statute of limitations and
any filing fee deadlines shall be tolled for claims subject to this Dispute
Resolution section from the time of the first cases are selected for a
bellwether process until the time your case is selected for a bellwether
process, withdrawn, or otherwise resolved. A court shall have authority to
enforce this paragraph and, if necessary, to enjoin the mass filing or
prosecution of arbitration demands against Purina.
Future Changes to Dispute Resolution Section: Notwithstanding any provision to
the contrary, we agree that if Purina makes any future changes to this Dispute
Resolution section (other than a change to the mailing or email address), you
may reject any such change by sending us written notice within thirty (30) days
of the change to the address provided above. This is not an opt-out of
arbitration altogether. By rejecting any future change, you are agreeing that
you will arbitrate any dispute between us in accordance with the language of
this Dispute Resolution section.
13. APPLICABLE LAW AND VENUE
The Purina products, services, materials, offers and information appearing on
this site are intended for users and/or customers in the United States of
America only. Purina makes no representation that the products, services, and
content of this Site are appropriate or available in locations other than the
United States of America. The products appearing in this Site are only visual
representations and as such are not in their real size, etc.
The law applicable to the interpretation and construction of these Terms and any
transaction (including purchases made on our Site), shall be the Federal
Arbitration Act, applicable federal laws, and the laws of the State of Missouri,
USA, without regard to principles of conflict of laws, but subject to the
Federal Arbitration Act and other federal law relating to the arbitrability of
claims. You agree that all matters relating to your access to or use of the
Site, including all disputes, will be governed by the laws of the United States
and by the laws of the State of Missouri.
Any action relating to the use of the Site or any transaction with Purina must
be brought in the state or federal courts located in St. Louis, Missouri, for
any lawsuit or court proceeding permitted under these Terms. You consent and
submit to the personal jurisdiction of such courts for the purposes of any such
action.
14. LEGAL NOTICE UPDATE
We reserve the right to make any changes and corrections to this notice. Please
refer to this page from time to time to review these and new additional
information.
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COPYRIGHT INFRINGEMENT NOTIFICATION
Purina is committed to complying with U.S. copyright law and to respond to
claims of copyright infringement. Purina will promptly process and investigate
notices of alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)
("DMCA").
Pursuant to the DMCA, notifications of claimed copyright infringement should be
sent to a Service Provider's Designated Agent. Notification must be submitted to
the following Designated Agent for this site in the manner described below:
By Mail:
Nestlé Purina® PetCare
ATTN: Legal Department, DMCA Copyright Notices
Checkerboard Square
St. Louis, MO 63164
By Email:
CopyRightNotice@purina.nestle.com
For your complaint to be valid under the DMCA, you must provide all of the
following information when providing notice of the claimed copyright
infringement:
1. A physical or electronic signature of a person authorized to act on behalf
of the copyright owner;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the
subject of the infringing activity, and that is to be removed or access to
which is to be disabled, as well as information reasonably sufficient to
permit Nestlé Purina PetCare Company to locate the material;
4. Information reasonably sufficient to permit Nestlé Purina® PetCare Company
to contact the copyright owner, such as an address, telephone number, and,
if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or law; and
6. A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the
copyright owner.
For more details on the information required for valid notification, see 17
U.S.C. 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations
concerning copyright infringement may be liable for damages incurred as a result
of the removal or blocking of the material, court costs, and attorneys’ fees.
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USER GENERATED CONTENT TERMS AND CONDITIONS
Nestlé Purina PetCare Company (“Purina”) owns and/or operates various websites,
mobile apps, social media and other online properties that permit users
(hereinafter “Members” or “Users”) to submit or publish content (“User-Generated
Websites”). Such websites may include, but are not limited to, message boards,
blogs, social networks, and comment boards. By registering or using any
User-Generated Websites, you accept and agree to the following Terms and
conditions for User-Generated Content.
ABBREVIATED TERMS COMMUNITY GUIDELINES:
Our social media page is a family- friendly and pet- friendly page. We ask that
you play nice and be polite. While we encourage the sharing of your comments,
photos, videos, and links, please understand that the postings to our page do
not necessarily represent the opinions of Nestlé Purina PetCare Company or its
affiliates. Posts that we feel are offensive, inappropriate or not otherwise
keeping with the spirit of the page, such as advertising, spam, posts that
reflect irresponsible pet ownership, are off-topic, or contain vulgar language,
posts that may violate the rights of others, or violate any of Facebook’s terms
of use, or may be removed. We also reserve the right to block. If you have a
material connection to Purina (as an employee, agency, sponsored blogger/brand
ambassador, etc.), please be sure to let everyone know that when you post.
