This website is owned by:
Nutricia North America
P.O. Box 117
Gaithersburg, MD 20884
This website is owned by:
Nutricia North America
P.O. Box 117
Gaithersburg, MD 20884
NUTRICIA LICENSE GRANTThe content of the Nutricia Digital Properties is the property of or has been licensed to Nutricia and it is protected by patent, trademark and copyright laws. On the condition that you comply with these Terms at all times, Nutricia grants you a personal, revocable, limited, non-exclusive, non-sublicenseable, non-transferable license to use the Nutricia Digital Properties solely to the extent expressly permitted in . You may print and download materials and information from the Nutricia Digital Properties solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
RESTRICTIONSYou will not (and you will not attempt or assist any third party to): (i) modify any materials included on the Nutricia Digital Properties; (ii) defeat or circumvent our security features or access the Nutricia Digital Properties through password mining, hacking, or any similar act; or (iii) utilize the Nutricia Digital Properties or any part of the content or materials included on this website for any purpose other than its intended purpose.
USER OBLIGATIONSBy downloading, accessing, or using the Nutricia Digital Properties in order to view any information and materials, register or enter into a transaction with or through Nutricia for any reason, or submit information of any kind, you represent that (i) you are at least eighteen (18) years of age or the legal age of majority in the state which you reside; (ii) you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Nutricia Digital Properties, including, without limitation, when you provide information via a Nutricia Digital Property registration or submission form or telecommunication resource; (iii) you will abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Nutricia Digital Properties and (iv) you are not a person barred from using such services under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Nutricia Digital Properties.
REGISTRATION; USER NAME HANDLING POLICYYour access to and use of certain areas of the Nutricia Digital Properties may require you to create an account or otherwise register as a user of such Nutricia Digital Properties. Such registration may require you to submit both a username and a password and to adhere to other particular access requirements, as may be designated by Nutricia from time to time. Only you can use your username and password and you will not make more than one account. You will treat your username and password as confidential information and will not disclose your username or password to any other person. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur under or through your account and you will immediately notify Nutricia if you become aware of any loss or theft of your password or any unauthorized access to or use of your user name and password. You will not use another person's username and password. Nutricia cannot and will not be liable for any loss or damage arising from your failure to comply with the obligations set forth in this section. Nutricia reserves the right to delete or change a username or password at any time and for any reason.
MOBILE SERVICESThe Nutricia Digital Properties may offer certain applications or services that are available to you via your mobile phone or other mobile device, including, without limitation, certain communication tools (collectively, "Mobile Services"). Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. You will use the Mobile Services, only in accordance with these Terms.
USER PARTICIPATION AND SUBMISSIONSFrom time to time, the Nutricia Digital Properties may offer you the ability to post content, communicate, or submit to us materials such as comments, remarks, responses, suggestions, ideas, graphics, opinions, photos, videos, entries to promotions, or other information or content you create ("Submissions"). Any Submission you provide to us should reflect your own honest opinions, findings, beliefs, or experience and you represent and warrant that you have the rights to provide such Submissions. If you choose to share any ideas on the Nutricia Digital Properties, please note that we cannot guarantee that other Nutricia Digital Property users or third parties will not use or otherwise disseminate the ideas that you share and Nutricia shall have no liability for third party use of your Submissions. Therefore, if you have an idea or other materials that you would like to keep confidential or otherwise do not want others, including Nutricia, to use, do not post it to the Nutricia Digital Properties. Furthermore, you will not upload, post, display, or transmit any of the following materials to the Nutricia Digital Properties:
COPYRIGHT; DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENTNutricia respects the intellectual property of others, and it asks its users to do the same. Accordingly, it is Nutricia's policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act. Responses may include removing or disabling access to content or materials claimed to be the subject of infringing activity and/or terminating your right to access and use the Nutricia Digital Properties. You acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If Nutricia terminates or suspends a user's access to or use of the Nutricia Digital Properties, Nutricia will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is Nutricia's policy to document all notices of alleged infringement upon which Nutricia decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public. If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide a written notice of your claim of copyright infringement that is directed to Nutricia's designated agent (identified below) as specified below along with the following information:
OTHER TERMS AND CONDITIONSAdditional notices, terms, and conditions may apply to the purchase of products (e.g., terms of purchase and return policy), participation in a program, registration with Nutricia, or the use of software. If you purchase any products or services from any Nutricia Digital Properties, the Nutricia Purchase Terms and Conditions apply. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between these Terms and other notices, terms, and conditions posted to the Nutricia Digital Properties, the latter terms shall control with respect to your use of that product or portion of the Nutricia Digital Properties or the applicable software, but only to the extent of any such conflict
SWEEPSTAKES AND CONTESTSAny sweepstakes, contests, games and/or promotional offers accessible on the Nutricia Digital Properties are governed by the official rules, specific rules and/or terms and conditions for the applicable sweepstakes, contest, game or promotional offer. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of any such conflict.
DISPUTES BETWEEN USERSYou understand and agree that you are solely responsible for your interactions with other users on the Nutricia Digital Properties. Nutricia is not responsible to monitor disputes between you and other Nutricia Digital Property users and is not liable for any loss or damage you may incur resulting from any interaction with other users. As a result of any such dispute or interaction in violation of these Terms, Nutricia may choose, in its sole discretion, to terminate your access to the Nutricia Digital Properties.
LINKS TO OTHER SITES AND CONTENTThe Nutricia Digital Properties may contain links to other websites operated by other companies. Nutricia does not endorse, monitor or have any control over such websites. Nutricia is not responsible for the content or policies of such third party websites and you understand and agree that you access such websites at your own risk.
