Thank you for visiting our website and mobile app (collectively, our “Site”). 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 our Site.
Throughout this site, the terms "we", "us", "our", and "Merrick" refer to Merrick Pet Care Inc., a U.S. corporation, and any of its direct and indirect subsidiaries. “You” refers to any person accessing and/or using our Site.
These terms and conditions may be revised by Merrick by updating this posting – Please read them carefully.
Please note that Section 12 of these Terms requires that you arbitrate claims you may have against Merrick, which means that you cannot bring claims against Merrick in court, and confirm your agreement to a class action waiver in arbitration.
1. Privacy Notice
Any personal information or material sent to this Site are subject to the terms and conditions set out in our Privacy Policy. We encourage you to read and refer to it before you submit any personal information to this Site. The Privacy Policy is a part of these terms and conditions.
2. Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of information on this Site, we are not responsible if the information that we make available on this Site is not accurate or complete. Any reliance upon the material on this Site 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 Site.
3. Submissions to this Site
Any non-personal communication or material you submit to this Site 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 Merrick and Merrick may use and reproduce such Submission freely, and for any purpose. Specifically, Merrick 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 Site. 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 Merrick’s use will not violate any third party's rights or otherwise place us in breach of any applicable laws. Merrick 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 Site are the property of Merrick or are property of their respective owners.
You are permitted to browse this Site, 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 Site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication, website, or mobile app.
® Reg. Merrick trademarks are property of Société des Produits Nestlé S.A. All rights reserved.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this Site belong to Société des Produits Nestlé S.A which licenses such use to Merrick. 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 on any other content on this Site, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that Merrick will vigorously enforce its intellectual property rights to the fullest extent of the law.
5. Links to Other Websites
Links on the Merrick Sites may take you outside the Merrick network and systems and Merrick accepts no responsibility for the content, accuracy or function of these other third party websites or mobile apps. The links are provided in good faith and Merrick cannot be held responsible for any subsequent change in other third party websites or mobile apps to which we provide a link. The inclusion of any link to other websites or mobile apps does not imply endorsement by Merrick. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites or mobile apps that you visit.
6. Warranties and Disclaimers
Your use of this Site is at your own and exclusive risk.
Warranties
THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, CONSEQUENTLY, MERRICK MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS SITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD PARTIES, THAT ACCESS TO THIS SITE WILL BE UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS SITE WILL BE SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM MERRICK THROUGH THIS SITE IS ACCURATE OR TO BE RELIED UPON. ANY REPRESENTATIONS TO THE CONTRARY OR IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE).
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 Site or any feature of this Site 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
Merrick and/or any other party involved in the creating, producing or delivering this Site 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 Site or arising from any other website or mobile app you access through a link from this Site 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.
Merrick and/or any other party involved in the creating, producing or delivering this Site shall have no responsibility to maintain the material and services made available on this Site or to supply any corrections, updates, or releases in connection therewith. Any material on this Site is subject to change without notice.
Further, Merrick 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 Site. If you choose to download material from this Site you do so at your own risk.
Although Merrick may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Merrick 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 Merrick, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this Site.
9. Prohibited Activities
You are prohibited from doing any act that Merrick 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 Site 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 Site to defame or libel Merrick, its employees or other individuals or acting in such a way that brings into disrepute the good name of Merrick;
Uploading files that contain viruses that may cause damage to the property of Merrick or the property of other individuals; and
Posting or transmitting to this Site 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 Merrick’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 Merrick permits or makes available to you the ability to: (a) upload content to the Site 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 Merrick does 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 Merrick 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 or mobile app where you registered to receive such messages.
12. Dispute Resolution
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court. For purposes of this Section 12 (Dispute Resolution), “Merrick” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MERRICK WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If you and Merrick have a Dispute (defined below) and our customer service team is unable to resolve your concern, you and Merrick agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. If you intend to initiate an arbitration proceeding, you must first send a verified Notice to Merrick that describes the Dispute. The Notice must include your name and contact information (address, telephone number, and email address), sufficient information to enable Merrick to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. The Notice shall be sent by email to: Dispute Resolution at ContactUs@merrickpetcare.com. You must personally sign the Notice. If requested by Merrick, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or Merrick may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If you commence an arbitration without providing Notice and completing the informal dispute resolution process, you will be responsible for any filing fees or other costs incurred in connection with such arbitration. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and Merrick will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and Merrick, your access or use of our Site or any products or services offered by or purchased from Merrick, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH MERRICK IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.