USE OF YOUR COMMENTS, PHOTOS AND VIDEOS:
We love to see all your comments, photos and videos. By submitting or uploading
your story, comment, photo or video of you, your pet(s), and your minor children
(“Your Content”) on our wall or page, you are authorizing Nestlé Purina PetCare
Company (Purina) to use, publish, and otherwise reproduce, modify and distribute
Your Content with or without your name or the name of your pet or minor children
in perpetuity, worldwide in any and all Purina related media for any lawful
purpose. These uses may include, but are not limited to, information, education,
promotion or advertising of Purina or its products via the Internet, web sites,
mobile apps, and social media. Please do not upload or post any photos or videos
of pets other than your own unless you have the owner’s permission. If
individuals other than you appear in the photo or video, you must have
permission to use the photo or video from the individuals (or their parent’s or
legal guardian’s permission if a minor).
SUBMISSIONS TO THIS PAGE:
Any material you submit to our page by upload, or otherwise, including any data,
questions, comments, ideas, suggestions or the like (“Submissions”) are, and
will be treated as, non-confidential and non-proprietary. Anything you submit or
post becomes the property of Purina and Purina may use and reproduce such
Submission freely, and for any purpose. Specifically, Purina is free to use for
any purposes whatsoever (including but not limited to the developing,
manufacturing, advertising and marketing of products) any ideas, artwork,
inventions, developments, suggestions or concepts contained in any Submission
you post to our page. Any such use is without compensation to you. By making a
Submission, you are also warranting that you own the material/content submitted
and that Purina’s use will not violate any third party's rights or otherwise
place us in breach of any applicable laws. Purina is under no obligation to use
the information submitted. You understand that Purina employs both internal and
external resources which may have developed or may in the future develop ideas
identical or similar to your Submissions and that Purina is only willing to
consider the Submissions on these terms.
In the event of any conflict between these abbreviated terms and the Full Terms
below, the Full Terms shall be deemed to apply.
FULL TERMS:
ELIGIBILITY AND REGISTRATION
As part of the registration process (if one is required), you will be asked to
select a username and password and you will be responsible for all activities
occurring under your username and for keeping your password secure. We may
refuse to grant you a username that impersonates someone else, is or may be
protected by trademark or proprietary rights law, or is vulgar, offensive or
otherwise inappropriate, as determined by us in our sole discretion. You are
solely responsible for any and all uses of your username, password, and account.
APPROPRIATE CONDUCT AND CONTENT; PERSONAL USE ONLY.
User-Generated Websites are made available for your personal, non-commercial use
only. User-Generated Websites may not be used for any commercial or promotional
purpose.
By acceptance of these User-Generated Websites Terms and Conditions, you agree
that any information you provide about yourself and your pets is accurate and
complete information at the time provided. In particular, you represent that you
are 18 years of age or older. In addition, you agree to update any information
provided to User-Generated Websites to keep it accurate and complete. If you
become a member of a User-Generated Website, your failure to accurately and
completely provide, and timely update, information about yourself is reasonable
grounds for suspension or termination of your membership.
You may not use User-Generated Websites for any illegal or unauthorized purpose.
International users agree to comply with all local rules regarding online
conduct and acceptable content, including laws regulating the export of data
from the United States or your country of residence. You are solely responsible
for your conduct and any data, text, information, photos, links and other
content (“Materials”) that you submit, post, and display on User-Generated
Websites.
We may without notice to you, but shall have no obligation to, refuse, edit,
and/or remove Materials that we determine in our sole discretion are unlawful,
fraudulent, threatening, libelous, defamatory, obscene or otherwise
objectionable, or infringing or violating any party’s intellectual property or
other proprietary rights or these User-Generated Websites Terms and Conditions.
We also reserve the right in our sole discretion to refuse, edit, and/or remove
any content that may be deemed by any User-Generated Website community to be
inappropriate without providing you notice.
EXAMPLES OF ILLEGAL OR UNAUTHORIZED USES INCLUDE, BUT ARE NOT LIMITED TO:
Modifying, adapting, translating, or reverse engineering any portion of the
User-Generated Websites; using any robot, spider, site search/retrieval
application, or other device to retrieve or index any portion of User-Generated
Websites; collecting any information about other Members (including usernames
and/or e-mail addresses) for unauthorized purposes; reformatting or framing any
portion of the web pages or site images that are part of User-Generated
Websites; creating user accounts by automated means or under false or fraudulent
pretenses; creating or transmitting unwanted electronic communications such as
“spam,” or chain letters to other Members or otherwise interfering with other
Member’s enjoyment of the service; submitting Materials of any third party
without such third party’s prior written consent; submitting Materials that
falsely express or imply that such Materials are sponsored or endorsed by
User-Generated Websites; submitting Materials that infringe, misappropriate or
violate the intellectual property, publicity, privacy or other proprietary
rights of any party; transmitting any viruses, worms, defects, Trojan horses or
other items of a destructive nature; submitting Materials that are unlawful or
promote or encourage illegal activity; displaying an advertisement as part of
your or your pet’s profile; any automated use of the system, including the use
of scripts to send messages or post comments; or submitting false or misleading
information.
