TERMS OF USE

Revised January, 2016

Your access and use of the website 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.

Please review our Privacy Policy, which also governs your visit to our website, to understand our information practices.  If you participate in any of our text messaging programs, please also review our SMS Terms and Conditions, which apply to those programs.

License and Website Access

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.

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.

Copyright and Trademarks

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. 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.

Use of Website

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.

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.
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 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. Anything you transmit or post may be used by Nestlé Waters North America Inc. or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Nestlé Waters North America Inc. is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

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.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Nestlé Waters North America Inc. or its affiliates for all claims resulting from content you supply. If you do post content or submit material, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. 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. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nestlé Waters North America, Inc. or its affiliates for all claims resulting from content you supply. Nestlé Waters North America, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Nestlé Waters North America, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

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.

General Review Writing Guidelines

You may be able to post reviews on this website. There is a 3,000 word maximum on reviews. The recommended length is 75 to 300 words.

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. What not to include:

Please refrain from including the following in your review:

Time-sensitive material.
Commenting on other reviews.
Profanity, obscenities, or spiteful remarks.
Single-word reviews. We want to know why you liked or disliked the item.
Phone numbers, mail addresses, URLs.
Solicitations for helpful votes.

Comments in violation of these guidelines will not be posted.
All submitted reviews become the licensed property of Nestlé Waters North America Inc. as set forth in our Privacy Notice.

Your reviews may be posted on the website. Submissions that do not follow our review guidelines will not be posted.

Disclaimers

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.

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.

Descriptions of Products and Services

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. 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.

Third Party Websites

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.

Revisions

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.

Copyright Complaints

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:

Attn: Copyright Agent

Nestlé Waters North America Inc.

900 Long Ridge Road
Stamford, CT 06902-1138
Attention: Vice President and General Counsel

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. § 512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. 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;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. 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.

Applicable Law

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.

Arbitration

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.

Severability

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.

 

SMS Terms and Conditions

Please read these terms and conditions carefully.  By checking the box to sign up for one or more text messaging programs, you expressly consent to receive non-marketing and marketing text messages from Nestlé Waters North America Inc. (“Company”) and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide.  You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services. 

You also accept and agree to be bound by these SMS Terms and Conditions, the Website Terms of Use, our Privacy Policy, the ReadyRefresh℠ Terms and Conditions (if applicable), and any other applicable terms and agreements related to your use of Company’s services.

Program Description

Company and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Company text messages to you.  Company text messages are intended to provide you with information about upcoming deliveries and Company’s goods and services (e.g., Company-sponsored events, recipes, coupons, promotions, product launches, sweepstakes, and contests).

Message Frequency

The number of Company text messages that you receive will vary depending on how many of Company’s text messaging programs for which you sign up to receive messages.  You will receive a maximum of three messages per week per Company text messaging program.  Company brands generally have separate text messaging programs.

Cost

Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.  Company does not impose a separate fee for sending Company text messages.

Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular One, among others.

How to Opt-In

To opt-in to receive text messages from a Company text messaging program(s), please follow the instructions provided by the specific brand from which you wish to receive messages.

How to Opt-Out

To stop receiving text messages from a specific Company text messaging program, text STOP to the five digit short code for the text messaging program from which you no longer wish to receive message (i.e., the five digit number from which its text messages are being sent).  You will then receive confirmation of your opt-out of that text messaging program.  This will only opt you out of the specific text messaging program associated with that five digit short code.  You will remain opted in to other Company text messaging programs.  

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide.  You are responsible for notifying Company immediately if you change your mobile telephone number.  You may notify Company of a number change by submitting a “contact us” form on the website associated with the specific text messaging program you opted into, as follows: Acqua Panna®, Arrowhead®, Deer Park®, Ice Mountain®, Nestea®, Nestlé® Pure Life®, Ozarka®, Perrier®, Poland Spring®, Resource®, ReadyRefresh℠, S.Pellegrino®, SANPELLEGRINO® Sparkling Fruit Beverages, Sweet Leaf® Tea, Tradewinds®, and Zephyrhills®.  

You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Privacy

Please click this link to access Company’s privacy policy.

Access or Delivery to Mobile Network is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions.  You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from them.

Support/Help

To request more information, text HELP to the five digit short code for the text messaging program about which you have questions (i.e., the five digit number from which its text messages are being sent).  You may also receive help by submitting a “contact us” form on the website associated with the specific text messaging program you opted into, as follows: Acqua Panna®, Arrowhead®, Deer Park®, Ice Mountain®, Nestea®, Nestlé® Pure Life®, Ozarka®, Perrier®, Poland Spring®, Resource®, ReadyRefresh℠, S.Pellegrino®, SANPELLEGRINO® Sparkling Fruit Beverages, Sweet Leaf® Tea, Tradewinds®, and Zephyrhills®.  

Eligibility

To receive Company text messages, you must be a resident of the United States and 18 years of age or older.  Company reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

Company may revise, modify, or amend these SMS Terms and Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to Company’s website.  You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive Company text messages will indicate your acceptance of those changes.

Termination of Text Messaging

Company may suspend or terminate your receipt of Company text messages if Company believes you are in breach of these SMS Terms and Conditions.  Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.

Communications and Consent to Electronic Notices

You may communicate with Company via postal mail, telephone, and our website.  Company may issue notices via these various channels, including by sending e-mail to an address you provide.  You agree that such notices shall have legal effect. 

You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing.  If you do not agree, do not use Company products or services. 

You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Company will provide you with paper copies upon request.  You may make such a request via [any of the channels listed above].  If you withdraw your consent, Company reserves the right to terminate your use of Company’s products or services. 

To receive, access, and retain the notices that Company sends via e-mail, you must have Internet access and a computer or device with a compatible web browser.  You will also need software capable of viewing files in PDF format.  Your device or computer must have the ability to print, or download and store, e-mails and PDF files.  By accepting these terms, you confirm that you are able to receive, access, and retain the notices that Company may send.  You may update your contact information [through the “contact us” form on the website associated with the specific text messaging program you opted into, as follows: Acqua Panna®Arrowhead®Deer Park®Ice Mountain®Nestea®Nestlé® Pure Life®Ozarka®, Perrier®, Poland Spring®Resource®ReadyRefresh℠S.Pellegrino®SANPELLEGRINO® Sparkling Fruit BeveragesSweet Leaf® TeaTradewinds®, and Zephyrhills®]

Contact Us

If you have questions regarding these SMS Terms and Conditions, please reach out to us by submitting a “contact us” form on the website associated with the specific text messaging program you opted into, as follows: Acqua Panna®Arrowhead®Deer Park®Ice Mountain®Nestea®Nestlé® Pure Life®Ozarka®, Perrier®, Poland Spring®Resource®ReadyRefresh℠S.Pellegrino®SANPELLEGRINO® Sparkling Fruit BeveragesSweet Leaf® TeaTradewinds®, and Zephyrhills®.