We agree that the arbitration will be administered by the American Arbitration Association (“AAA”), adr.org. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section.). To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: Dispute Resolution at ContactUs@merrickpetcare.com, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, Merrick will pay all fees and costs that we are required by law to pay.
AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section [12] (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against Merrick by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Merrick shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Merrick.
Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, we agree that if Merrick makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.
13. Applicable Law and Venue
The Merrick products, services, materials, offers and information appearing on this site are intended for users and/or customers in the United States of America only. Merrick makes no representation that the products, services, and content of this Site are appropriate or available in locations other than the United States of America. The products appearing in this Site are only visual representations and as such are not in their real size, etc.
The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on our Site), shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Missouri, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Missouri.
Any action relating to the use of the Site or any transaction with Merrick must be brought in the state or federal courts located in St. Louis, Missouri, for any lawsuit or court proceeding permitted under these Terms. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
14. 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
Merrick is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Merrick 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:
By Mail:
Nestlé Merrick® PetCare, ATTN: Legal Department, DMCA Copyright Notices, Checkerboard Square, St. Louis, MO 63164
By Email:
ContactUs@merrickpetcare.com
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 Merrick Pet Care Inc., to locate the material;
- Information reasonably sufficient to permit Merrick Pet Care Inc., 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
Merrick Pet Care Inc., (“Merrick”) owns and/or operates various websites, mobile apps, social media and other online properties 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.
Abbreviated Terms Community Guidelines:
Our social media page is a family- friendly and pet- friendly page. We ask that you play nice and be polite. While we encourage the sharing of your comments, photos, videos, and links, please understand that the postings to our page do not necessarily represent the opinions of Merrick Pet Care Inc. or its affiliates. Posts that we feel are offensive, inappropriate or not otherwise keeping with the spirit of the page, such as advertising, spam, posts that reflect irresponsible pet ownership, are off-topic, or contain vulgar language, posts that may violate the rights of others, or violate any of Facebook’s terms of use, or may be removed. We also reserve the right to block. If you have a material connection to Merrick (as an employee, agency, sponsored blogger/brand ambassador, etc.), please be sure to let everyone know that when you post.
Use of Your Comments, Photos and Videos:
We love to see all your comments, photos and videos. By submitting or uploading your story, comment, photo or video of you, your pet(s), and your minor children (“Your Content”) on our wall or page, you are authorizing Merrick Pet Care Inc. (Merrick) to use, publish, and otherwise reproduce, modify and distribute Your Content with or without your name or the name of your pet or minor children in perpetuity, worldwide in any and all Merrick related media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion or advertising of Merrick or its products via the Internet, web sites, mobile apps, and social media. Please do not upload or post any photos or videos of pets other than your own unless you have the owner’s permission. If individuals other than you appear in the photo or video, you must have permission to use the photo or video from the individuals (or their parent’s or legal guardian’s permission if a minor).
Submissions to this Page:
Any material you submit to our page by upload, or otherwise, including any data, questions, comments, ideas, 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 Merrick and Merrick may use and reproduce such Submission freely, and for any purpose. Specifically, Merrick 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 post to our page. Any such use is without compensation to you. By making a Submission, you are also warranting that you own the material/content submitted and that Merrick’s use will not violate any third party's rights or otherwise place us in breach of any applicable laws. Merrick is under no obligation to use the information submitted. You understand that Merrick employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submissions and that Merrick is only willing to consider the Submissions on these terms.
In the event of any conflict between these abbreviated terms and the Full Terms below, the Full Terms shall be deemed to apply.
Full Terms:
Eligibility and registration
As part of the registration process (if one is required), 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.
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 Merrick 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.
Children’s privacy
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.
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 Merrick a worldwide, non-exclusive, royalty-free, irrevocable license to use, publish, and otherwise reproduce, modify and distribute such Materials on the User-Generated Websites and in any and all Merrick related media for any lawful purpose with or without your name or the name of your pet or minor children. These uses may include, but are not limited to, information, education, promotion or advertising of Merrick or its products via the Internet, web sites, mobile apps, and social media.