While Purina prohibits such conduct and content on its User-Generated Websites,
you understand and agree that you nonetheless may be exposed to such Materials
and that you use User-Generated Websites at your own risk.
CHILDREN’S PRIVACY
We are committed to protecting the privacy of children. The User-Generated
Websites are is not intended or designed to attract children under the age of
18. We do not collect personally identifiable information from any person we
have actual knowledge is under the age of 18.
CHANGES TO TERMS AND CONDITIONS FOR USER-GENERATED CONTENT
We reserve the right to modify or terminate any User-Generated Website or
service therein for any reason, and without notice, without liability to you,
any other Member, or any third party. We also reserve the right to modify these
Terms and Conditions for User-Generated Content from time to time without
notice. You are responsible for regularly reviewing these Terms and Conditions
for User-Generated Content so that you will be apprised of any changes.
LICENSE TO USE MATERIALS
By submitting, posting, or displaying any Materials on or through User-Generated
Websites, you automatically grant Purina a worldwide, non-exclusive,
royalty-free, irrevocable license to use, publish, and otherwise reproduce,
modify and distribute such Materials on the User-Generated Websites and in any
and all Purina related media for any lawful purpose with or without your name
or the name of your pet or minor children. These uses may include, but are not
limited to, information, education, promotion or advertising of Purina or its
products via the Internet, web sites, mobile apps, and social media.
You represent to Purina that you own all Materials you provide and/or have the
unencumbered legal right to grant the above-referenced license with respect to
all Materials you provide. You further represent to Purina that such materials
do not infringe any third party copyrights or other third party intellectual
property rights or rights of privacy or publicity. You agree to indemnify
Purina® for any and all loses resulting from the invalidity or inaccuracy of
such representation.
Except as expressly authorized by User-Generated Websites, you may not copy,
modify, publish, transmit, distribute, perform, display or sell any of Purina’s
proprietary information, which includes the sum of all postings and photos to
the site.
Any material you submit to any User-Generated Website by upload, or otherwise,
including any data, questions, comments, ideas, suggestions or the like
(“Submissions”) are, and will be treated as, non-confidential and
non-proprietary. Anything you submit or post becomes the property of Purina and
Purina may use and reproduce such Submission freely, and for any purpose.
Specifically, Purina is free to use for any purposes whatsoever (including but
not limited to the developing, manufacturing, advertising and marketing of
products) any ideas, artwork, inventions, developments, suggestions or concepts
contained in any Submission you post to our page. Any such use is without
compensation to you. By making a Submission, you are also warranting that you
own the material/content submitted and that Purina’s use will not violate any
third party's rights or otherwise place us in breach of any applicable laws.
Purina is under no obligation to use the information submitted. You understand
that Purina employs both internal and external resources which may have
developed or may in the future develop ideas identical or similar to your
Submissions and that Purina is only willing to consider the Submissions on these
terms.
User-Generated Websites include information and content generated from a wide
variety of sources, including board certified veterinarians, trainers, and other
professional service providers, as well as, other Users. Users should understand
that User-Generated Websites is a place to review and share information — but
the information has not been verified for accuracy and does not represent the
opinions or positions of Purina. Purina cannot guarantee the timeliness,
accuracy, efficacy, or veracity of any information provided at User-Generated
Websites, nor the efficiency or applicability of any advice, opinions or content
as they may be interpreted and applied to your pet. Purina’s personnel are not
and will not be responsible for any misleading, false, or otherwise injurious
information and advice communicated on User-Generated Websites, or for any
results obtained from the use of such information or advice. Purina and its
personnel will not be liable for any loss or damage suffered by a User through
the User’s reliance on information, content and advice appearing on our Site.
USER-GENERATED WEBSITES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND.
STANDARD TERMS AND CONDITIONS FOR PURINA SITES
In addition to these User-Generated Websites Terms and Conditions, you agree to
be bound by Purina’s standard Terms and Conditions for its websites and mobile
apps, as the same may be modified and updated from time to time, with respect to
your use of User-Generated Websites.
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CONSUMER RATINGS & REVIEWS – TERMS OF USE
These Terms of Use govern your conduct, agreement, and the rights of Nestlé
Purina PetCare Company ("Purina") as relates to the Consumer Ratings and Reviews
Service offered by Purina (the "Service"). By submitting any Materials to the
Service, you agree to the following terms of use. As used herein, "Materials"
means any text, quotes, comments, stories, photos, videos, likeness (including
name and image) or other material or information you provide to the Service. IF
YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICE.
