Thank you for visiting this website (the “Site” or “website”). 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 this website.
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 this website.
Please Note: These terms and conditions may be revised by Purina by updating this posting – Please read them carefully.
1. Privacy Notice
2. Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of information on this website, we are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website 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 website.
3. Submissions to this Site
Any non-personal communication or material you submit to this website 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 website. 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 website are the property of Purina or are included with the permission of the relevant owner.
You are permitted to browse this website, 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 website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
® Reg. Trademark of Société des Produits Nestlé S.A. . All rights reserved.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this website belong to Société des Produits Nestlé S.A which licenses such use to Purina. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Your use/misuse of the Trademarks displayed on this website, or on any other content on this website, 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 websites 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. The links are provided in good faith and Purina cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites 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 that you visit.
6. Warranties and Disclaimers
Your use of this website is at your own and exclusive risk.
THIS WEBSITE 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 THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE) INCLUDING WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD PARTIES, THAT ACCESS TO THIS WEBSITE WILL BE UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS WEBSITE WILL BE SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM PURINA THROUGH THIS WEBSITE IS ACCURATE OR TO BE RELIED UPON AND ANY REPRESENTATIONS OR WARRANTIES THERETO ARE ACCORDINGLY EXPRESSLY DISCLAIMED.
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 website or any feature of this website 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 website 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 website or arising from any other website you access through a link from this website 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 website shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website 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 website. If you choose to download material from this website 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 website.
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 website 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 website 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 website 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 website 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 Purinadoes 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 where you registered to receive such messages.
12. Jurisdiction and governing law
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 website are appropriate or available in locations other than the United States of America. The products appearing in this website are only visual representations and as such are not in their real size, etc..
You and Purina agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the State of Missouri, United States of America, without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of St. Louis County, State of Missouri, United States of America.
13. 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.
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:
Nestlé Purina® PetCare
ATTN: Legal Department, DMCA Copyright Notices
St. Louis, MO 63164
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:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- 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 PurinaPetCare Company to locate the material;
- 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;
- 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
- 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.
USER GENERATED CONTENT TERMS AND CONDITIONS
Nestlé Purina PetCare Company (“Purina”) owns and/or operates various websites 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.
Eligibility and registration
As part of the registration process, 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.
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.
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.
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 Purinaa worldwide, non-exclusive, royalty-free, irrevocable license to publicly display or re-display such Materials on the User-Generated Websites website and in all other forms of media (including, without limitation, e-mail blasts and mobile or text messages or applications) that are used by Purina or its agents in connection with the promotion, marketing, use, or expansion of any User-Generated Websites.
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. You agree to indemnify Purina® for any and all loses resulting form 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.
Please do not send to any User-Generated Website or post on any User-Generated Website forum anything that constitutes a trade secret, confidential or proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to any User-Generated Website will not be considered confidential or proprietary.
User-Generated Websites includes 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 website.
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, as the same may be modified and updated from time to time, with respect to your use of User-Generated Websites.
Submission of Content to the CRR Service
You agree that:
- All Content you submit is accurate, reflects your true opinion, and is based upon your actual experience with the product being reviewed;
- The Content you submit is original and was created by you;
- You are 18 years of age or older and a resident of the United States;
- You have not received any compensation or offer of compensation from any entity in exchange for your submission of the Content and you have no expectation of receiving any compensation in return for your submission of the Content;
- If you are a Purina employee, you have disclosed that relationship;
- You do not work for any company or agency hired by Purina to promote and/or sell Purina products;
- All information that you provide about yourself to the CRR Service is accurate and up to date.
You further agree that you shall not submit any Content:
- That is known by you to be false, inaccurate or misleading;
- 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 violates any law, statute, ordinance or regulation;
- That is offensive, obscene, vulgar, or is inappropriate for a public, family–friendly, and pet-friendly forum;
- That is, or may be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual or entity;
- For which you received compensation or were given any consideration by any third party;
- That encourages or advocates any unlawful or unauthorized behavior or activity;
- In which you impersonate another person or entity or use a false identity;
- Intended to disrupt or mislead anyone using the Service, such as the creation of multiple postings with the intent to monopolize or unduly influence the forum or submitting Content unrelated to the product being reviewed;
- That includes any information that references third party websites, 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.
License to Use Content
By uploading or submitting any Content to the CRR 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 Content and/or incorporate such Content into any form, medium or technology whatsoever (including but not limited to Purina’s websites, third party websites, online and off line advertising, marketing and promotional materials) throughout the world that is used by Purina or its agents in connection with the CRR Service or the promotion or marketing of Purina and its products and services.
You represent and warrant to Purina that you own all Content and/or have the unencumbered legal right to grant the above-referenced license to Purina with respect to all Content 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. You agree to indemnify Purina for any and all losses arising from the invalidity or inaccuracy of these representations.
All Content that you submit may be used at Purina's sole discretion. Purina reserves the right, but not the obligation, to:
- Monitor or review the Content you have submitted;
- To suspend or terminate your access to the CRR Services as Purina may deem appropriate.
Purina does not guarantee that you will have any recourse through Purina to edit or delete any Content you have submitted. Ratings 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 Contents of your submission. None of the Content 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.
Release and Indemnification
You agree to release, indemnify and hold Purina, its parent and affiliated 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.
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.
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.
Last updated: 2/2013