LIMITATION OF LIABILITY AND DISCLAIMERSYour use of any of the Nutricia Digital Propoerties, including any content, information, materials, software, applications, and other items contained in or made available through the Nutricia Digital Properties, including Submissions (as defined below), is at your own risk. Nutricia reserves the right to change the Nutricia Digital Properties, including any and all content, information materials, software, applications, and other items contained in or made available through the Nutricia Digital Properties at any time without notice. NOTWITHSTANDING THE FOREGOING, NUTRICIA EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS, INFORMATION, OR OTHER ITEMS ON THE NUTRICIA DIGITAL PROPERTIES, ALTHOUGH NUTRICIA MAY MODIFY SUCH ITEMS AT ANY TIME WITHOUT NOTICE. THE PROGRAMS, SERVICES, PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON OR THROUGH THE NUTRICIA DIGITAL PROPERTIES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NUTRICIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE PROGRAMS, SERVICES, PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THE NUTRICIA DIGITAL PROPERTIES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE OR OTHERWISE.
NO MEDICAL ADVICENEITHER NUTRICIA NOR THE NUTRICIA DIGITAL PROPERTIES PROVIDE MEDICAL ADVICE. THE NUTRICIA DIGITAL PROPERTIES ARE FOR EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE NUTRICIA DIGITAL PROPERTIES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE NUTRICIA DIGITAL PROPERTIES, INCLUDING THE MATERIAL AND ANY RELATED SERVICES OR INFORMATION, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU HAVE A MEDICAL EMERGENCY, PLEASE CALL 911.
INDEMNIFICATIONYou agree to defend, indemnify and hold Nutricia, our parent and affiliates, and each of our and their respective officers, directors, employees, representatives and agents harmless from and against any and all claims, demands, losses, liabilities and/or damages (including attorneys' fees and court costs) arising out of: (i) your use of the Nutricia Digital Properties; (ii) your breach or alleged breach of these Terms; (iii) your use of any third party content, information, or services made available through the Nutricia Digital Properties; (iv) any Submission posted by you; or (v) your alleged violation of the rights of any third party, including but not limited to claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right.
ENFORCING SECURITY ON THE NUTRICIA DIGITAL PROPERTIESActual or attempted unauthorized use of the Nutricia Digital Properties may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Nutricia reserves the right to take steps Nutricia believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms such as view, monitor, and record activity on the Nutricia Digital Properties without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Nutricia Digital Properties. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Nutricia Digital Properties as well as to disclosures required by or under applicable law or related government agency actions. Nutricia will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Nutricia reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Nutricia Digital Properties, or any portion of the Nutricia Digital Properties in order to protect the Nutricia Digital Properties, Nutricia, or Nutricia's business.
ENTIRE AGREEMENTNo joint venture, partnership, employment, affiliate, or agency relationship exists between you and Nutricia as result of these Terms or your utilization of the Nutricia Digital Properties. These Terms represent the entire agreement between you and Nutricia with respect to use of the Nutricia Digital Properties, and (except as provided in the section titled "OTHER TERMS AND CONDITIONS") they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Nutricia with respect to the Nutricia Digital Properties. You may not assign or transfer any rights under these Terms without the prior written consent of Nutricia. In addition, Nutricia may modify, or cease to make accessible or available, any aspect, program, or feature of the Nutricia Digital Properties, but Nutricia is not under any obligation to upgrade, enhance, or otherwise modify the Nutricia Digital Properties. You agree that Nutricia shall not be liable to you or any third party for any modification or cessation of the Nutricia Digital Properties.
INJUNCTIVE RELIEFYou acknowledge that any breach, threatened or actual, of these Terms, including, without limitation, with respect to unauthorized use of Nutricia's proprietary assets, will cause irreparable injury to Nutricia, such injury would not be quantifiable in monetary damages, and Nutricia would not have an adequate remedy at law. You therefore agree that Nutricia shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. You hereby waive any requirement that Nutricia post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Nutricia to enforce any provision of these Terms.
TERM AND TERMINATIONThese Terms will take effect at the moment you click "ACCEPT", register an account on, respond to a request for information from, or begin downloading, accessing, or using the Nutricia Digital Properties, whichever is earliest. Nutricia reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to deny your access to the Nutricia Digital Properties or to any portion thereof in order to protect its name and goodwill, its business, and/or other users. Nutricia reserves the right, in its sole discretion, to terminate your access to the Nutricia Digital Properties, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice. These Terms terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate these Terms at any time by ceasing to use the Nutricia Digital Properties, but all applicable provisions of these Terms will survive termination, as identified below, and each re-access or use of the Nutricia Digital Properties will reapply the version of these Terms then in effect to you. Upon termination, you must destroy all copies of any aspect of the Nutricia Digital Properties in your possession. Upon termination of these Terms for any reason, all of the rights granted to you in these Terms are revoked or otherwise terminated. Without limiting the foregoing, the provisions concerning Nutricia's proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, waiver and severability, entire agreement, and governing law will survive the termination of these Terms for any reason.
SEVERABILITYIf any provision in the Terms is invalid or unenforceable under any applicable statute, regulation, ordinance, executive order or other rule or law, such provision shall be deemed reformed or deleted by only to the extent necessary to comply with such statute, regulation, ordinance order or rule, and the remaining provisions of these Terms shall remain in full force and effect.
GOVERNING LAWThese Terms are governed and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms, with the exception of arbitration, shall be an appropriate state or federal court located in the State of New York.