You agree that:
* You are 18 years of age or older and a resident of the United States;
* You have not received any compensation/consideration or offer of
compensation/consideration from any entity in exchange for your submission
of the Materials;
* If you are a Purina employee, you have disclosed that relationship; and
* You do not work for any company or agency hired by Purina to promote and/or
sell Purina products.
SUBMISSION OF MATERIALS TO THE SERVICE
You agree that:
* All Materials and information about yourself that you submit are accurate, up
to date, reflect your true opinion, and are based upon your actual experience
with the product being reviewed;
* The Materials you submit are original and created by you; and
* Purina may use the Materials for advertising, marketing, and/or promotional
and other purposes as set forth in these Terms of Use and you will not be
entitled to any compensation for such use;
You further agree that you shall not submit any Materials:
* That are known by you to be false, inaccurate, or misleading to anyone using
the Service. For example, you will not use a false identity or create
multiple postings with the intent to monopolize or unduly influence the forum
or submit Materials unrelated to the product being reviewed;
* That infringes any third party’s copyright, patent, trademark, trade secret,
rights of publicity rights of privacy, moral rights or any other applicable
personal or proprietary rights;
* That encourages or advocates any unlawful or unauthorized behavior or
activity or violates any law, statute, ordinance or regulation;
* That are offensive, obscene, vulgar, or is inappropriate for a public,
family-friendly, and pet-friendly forum;
* That are, or may be considered to be, defamatory, libelous, hateful, racially
or religiously biased or offensive, threatening or harassing to any
individual or entity;
* That include any information that references third party websites, mobile
apps, addresses, email addresses, contact information or phone numbers; or
* That contains any computer viruses, worms, Trojan horses or other potentially
damaging computer programs or files.
All Materials that you submit may be used at Purina’s sole discretion. Purina
reserves the right, but not the obligation, to:
* Monitor or review the Materials you have submitted;
* To condense or remove or refuse to post any Materials submitted to the
Service that Purina deems in its sole discretion to be inappropriate or
violate any of these Terms of Use or Review Guidelines without giving you
notice; and
* To suspend or terminate your access to the Services as Purina may deem
appropriate.
You will not be provided with any recourse to edit or delete any Materials
after you have submitted them. Ratings, photos, videos, and written comments
are generally posted within two to four business days. However, Purina has the
right to remove or refuse to post any submission for any reason. You acknowledge
that you, not Purina, are responsible for the Materials you submit. None of the
Materials that you submit shall be subject to any obligation of confidence on
the part of Purina, its agents, subsidiaries, affiliates, or third party service
providers and their respective directors, officers and employees.
LICENSE TO USE MATERIALS
By submitting any Materials to the Service, you automatically grant Purina a
world-wide, non-exclusive, royalty-free, irrevocable, transferrable license to
publicly display or re-display, use, copy, modify, delete in its entirety,
adapt, publish, translate, create derivative works from and/or sell and/or
distribute such Materials and/or incorporate such Materials into any form,
medium or technology whatsoever (including but not limited to Purina’s websites
and mobile apps, third party websites and mobile apps, online and off line
advertising, marketing and promotional materials) throughout the world that is
used by Purina or its agents in connection with the Service or the advertising,
promotion or marketing of Purina and its products and services.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to Purina that you own all Materials and/or have the
unencumbered legal right to grant the above-referenced license to Purina with
respect to all Materials that you submit. You also represent to Purina that such
materials do not infringe on any third party copyrights or other third party
intellectual property rights.
RELEASE AND INDEMNIFICATION
You agree to release, indemnify and hold Purina, its parent, , affiliated and
subsidiary companies (and their respective officers, directors, agents,
employees, and agents) harmless from all claims, demands, and damages (actual
and consequential) of every kind and nature, known and unknown including
reasonable attorneys’ fees, arising out of or in connection with any breach of
your representations and warranties set forth above, or your violation of any
law or rights of a third party.
USE OF YOUR EMAIL ADDRESS
By submitting your email address in connection with your rating and review, you
agree that Purina and its third party service providers may use your email
address to contact you about the status of your review and other administrative
purposes.
CHANGES TO TERMS OF USE
Purina reserves the right to modify or terminate the Service and these Terms of
Use for any reason, without notice, and without liability to you, or any third
party. You are responsible for regularly reviewing these Terms of Use so that
you are apprised of any changes.
Last Updated: February 5, 2014
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LINKING POLICY
Purina grants a nonexclusive, limited permission ("Permission") to display the
Trademarks contained in Purina domain names, brand names and logos to the
owner(s) of any web sites ("Owner") that would like to develop a link between
their site and the corresponding web site owned by Purina ("Purina Sites").