You represent to Merrick 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 Merrick that such materials do not infringe any third party copyrights or other third party intellectual property rights or rights of privacy or publicity. You agree to indemnify Merrick® for any and all loses resulting from 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 Merrick’s proprietary information, which includes the sum of all postings and photos to the site.
Any material you submit to any User-Generated Website by upload, or otherwise, including any data, questions, comments, ideas, 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 Merrick and Merrick may use and reproduce such Submission freely, and for any purpose. Specifically, Merrick 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 post to our page. Any such use is without compensation to you. By making a Submission, you are also warranting that you own the material/content submitted and that Merrick’s use will not violate any third party's rights or otherwise place us in breach of any applicable laws. Merrick is under no obligation to use the information submitted. You understand that Merrick employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submissions and that Merrick is only willing to consider the Submissions on these terms.
User-Generated Websites include 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 Merrick. Merrick 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. Merrick’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. Merrick 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 Site.
USER-GENERATED WEBSITES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
Standard Terms and Conditions for Merrick Sites
In addition to these User-Generated Websites Terms and Conditions, you agree to be bound by Merrick’s standard Terms and Conditions for its websites and mobile apps, as the same may be modified and updated from time to time, with respect to your use of User-Generated Websites.
Consumer Ratings & Reviews – Terms Of Use
These Terms of Use govern your conduct, agreement, and the rights of Merrick Pet Care Inc. ("Merrick") as relates to the Consumer Ratings and Reviews Service offered by Merrick (the "Service"). By submitting any Materials to the Service, you agree to the following terms of use. As used herein, "Materials" means any text, quotes, comments, stories, photos, videos, likeness (including name and image) or other material or information you provide to the Service. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICE.
You agree that:
- You are 18 years of age or older and a resident of the United States;
- You have not received any compensation/consideration or offer of compensation/consideration from any entity in exchange for your submission of the Materials;
- If you are a Merrick employee, you have disclosed that relationship; and
- You do not work for any company or agency hired by Merrick to promote and/or sell Merrick products.
Submission of Materials to the Service
You agree that:
- All Materials and information about yourself that you submit are accurate, up to date, reflect your true opinion, and are based upon your actual experience with the product being reviewed;
- The Materials you submit are original and created by you; and
- Merrick may use the Materials for advertising, marketing, and/or promotional and other purposes as set forth in these Terms of Use and you will not be entitled to any compensation for such use;
You further agree that you shall not submit any Materials:
- That are known by you to be false, inaccurate, or misleading to anyone using the Service. For example, you will not use a false identity or create multiple postings with the intent to monopolize or unduly influence the forum or submit Materials unrelated to the product being reviewed;
- 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 encourages or advocates any unlawful or unauthorized behavior or activity or violates any law, statute, ordinance or regulation;
- That are offensive, obscene, vulgar, or is inappropriate for a public, family-friendly, and pet-friendly forum;
- That are, or may be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual or entity;
- That include any information that references third party websites, mobile apps, 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.
All Materials that you submit may be used at Merrick’s sole discretion. Merrick reserves the right, but not the obligation, to:
- Monitor or review the Materials you have submitted;
- To condense or remove or refuse to post any Materials submitted to the Service that Merrick deems in its sole discretion to be inappropriate or violate any of these Terms of Use or Review Guidelines without giving you notice; and
- To suspend or terminate your access to the Services as Merrick may deem appropriate.
You will not be provided with any recourse to edit or delete any Materials after you have submitted them. Ratings, photos, videos, and written comments are generally posted within two to four business days. However, Merrick has the right to remove or refuse to post any submission for any reason. You acknowledge that you, not Merrick, are responsible for the Materials you submit. None of the Materials that you submit shall be subject to any obligation of confidence on the part of Merrick, its agents, subsidiaries, affiliates, or third party service providers and their respective directors, officers and employees.
License to Use Materials
By submitting any Materials to the Service, you automatically grant Merrick 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 Materials and/or incorporate such Materials into any form, medium or technology whatsoever (including but not limited to Merrick’s websites and mobile apps, third party websites and mobile apps, online and off line advertising, marketing and promotional materials) throughout the world that is used by Merrick or its agents in connection with the Service or the advertising, promotion or marketing of Merrick and its products and services.
