GERBER PRODUCT COMPANY/NESTLÉ INFANT NUTRITION MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
EFFECTIVE: January 1, 2020
TERMS AND CONDITIONS OF USE - PLEASE READ CAREFULLY
Thank you for visiting Gerber.com. The Gerber.com Website (the “Site”) is owned and operated by the Gerber Products Company/Nestlé Infant Nutrition (“Gerber”). Your access to and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and Gerber regarding this Site are superseded and of no force or effect.
This Site belongs to Gerber. Gerber or other third parties who have licensed Gerber’s use own the copyright to the contents of this Site. You may download only material displayed and identified on the Site as specifically available for downloading. Such material is for noncommercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Gerber’s written permission.
Submissions to the Site
Any information, communications or material you submit to Gerber at this Site, by email, download, or otherwise, including customer ratings, reviews, comments or other content (collectively, “Submissions”), are non-confidential, and you grant Gerber a perpetual, irrevocable, fully paid-up global license to use, modify, and reproduce such Submissions, in whole or in part, and your name and likeness (including your social media handles or profile information), as well as any ideas or concepts contained in your Submission for any purpose, including to develop, manufacture, advertise, or market products in any channels and in any media. Any such use or activity is without compensation to and without further approval from, the person submitting. If Gerber accepts your submission and specifically agrees to keep it confidential or not use it, nevertheless, Gerber does not waive any rights it may have to similar or related ideas previously known to Gerber or developed by its employees, or obtained from sources other than you. All Content that you submit may be used at Gerber’s sole discretion and Gerber is under no obligation to use or post any Submission.
By making a Submission, you represent that the Submission complies with these Terms and specifically the following Submission Guidelines:
- you are the sole author and either own all of the intellectual property rights to the Submission or have permission from the owner of any intellectual property rights in the Submission to make it available to Gerber;
- you are at least 18 years old;
- the Submission is not false, inaccurate or misleading; the Submission does not contain information or links that reference other websites, addresses, email addresses, contact information or phone numbers, or contain any person’s personally identifiable information;
- the Submission is not unlawful, defamatory, libelous, hateful, biased or offensive, indecent, pornographic, violent, threatening or harassing to any individual, or company, and does not encourage activity that is unlawful or that may create risks of legal liability or harm to others
- the Submission does not contain any computer viruses, worms or other potentially damaging computer programs or files.
- for product reviews:
- you did not receive any compensation or consideration or other benefit from anyone in connection with your review; and
- the review is focused solely on the product you are reviewing, and is based on your actual experience and knowledge.
Gerber may fully cooperate with any law enforcement authorities or court order requesting or directing Gerber to disclose the identity of anyone posting any Submission.
You agree to indemnify and hold Gerber (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 set forth above, or your violation of any law or the rights of a third party.
Right to Monitor or Remove Content
Copyright Complaints (DMCA policy)
Gerber respects the intellectual property of others, and we ask our users to do the same. Gerber may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Gerber by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
- Information reasonably sufficient to permit 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;
- 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send notice to:
Gerber Products Company/Nestlé Infant Nutrition
Attn: Legal Department, 1812 North Moore Street, Arlington, VA 22209
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Gerber or are used with permission. 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 any other content on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Gerber will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
This Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. Gerber Products Company is a participant in the Amazon Services LLC Associates Program, the Quidsi, Inc. Affiliate Program, and the Target Affiliate Marketing Program.* These programs are affiliate advertising and marketing programs designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com, diapers.com, and target.com, respectively. Gerber has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.
In general, Gerber does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of Gerber’s trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests Gerber has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with Gerber to do so. You may link to this Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without Gerber’s written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any Gerber names, trademarks, slogans, or any other words or codes identifying Gerber Site in any "metatag". Gerber will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Gerber and its products. Gerber reserves the right to cancel permission to link at any time, for any reason.
Fitness, Nutrition, & Health Information
Information presented on this Site is intended to impart general fitness, nutrition and health information. Gerber is not engaged in rendering medical advice or services. The information presented on this site is not intended for diagnostic or treatment purposes. You should consult your doctor for medical advice or services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
Please note a few Gerber web sites are clearly directed to medical professionals and the information contained on these web sites is not intended for general audiences.
Gerber Promotional Programs
“MyGerber” Program or similarly initiated Gerber promotional program(s) (the “Program”) is governed by the Terms and Conditions herein, and specifically the provisions stated below.
Items, including, but not limited to coupons, gift cards, or tangible goods received through Program
With respect to any item received through the Program, such as coupons, gift cards and or tangible goods (“Offer Item”), no exchanges, refunds or returns will be permitted. Offer Items are not transferable for cash, credit, or any other items, under any circumstances. You are responsible for all federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs or expenses associated with acceptance and use of any Offer Item. Gerber does not guarantee the quality of any Offer Items and cannot be held liable for any resulting personal loss or damage. If an Offer Item includes a trinket, or other merchandise item, participants acknowledge that Gerber has not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any item, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on an item (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. If Offer Item is a gift card, terms and conditions of gift card apply. Offer Items are subject to any additional terms and conditions specified with the offer.
Registration for Promotional Program(s):
Only one (1) Program registration is permitted per person/email address. If it is discovered that you have registered for multiple Program accounts by using multiple email addresses or identities, all of your Programs accounts (and any Offer Items not yet received) may be void at the Sponsor's discretion.
The Gerber.com Website is intended for residents of the United States only. This Site is controlled by Gerber Products Company/Nestlé Infant Nutrition from its offices in Arlington, Virginia, United States. Gerber makes no representation that materials on this Site are appropriate or available for use in other locations.
Limitation of Liability
Your use of and browsing on this Site are at your own risk. Gerber makes no warranties or representations as to the accuracy of the information contained on this Site. Neither Gerber nor any other party involved in creating, producing or delivering this Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. Gerber assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site. Additionally, 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.
*Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates. Quidsi and the Quidsi logo are trademarks of Quidsi, Inc. or its affiliates. The Bullseye Design and Target are registered trademarks of Target Brands, Inc.
Additional Small Business Terms and Conditions
Small Business account set up and purchases are subject to approval by Gerber. In addition, Small Business Accounts agree to the following:
1. Risk and Ownership:
1.a The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of the person identified by you to take possession of the products.
1.b Ownership of the product that you purchase from us will pass to you upon the later of: (a) delivery of the product; and (b) receipt by us in cleared funds of all amounts sue in respect of the product (including delivery charges)
1.c Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee
1.d If you are business customer, then until ownership of a product has passed to you:
(a) you must store the products separately from other goods; and
(b) you must ensure the product is clearly identifiable as belonging to us
2. Warranties and Representations:
2.a You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take the delivery of products in accordance with these terms and conditions (and our delivery policy);
2.b We warrant to you that:
(a) we have the right to sell the products that you buy;
3. Unauthorized Resale:
The unauthorized resale of Gerber products is strictly prohibited. Customers found to have engaged in the unauthorized resale of Gerber products shall have their accounts immediately terminated.