Links to Purina Sites other than those using Purina domain names, brand names or
logos are not permitted. The materials on Owner's site shall not imply any
association with or relation to Purina or imply in any way that any materials
from Purina Sites are maintained within Owner's web site.
No changes or modifications to the Purina domain names, brand names or logos may
be made. Use of the Purina domain names, brand names or logos for purposes other
than linking to Purina Sites is expressly forbidden. The domain names, brand
names and logos must not be used or associated with any obscene, scandalous,
inflammatory, pornographic, indecent, profane, defamatory or unlawful site or
materials in any way, or in any manner that would adversely affect the name,
reputation and goodwill of Purina and its products. Purina retains and reserves
all rights in and to Purina's trade names, trademarks, copyrights and all other
intellectual property with respect to its domain names, brand names and logos.
Purina reserves the right to cancel the Permission at any time and for any
reason. Upon receipt of such notification, use of the domain names, brand names
or logos must cease and the link between the web sites must terminate. Use of
Purina trademarks, trade names, logos, copyrighted material or any other
intellectual property of Purina for any purpose not stated herein is expressly
forbidden.
All materials are provided "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 NONINFRINGEMENT. Please
note that some jurisdictions may not allow the exclusion of implied warranties,
so some of the foregoing exclusions may not apply to you. Check your local laws
for any restrictions or limitations regarding the exclusion of implied
warranties.
Purina shall not be responsible for any loss, damage, liability or expense that
may accompany or result from your use of links, domain names, brand names or
logos, including but not limited to any computer virus; technical, hardware or
software failures of any kind; lost or unavailable network connections; or
failed, incomplete, garbled or delayed computer transmissions. The granting of
this Permission does not indicate nor should it be construed in any way to
represent an endorsement by Purina of any materials on a web site containing a
Purina domain name, brand name or logo or any other Purina intellectual
property.
Purina controls and operates its web sites from the company's North American pet
products headquarters in St. Louis, Missouri, in the United States of America.
Purina in no way implies that the domain names, brand names or logos are
appropriate or available for use outside of the United States. If you use our
materials from locations outside of the United States, you are responsible for
compliance with any applicable laws.
Purina may at any time revise this Linking Policy. You are bound by any such
revisions and should therefore periodically visit this page to review the
then-current Linking Policy to which you are bound.
The display of Purina domain names, brand names and logos on the web site
indicates the agreement by the web site Owner to the foregoing terms and
conditions.
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NESTLÉ CONSOLIDATED COUPON REDEMPTION POLICY
This Coupon Redemption Policy (the “Policy”) includes the following Nestlé
affiliated companies: Nestlé USA, Inc., Nestlé Prepared Foods Company, Nestlé
Purina PetCare Company, Nestlé HealthCare Nutrition, Inc., Gerber Products
Company, Vital Proteins, LLC., Essentia Sub, LLC., Sweet Earth, Inc., Chameleon
Cold Brew, LLC., Dreyer’s Grand Ice Cream, Zukes LLC., Merrick Pet Care, Inc.,
Foundry Foods Inc., and other subsidiaries designated by the forgoing companies
from time to time (collectively referred to as “Nestlé”).
POLICY SCOPE
This Policy governs the redemption terms relating to the coupons made available
by Nestlé for the purchase of Nestlé products where the point of sale occurs
at a physical retail establishment (the “Coupon(s)”) and the online purchase
codes made available by Nestlé for the purchase of Nestlé products where the
point of sale occurs online (the “Code(s)”). Such Coupons and/or Codes are
redeemable at participating retail merchants selling Nestlé products (each a
“Retailer”).
By submitting any Coupon for redemption and/or processing any Code, a Retailer
and its coupon clearinghouse (each a “clearinghouse”), if any, agree to be bound
by this Policy. Submission of Coupons or Codes for redemption signifies
compliance with the terms and conditions printed on such coupons and the terms
and conditions set forth below, which are incorporated into all Coupons and/or
Codes by reference. Each submission of Coupons to Nestlé’s processing agent
creates a binding enforceable agreement to honor the terms and conditions of
this Policy and the terms and conditions of the Coupon. It is the Retailer’s
responsibility to ensure its employees and agents are aware of and in compliance
with this Policy.
1. COUPONS
1.1 Coupons are void if not issued directly by Nestlé.
1.2 Coupons are void where prohibited, taxed, or otherwise restricted.
1.3 The cash redemption value of each Coupon is 1/80 of 1 cent.
1.4 Coupons are non-assignable and are void if transferred, bought, sold,
traded, exchanged for cash, other coupons, or certificates, or auctioned, from
their original recipient to any other person, firm, or group or charitable
organization prior to store redemption, or if photo-copied, reproduced, or
altered in any way. Nestlé does not permit the unauthorized distribution,
collection, sale, or assignment of its coupons for any reason. Therefore,
Coupons are not to be offered for sale via marketplace websites or mobile apps
(e.g. eBay, Facebook, etc.) or otherwise used in anyway except as described in
this policy.