Representations and Warranties
You represent and warrant to Merrick that you own all Materials and/or have the unencumbered legal right to grant the above-referenced license to Merrick with respect to all Materials that you submit. You also represent to Merrick that such materials do not infringe on any third party copyrights or other third party intellectual property rights.
Release and Indemnification
You agree to release, indemnify and hold Merrick, its parent, , affiliated and subsidiary 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.
Use of Your Email Address
By submitting your email address in connection with your rating and review, you agree that Merrick and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
Changes to Terms of Use
Merrick reserves the right to modify or terminate the Service and these Terms of Use for any reason, without notice, and without liability to you, or any third party. You are responsible for regularly reviewing these Terms of Use so that you are apprised of any changes.
Last Updated: February 5, 2014
Linking Policy
Merrick grants a nonexclusive, limited permission ("Permission") to display the Trademarks contained in Merrick 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 Merrick ("Merrick Sites"). Links to Merrick Sites other than those using Merrick domain names, brand names or logos are not permitted. The materials on Owner's site shall not imply any association with or relation to Merrick or imply in any way that any materials from Merrick Sites are maintained within Owner's web site.
No changes or modifications to the Merrick domain names, brand names or logos may be made. Use of the Merrick domain names, brand names or logos for purposes other than linking to Merrick 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 Merrick and its products. Merrick retains and reserves all rights in and to Merrick's trade names, trademarks, copyrights and all other intellectual property with respect to its domain names, brand names and logos. Merrick 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 Merrick trademarks, trade names, logos, copyrighted material or any other intellectual property of Merrick 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.
Merrick 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 Merrick of any materials on a web site containing a Merrick domain name, brand name or logo or any other Merrick intellectual property.
Merrick 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. Merrick 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.
Merrick 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 Merrick domain names, brand names and logos on the web site indicates the agreement by the web site Owner to the foregoing terms and conditions.
Nestlé Consolidated Coupon Redemption Policy
This Coupon Redemption Policy (the “Policy”) includes the following Nestlé affiliated companies: Nestlé USA, Inc., Nestlé Prepared Foods Company, Nestlé Purina PetCare Company, Nestlé HealthCare Nutrition, Inc., Gerber Products Company, Vital Proteins, LLC., Essentia Sub, LLC., Sweet Earth, Inc., Chameleon Cold Brew, LLC., Dreyer’s Grand Ice Cream, Zukes LLC., Merrick Pet Care, Inc., Foundry Foods Inc., and other subsidiaries designated by the forgoing companies from time to time (collectively referred to as “Nestlé”).
Policy Scope
This Policy governs the redemption terms relating to the coupons made available by Nestlé for the purchase of Nestlé products where the point of sale occurs at a physical retail establishment (the “Coupon(s)”) and the online purchase codes made available by Nestlé for the purchase of Nestlé products where the point of sale occurs online (the “Code(s)”). Such Coupons and/or Codes are redeemable at participating retail merchants selling Nestlé products (each a “Retailer”).
By submitting any Coupon for redemption and/or processing any Code, a Retailer and its coupon clearinghouse (each a “clearinghouse”), if any, agree to be bound by this Policy. Submission of Coupons or Codes for redemption signifies compliance with the terms and conditions printed on such coupons and the terms and conditions set forth below, which are incorporated into all Coupons and/or Codes by reference. Each submission of Coupons to Nestlé’s processing agent creates a binding enforceable agreement to honor the terms and conditions of this Policy and the terms and conditions of the Coupon. It is the Retailer’s responsibility to ensure its employees and agents are aware of and in compliance with this Policy.
1. Coupons
1.1 Coupons are void if not issued directly by Nestlé.
1.2 Coupons are void where prohibited, taxed, or otherwise restricted.
1.3 The cash redemption value of each Coupon is 1/80 of 1 cent.
1.4 Coupons are non-assignable and are void if transferred, bought, sold, traded, exchanged for cash, other coupons, or certificates, or auctioned, from their original recipient to any other person, firm, or group or charitable organization prior to store redemption, or if photo-copied, reproduced, or altered in any way. Nestlé does not permit the unauthorized distribution, collection, sale, or assignment of its coupons for any reason. Therefore, Coupons are not to be offered for sale via marketplace websites or mobile apps (e.g. eBay, Facebook, etc.) or otherwise used in anyway except as described in this policy.
