REVISED APRIL, 2016
Your access and use of the website, including your use of any ratings and review service that we may make available, 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.
1. License and Website Access
1.1 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.
1.2 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.
2. Copyright and Trademarks
2.1 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.
2.2 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.
3. Use of the Website and User Submissions
3.1 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.
3.2 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.
3.3 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, submit, or post 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. For any content that you submit, you grant Nestlé Waters North America Inc. and its affiliates a nonexclusive, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute and/or display such content, ideas, concepts, know-how, or techniques, and/or incorporate such content, ideas, concepts, know-how, or techniques into any form, medium or technology throughout the world without compensation to you. 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.
3.5 Nestlé Waters North America Inc. reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Nestlé Waters North America Inc., are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Nestlé Waters North America Inc., its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
3.6 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.
3.7 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.
3.8 You agree to indemnify and hold Nestlé Waters North America Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) 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 a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
3.9 General review writing rules and guidelines
You may be able to post reviews on this website. The maximum allowed length may vary depending upon the website you are on and the function you are using.
3.10 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.
3.11 What not to include:
You agree and warrant that you shall not submit any of the following content:
a. Time-sensitive material.
b. Comments on other reviews.
c. Profanity, obscenities, or spiteful remarks.
d. Single-word reviews. We want to know why you liked or disliked the item.
e. Solicitations for helpful votes.
f. Content known by you to be false, inaccurate or misleading;
g. Content that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
h. Content that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
i. Content that is, or may reasonably be considered in NWNA's sole discretion to be, defamatory, libelous, obscene, pornographic, profane, hateful, racially or religiously biased or offensive, threatening or harassing to any individual, partnership or corporation;
j. Content for which you were compensated or granted any consideration by any third party;
k. Any information that references other websites, addresses, email addresses, contact information or phone numbers;
l. Any computer viruses, worms or other potentially damaging computer programs or files.
Comments in violation of these guidelines may not be posted.
3.12 All submitted reviews become the licensed property of Nestlé Waters North America Inc. Your reviews may be posted on the website. Submissions that do not follow our review guidelines may not be posted.
3.13 By submitting any content you represent and warrant that:
a. You are the sole author and owner of the intellectual property rights thereto;
b. All "moral rights" that you may have in such content have been voluntarily waived by you;
c. You are at least 18 years old;
4.1 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.
4.2 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.
5. Descriptions of Products and Services
5.1 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.
5.2 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.
6. Third Party Websites
6.1 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.
7.1 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.
8. Copyright Complaints
8.1 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:
Nestle Waters of North America Inc.
Attn: Copyright Agent, Vice President & General Counsel
900 Long Ridge Road
Stamford, CT 06902
8.2 To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)):
a. Physical or electronic signature of a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed;
b. 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;
c. 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;
d. 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;
e. 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;
f. 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.
9. Applicable Law
9.1 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.
10.1 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.
11.1 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.