1.5 Coupons are to be used toward the purchase of products for individual
consumer use only and should not be accepted by any Retailer for product that
will be resold. Coupons redeemed on salvaged, damaged, close-out or diverted
product will not be honored.
1.6 Coupons may be issued by Nestlé in the form of a paper coupon (a “Print
Coupon”) or through digital means, known as a digital or paperless coupon (a
“Digital Coupon”). A Digital Coupon shall be issued through a Nestlé
-authorized digital provider to a unique consumer ID, which shall be tied to a
particular Retailer, or through other Nestlé-approved verification tools.
1.7 Unless otherwise authorized by Nestlé, Digital Coupons are not authorized
for display on mobile phones.
2. CODES
2.1. Codes must be entered at checkout to receive a discount.
2.2. Codes are not valid in conjunction with any other Nestlé Coupon or offer
and are void where taxed, prohibited, and restricted. No adjustments to prior
purchases shall be made for any reason.
2.3. Codes are not valid for cash.
2.4. Codes are only valid on orders placed on the Site authorized by Nestlé as
indicated in the terms thereof, with a shipping and billing address found in the
continental U.S.
2.5. Nestlé does not permit the unauthorized publication, sale, or
dissemination of Codes for any reason. Therefore, Codes are not to be offered
for sale, published in any location other than as permitted by Nestlé in
writing or otherwise used in anyway except as described in this policy.
3. COUPON REDEMPTION AT RETAILER
3.1. Coupons are redeemable only when presented by a consumer purchasing the
brand(s), size(s), quantity(ies) and variety(ies) of product(s) indicated on the
Coupon at the time of transaction with the face value of the Coupon deducted
from the Retailer’s then current selling price or, in the case of a free goods
Coupon, the lesser of the Retailer’s then current selling price and the maximum
allowable amount specified on the Coupon. No Retailer should redeem a Coupon
for more than the Retailer’s then current selling price of the product(s)
indicated on the Coupon or return any excess Coupon face value to the consumer.
3.2. Coupons are redeemable by authorized Retailers only located in the fifty
states comprising the United States of America, the District of Columbia, U.S.
territories and possessions, and U.S. military installations worldwide,
including any A.P.O. and F.P.O. or as otherwise restricted on the coupon.
3.3. Multiple Nestlé Coupons two (2) or more, in any form including using a
Print Coupon and/or Digital Coupon together may not be applied against the
purchase of a single item, and a maximum of four (4) identical Print Coupons may
be redeemed for four (4) identical items in a single transaction or in separate
transactions with a consumer within a 24-hour period. Total value of the Coupons
should not exceed the value of the transaction. The number of Coupons should not
exceed the number of items in the transaction.
3.4. Coupons will include an expiration date. No Coupon may be redeemed after
the expiration date set forth on such Coupon.
3.5. The consumer must pay any sales tax applicable to the product(s) being
purchased.
4. PROCESSING COUPONS FOR PAYMENT AND DENIALS
4.1. Properly redeemed and identified Coupons must be submitted:
(i) directly by the Retailer that redeemed the Coupons, or
(ii) through a clearinghouse authorized and approved by Nestlé’s processing
agent. Submission by unauthorized intermediary agents will not be accepted.
Electronic clearing or any other exceptions to Nestlé’s standard process
requires prior written agreement from Nestlé. Coupon redemptions will be
managed through Nestlé’s designated processing agent.
Direct submissions from individual Retailers of Digital Coupons requires prior
written agreement from Nestlé. Nestlé requires Retailers participating in
Digital Coupon promotions to use industry standard formats for reading, writing,
and transmitting data and to implement industry standards for Digital Coupon
promotions to promote efficiency and strong controls. Coupon redemption
information should be forwarded by the participating Retailer to its
clearinghouse prior to sending on to Nestlé’s processing agent. All applicable
IRS reporting requirements, including obtaining an appropriate taxpayer
identification number, must be complied with by Retailers in connection with
Coupon redemption.