1.5 Coupons are to be used toward the purchase of products for individual consumer use only and should not be accepted by any Retailer for product that will be resold. Coupons redeemed on salvaged, damaged, close-out or diverted product will not be honored.
1.6 Coupons may be issued by Nestlé in the form of a paper coupon (a “Print Coupon”) or through digital means, known as a digital or paperless coupon (a “Digital Coupon”). A Digital Coupon shall be issued through a Nestlé -authorized digital provider to a unique consumer ID, which shall be tied to a particular Retailer, or through other Nestlé-approved verification tools.
1.7 Unless otherwise authorized by Nestlé, Digital Coupons are not authorized for display on mobile phones.
2. Codes
2.1. Codes must be entered at checkout to receive a discount.
2.2. Codes are not valid in conjunction with any other Nestlé Coupon or offer and are void where taxed, prohibited, and restricted. No adjustments to prior purchases shall be made for any reason.
2.3. Codes are not valid for cash.
2.4. Codes are only valid on orders placed on the Site authorized by Nestlé as indicated in the terms thereof, with a shipping and billing address found in the continental U.S.
2.5. Nestlé does not permit the unauthorized publication, sale, or dissemination of Codes for any reason. Therefore, Codes are not to be offered for sale, published in any location other than as permitted by Nestlé in writing or otherwise used in anyway except as described in this policy.
3. Coupon Redemption at Retailer
3.1. Coupons are redeemable only when presented by a consumer purchasing the brand(s), size(s), quantity(ies) and variety(ies) of product(s) indicated on the Coupon at the time of transaction with the face value of the Coupon deducted from the Retailer’s then current selling price or, in the case of a free goods Coupon, the lesser of the Retailer’s then current selling price and the maximum allowable amount specified on the Coupon. No Retailer should redeem a Coupon for more than the Retailer’s then current selling price of the product(s) indicated on the Coupon or return any excess Coupon face value to the consumer.
3.2. Coupons are redeemable by authorized Retailers only located in the fifty states comprising the United States of America, the District of Columbia, U.S. territories and possessions, and U.S. military installations worldwide, including any A.P.O. and F.P.O. or as otherwise restricted on the coupon.
3.3. Multiple Nestlé Coupons two (2) or more, in any form including using a Print Coupon and/or Digital Coupon together may not be applied against the purchase of a single item, and a maximum of four (4) identical Print Coupons may be redeemed for four (4) identical items in a single transaction or in separate transactions with a consumer within a 24-hour period. Total value of the Coupons should not exceed the value of the transaction. The number of Coupons should not exceed the number of items in the transaction.
3.4. Coupons will include an expiration date. No Coupon may be redeemed after the expiration date set forth on such Coupon.
3.5. The consumer must pay any sales tax applicable to the product(s) being purchased.
4. Processing Coupons for Payment and Denials
4.1. Properly redeemed and identified Coupons must be submitted:
(i) directly by the Retailer that redeemed the Coupons, or
(ii) through a clearinghouse authorized and approved by Nestlé’s processing agent. Submission by unauthorized intermediary agents will not be accepted.
Electronic clearing or any other exceptions to Nestlé’s standard process requires prior written agreement from Nestlé. Coupon redemptions will be managed through Nestlé’s designated processing agent.
Direct submissions from individual Retailers of Digital Coupons requires prior written agreement from Nestlé. Nestlé requires Retailers participating in Digital Coupon promotions to use industry standard formats for reading, writing, and transmitting data and to implement industry standards for Digital Coupon promotions to promote efficiency and strong controls. Coupon redemption information should be forwarded by the participating Retailer to its clearinghouse prior to sending on to Nestlé’s processing agent. All applicable IRS reporting requirements, including obtaining an appropriate taxpayer identification number, must be complied with by Retailers in connection with Coupon redemption.
Send properly redeemed Coupons to:
For Print Coupons of Merrick Pet Care:
Nestlé USA, Inmar Dept #00020, 801 Union Pacific Blvd, STE 5, Laredo, TX 78045
4.2. Nestlé’s processing agent may request completion of a questionnaire to facilitate the payment process. Providing false or misleading information in a questionnaire submitted to Nestlé, its processing agent or a clearinghouse may result in the termination of redemption privileges. Any Retailer who fails to complete and submit a questionnaire to the Nestlé processing agent after two (2) requests may be denied payment for any and all coupons submitted. Nestlé reserves the right to forward Coupons to law enforcement agencies for review and investigation as Nestlé may deem appropriate. Each shipment of Coupons will be considered as a whole.