Send properly redeemed Coupons to:
For Print Coupons of Nestlé Purina PetCare Company:
Nestlé Purina PetCare Company
Inmar Dept #17800
801 Union Pacific Blvd, STE 5
Laredo, TX 78045
For Print Coupons of any other Nestlé entity:
Nestlé USA
Inmar Dept #00020
801 Union Pacific Blvd, STE 5
Laredo, TX 78045
4.2. Nestlé’s processing agent may request completion of a questionnaire to
facilitate the payment process. Providing false or misleading information in a
questionnaire submitted to Nestlé, its processing agent or a clearinghouse may
result in the termination of redemption privileges. Any Retailer who fails to
complete and submit a questionnaire to the Nestlé processing agent after two
(2) requests may be denied payment for any and all coupons submitted. Nestlé
reserves the right to forward Coupons to law enforcement agencies for review and
investigation as Nestlé may deem appropriate. Each shipment of Coupons will be
considered as a whole.
4.3. For each properly redeemed Coupon, Nestlé will reimburse the following
items:
(i) Face value of Coupons or, in the case of a free goods Coupon, the lesser of
the Retailer’s then current selling price and the maximum allowable amount
specified on the Coupon. If the Retailer does not write a price in the retail
price box, a predetermined default value based on a representative market value
determined by Nestlé will be used. Reimbursement shall not exceed either the
amount stated on the Coupon or the predetermined default value as described
herein.
(ii) Plus eight cents ($0.08) for each Coupon properly redeemed.
(iii) For paper coupons only, Nestlé will reimburse reasonable, actual direct
ground postage from Retailer, up to $0.05 per coupon, submitted to and approved
by Nestlé or its agent for handling/processing. All other postage and handling
costs and fees (including insurance) are the responsibility of the Retailer as
part of the initial $0.08.
(iv) Except as set forth above, Nestlé will not pay any other administrative,
handling, transportation or other coupon processing fees that Retailer may incur
or request.
The above items represent the only amounts for which Retailers will be
reimbursed. Nestlé may establish different reimbursement rates for different
types of Coupons and will notify Retailers of such changes.
The reimbursement amount above represents full and complete compensation
(including postage, shipping, data management, handling, insurance and
transportation) to the Retailer and its agents for the customary and reasonable
expenses incurred in processing the Coupons from point of sale to redemption at
Nestlé’s clearinghouse.
4.4. Invoices for Print Coupons received by Nestlé more than six (6) months
after the expiration date on the Coupon will not be honored. Invoices for
Digital Coupons must be presented to Nestlé’s processing agent within thirty
(30) days after the expiration of the Coupons.
4.5. Nestlé reserves the right, in its sole discretion, to withdraw and/or
refuse payments for any Print Coupon or Digital Coupon offer and to modify or
terminate any Code and/or consumer’s participation at any time due to fraud or
errors including but not limited to counterfeiting, unauthorized distribution,
significant data errors or system security breaches.
4.6. Nestlé reserves the right to deny reimbursement, retain, mark, and declare
void any Coupons and/or Codes presented for redemption that are:
(i) In mint/mass/gang/ or similar cut or torn condition;
(ii) In sequential number patterns, or contain evidence of tape, or
are in excessive or larger than normal quantities in single or multiple
transactions that would indicate the Coupons were used to purchase products for
resale and not for individual consumer use;
(iii) Altered or appear to be reproductions;
(iv) Submitted in a uniform mix (multiple submissions of a single Coupon
or the same quantity of several different Coupons);
(v) Not supported by sufficient Retailer stock to cover the number and
types of Coupons submitted for redemption;
(vi) Not supported by itemized invoices showing sufficient purchases of
products of the Retailer within the normal redemption cycle to cover the Coupons
presented for payment. Nestlé may request supporting data, typically
transaction log data, to verify actual consumer transactions for the period
involved;
(vii) Submitted by a Retailer whose address or business operations cannot
be verified;
(viii) Redeemed in a different area from their original distribution area
(out of area Coupons);
(ix) Published elsewhere without written permission from Nestlé;
(x) Accepted from the consumer after the stated expiration date;
(xi) Deemed to have any other indications of mis-redemption;
(xii) Otherwise suspect or suspected to be unauthorized or fraudulent; or
(xiii) Not in accordance with this Policy.
4.7. Nestlé will deny reimbursement for Coupons/Codes which exhibit signs of
misredemption, including, but not limited to: accuracy or quality issues in data
files, excessive or unusual patterns of redemption, use of multiple
Coupons/Codes for the purchase of a single item or use of more than four (4)
identical Coupons for the purchase of more than four (4) of the same item, and
excessive “make good” Coupons or point of sale overrides.
4.8.. Failure to provide Nestlé with legitimate (as determined by Nestlé)
proof-of-purchase will deem all Coupons null and void and payment for such
Coupons will be withheld. Handwritten invoices or invoices from salvaged
merchandise suppliers or diverters will not be honored as legitimate
proof-of-purchase. If false or misleading verification information is provided
to Nestlé, or the certified clearinghouse, redemption privileges with Nestlé
may be permanently terminated.
4.9. The Nestlé processing agent’s count of Coupons received will be final and
shall govern the payment of Coupons under this Policy.