4.3. For each properly redeemed Coupon, Nestlé will reimburse the following items:
(i) Face value of Coupons or, in the case of a free goods Coupon, the lesser of the Retailer’s then current selling price and the maximum allowable amount specified on the Coupon. If the Retailer does not write a price in the retail price box, a predetermined default value based on a representative market value determined by Nestlé will be used. Reimbursement shall not exceed either the amount stated on the Coupon or the predetermined default value as described herein.
(ii) Plus eight cents ($0.08) for each Coupon properly redeemed.
(iii) For paper coupons only, Nestlé will reimburse reasonable, actual direct ground postage from Retailer, up to $0.05 per coupon, submitted to and approved by Nestlé or its agent for handling/processing. All other postage and handling costs and fees (including insurance) are the responsibility of the Retailer as part of the initial $0.08.
(iv) Except as set forth above, Nestlé will not pay any other administrative, handling, transportation or other coupon processing fees that Retailer may incur or request.
The above items represent the only amounts for which Retailers will be reimbursed. Nestlé may establish different reimbursement rates for different types of Coupons and will notify Retailers of such changes.
The reimbursement amount above represents full and complete compensation (including postage, shipping, data management, handling, insurance and transportation) to the Retailer and its agents for the customary and reasonable expenses incurred in processing the Coupons from point of sale to redemption at Nestlé’s clearinghouse.
4.4. Invoices for Print Coupons received by Nestlé more than six (6) months after the expiration date on the Coupon will not be honored. Invoices for Digital Coupons must be presented to Nestlé’s processing agent within thirty (30) days after the expiration of the Coupons.
4.5. Nestlé reserves the right, in its sole discretion, to withdraw and/or refuse payments for any Print Coupon or Digital Coupon offer and to modify or terminate any Code and/or consumer’s participation at any time due to fraud or errors including but not limited to counterfeiting, unauthorized distribution, significant data errors or system security breaches.
4.6. Nestlé reserves the right to deny reimbursement, retain, mark, and declare void any Coupons and/or Codes presented for redemption that are:
(i) In mint/mass/gang/ or similar cut or torn condition;
(ii) In sequential number patterns, or contain evidence of tape, or are in excessive or larger than normal quantities in single or multiple transactions that would indicate the Coupons were used to purchase products for resale and not for individual consumer use;
(iii) Altered or appear to be reproductions;
(iv) Submitted in a uniform mix (multiple submissions of a single Coupon or the same quantity of several different Coupons);
(v) Not supported by sufficient Retailer stock to cover the number and types of Coupons submitted for redemption;
(vi) Not supported by itemized invoices showing sufficient purchases of products of the Retailer within the normal redemption cycle to cover the Coupons presented for payment. Nestlé may request supporting data, typically transaction log data, to verify actual consumer transactions for the period involved;
(vii) Submitted by a Retailer whose address or business operations cannot be verified;
(viii) Redeemed in a different area from their original distribution area (out of area Coupons);
(ix) Published elsewhere without written permission from Nestlé;
(x) Accepted from the consumer after the stated expiration date;
(xi) Deemed to have any other indications of mis-redemption;
(xii) Otherwise suspect or suspected to be unauthorized or fraudulent; or
(xiii) Not in accordance with this Policy.
4.7. Nestlé will deny reimbursement for Coupons/Codes which exhibit signs of misredemption, including, but not limited to: accuracy or quality issues in data files, excessive or unusual patterns of redemption, use of multiple Coupons/Codes for the purchase of a single item or use of more than four (4) identical Coupons for the purchase of more than four (4) of the same item, and excessive “make good” Coupons or point of sale overrides.
4.8.. Failure to provide Nestlé with legitimate (as determined by Nestlé) proof-of-purchase will deem all Coupons null and void and payment for such Coupons will be withheld. Handwritten invoices or invoices from salvaged merchandise suppliers or diverters will not be honored as legitimate proof-of-purchase. If false or misleading verification information is provided to Nestlé, or the certified clearinghouse, redemption privileges with Nestlé may be permanently terminated.
4.9. The Nestlé processing agent’s count of Coupons received will be final and shall govern the payment of Coupons under this Policy.