5. NESTLÉ AUDIT OF RETAILER RECORDS
Nestlé reserves the right to audit the Coupon sorting or billing service of any
Retailer, clearinghouse, or agent involved in the handling or submission of
Coupons. Nestlé reserves the right to deal directly with all Retailers on all
matters pertaining to any Coupon submission or Code usage.
6. RETAILER PAYMENT DENIAL
In the event a Retailer payment is denied, the Retailer may appeal within six
(6) months of the date of submission. Appeals should be forwarded in writing to
the corresponding address below. Lack of action within six (6) months of any
variance constitutes Retailer’s agreement with the denial or adjustment, as
applicable. Appeals received after six (6) months will not be considered.
Appeals should be sent to:
For appeals related to Nestlé Purina PetCare Company:
Nestlé Purina PetCare Company
Inmar Dept #17800
801 Union Pacific Blvd, STE 5
Laredo, TX 78045
For appeals related to any other Nestlé entity:
Nestlé USA
Inmar Dept #00020
801 Union Pacific Blvd, STE 5
Laredo, Texas 78045
7. LIMITATION OF LIABILITY
Nestlé’s sole obligation hereunder is limited to reimbursing Retailer as
described in Section 4 for all Coupons redeemed by Retailer if valid and
redeemed in accordance with the terms hereof. In no event shall Nestlé’s
liability hereunder exceed the amount described in Section 4 for all valid
Coupons submitted by Retailer in accordance with the terms hereof.
8. PENALTIES/ UNAUTHORIZED DEDUCTIONS
Claims for any consumer Coupon-related expenses and/or fees, other than those
expressly permitted in this Policy, will be marked invalid and considered
unauthorized deductions. If Retailer fails to redeem Coupons or Codes in
accordance with this Policy or fails to repay Nestlé for unauthorized
deductions within a time frame requested by Nestlé, Nestlé reserves the right
to, in its sole discretion, (i) prosecute the Retailer under applicable fraud
statutes and forward Coupons, which Nestlé judges to be mis-redeemed, to law
enforcement agencies or other parties for their review and investigative
purposes, (ii) charge back the unpaid amount on future orders, (iii) collect or
deduct the unpaid amount from other available funding, (iv) withhold resources,
funding, innovation partnerships or aid, premiums or surcharges, or shipment and
credit holds, (v) implement a surcharge to cover any administrative fees of
analyzing, administering, or recovering the unpaid amount, (vi) refuse any
future order, cancel any current orders or refuse, delay, or withhold delivery
of current or future orders until Retailer repays the unauthorized amount,
and/or (v) for applicable Nestlé entities invoke any of the penalties or
actions described in the Nestlé Conditions and Terms of Sale and the
Unauthorized Deductions and Post Audit Claims Policy. Nestlé will provide prior
notification to customer of the actions to be taken. Nestlé reserves the right
to refuse payment for an entire shipment if any portion of the shipment is found
to be improperly redeemed.
9. MISCELLANEOUS
9.1 Any use of Coupons and/or Codes by a Retailer not consistent with these
terms shall be regarded as a material breach and may constitute fraud, and
Nestlé, at its sole discretion, may void all Coupons and/or Codes such Retailer
submits for redemption.
9.2 Retailer will not reimburse the Coupon and/or Code value, whether in the
form of cash, a gift card, or original form of payment, when a consumer returns
an item where a Nestlé Coupon and/or Code was used.
9.3 This Policy will be governed and construed in accordance with the federal
laws of the United States and the state laws of the State of Missouri. Any
action or proceeding brought by any party hereto which is related to this Policy
or any Coupon(s) and/or Code(s) shall be brought in a federal or state court
having proper subject matter jurisdiction and governing St. Louis County,
Missouri.
9.4 Any legal action hereunder must be brought within one (1) year of the
particular submission date giving rise to the cause of action or such claims
will be deemed extinguished. Each party shall be responsible for its own
attorneys’ fees and costs.
9.5 Nestlé’s failure to enforce any terms or conditions of this Policy shall
not constitute a waiver of them by Nestlé. No custom or practice of the parties
at variance with the terms of this Policy will constitute a waiver of such
party’s right to demand exact compliance with the terms hereof.
9.6 Nestlé reserves the right, in its sole discretion, and without prior notice
to any party, to modify, revise or eliminate any of the provisions of this
policy.
9.7 Should any provision(s) of this Policy be declared invalid for any reason,
such decision shall not affect the validity of any other provisions, which other
provisions shall remain in force and effect as if this Policy had been agreed to
with the invalid provision(s) eliminated.
If you have any questions or need further clarification, please call the Inmar
Retailer Hotline at (800) 285 7602.
Last Updated September 29, 2022
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