5. Nestlé Audit of Retailer Records
Nestlé reserves the right to audit the Coupon sorting or billing service of any Retailer, clearinghouse, or agent involved in the handling or submission of Coupons. Nestlé reserves the right to deal directly with all Retailers on all matters pertaining to any Coupon submission or Code usage.
6. Retailer Payment Denial
In the event a Retailer payment is denied, the Retailer may appeal within six (6) months of the date of submission. Appeals should be forwarded in writing to the corresponding address below. Lack of action within six (6) months of any variance constitutes Retailer’s agreement with the denial or adjustment, as applicable. Appeals received after six (6) months will not be considered. Appeals should be sent to:
For appeals related to Merrick PetCare Company:
Nestlé USA, Inmar Dept #00020, 801 Union Pacific Blvd, STE 5, Laredo, Texas 78045
7. Limitation of Liability
Nestlé’s sole obligation hereunder is limited to reimbursing Retailer as described in Section 4 for all Coupons redeemed by Retailer if valid and redeemed in accordance with the terms hereof. In no event shall Nestlé’s liability hereunder exceed the amount described in Section 4 for all valid Coupons submitted by Retailer in accordance with the terms hereof.
8. Penalties/ Unauthorized Deductions
Claims for any consumer Coupon-related expenses and/or fees, other than those expressly permitted in this Policy, will be marked invalid and considered unauthorized deductions. If Retailer fails to redeem Coupons or Codes in accordance with this Policy or fails to repay Nestlé for unauthorized deductions within a time frame requested by Nestlé, Nestlé reserves the right to, in its sole discretion, (i) prosecute the Retailer under applicable fraud statutes and forward Coupons, which Nestlé judges to be mis-redeemed, to law enforcement agencies or other parties for their review and investigative purposes, (ii) charge back the unpaid amount on future orders, (iii) collect or deduct the unpaid amount from other available funding, (iv) withhold resources, funding, innovation partnerships or aid, premiums or surcharges, or shipment and credit holds, (v) implement a surcharge to cover any administrative fees of analyzing, administering, or recovering the unpaid amount, (vi) refuse any future order, cancel any current orders or refuse, delay, or withhold delivery of current or future orders until Retailer repays the unauthorized amount, and/or (v) for applicable Nestlé entities invoke any of the penalties or actions described in the Nestlé Conditions and Terms of Sale and the Unauthorized Deductions and Post Audit Claims Policy. Nestlé will provide prior notification to customer of the actions to be taken. Nestlé reserves the right to refuse payment for an entire shipment if any portion of the shipment is found to be improperly redeemed.
9. Miscellaneous
9.1 Any use of Coupons and/or Codes by a Retailer not consistent with these terms shall be regarded as a material breach and may constitute fraud, and Nestlé, at its sole discretion, may void all Coupons and/or Codes such Retailer submits for redemption.
9.2 Retailer will not reimburse the Coupon and/or Code value, whether in the form of cash, a gift card, or original form of payment, when a consumer returns an item where a Nestlé Coupon and/or Code was used.
9.3 This Policy will be governed and construed in accordance with the federal laws of the United States and the state laws of the State of Missouri. Any action or proceeding brought by any party hereto which is related to this Policy or any Coupon(s) and/or Code(s) shall be brought in a federal or state court having proper subject matter jurisdiction and governing St. Louis County, Missouri.
9.4 Any legal action hereunder must be brought within one (1) year of the particular submission date giving rise to the cause of action or such claims will be deemed extinguished. Each party shall be responsible for its own attorneys’ fees and costs.
9.5 Nestlé’s failure to enforce any terms or conditions of this Policy shall not constitute a waiver of them by Nestlé. No custom or practice of the parties at variance with the terms of this Policy will constitute a waiver of such party’s right to demand exact compliance with the terms hereof.
9.6 Nestlé reserves the right, in its sole discretion, and without prior notice to any party, to modify, revise or eliminate any of the provisions of this policy.
9.7 Should any provision(s) of this Policy be declared invalid for any reason, such decision shall not affect the validity of any other provisions, which other provisions shall remain in force and effect as if this Policy had been agreed to with the invalid provision(s) eliminated.
If you have any questions or need further clarification, please call the Inmar Retailer Hotline at (800) 285 7602.
Last Updated September 29, 2022
