Souvenaid® Pre-Launch Experience Program Participant Agreement
Souvenaid is an oral liquid dietary supplement to support memory function* that is expected to launch in the U.S. in 2022. Nutricia North America, Inc. and its affiliates, third-party contractors, agents, and assignees (together, “Nutricia”) is inviting you to participate in the Souvenaid Pre-Launch Experience Program (“PEP”). Through the PEP, you will have early access to Souvenaid at no cost to you in exchange for providing feedback on your experience. By signing up to participate in the PEP, you agree to the terms and conditions outlined in this agreement. This agreement is a binding legal agreement between you and Nutricia and affects your rights and remedies under law; please read this agreement carefully.
Eligibility. You will only enroll in the PEP if you meet the following criteria:
You are at least 18 years of age at the time of enrollment.
You are a legal resident of the United States with a valid U.S. shipping address and email address that can be used during the PEP.
You have not been diagnosed with dementia or Alzheimer’s disease and do not take prescription medication intended to treat dementia or Alzheimer’s disease.
You have reviewed the nutritional and ingredient information for Souvenaid listed at the end of this agreement.
You are not allergic to any of the ingredients in Souvenaid, including fish, and have consulted your physician before participating in the PEP.
Souvenaid contains DHA and EPA. As with other products containing fish oils, these may not be recommended for some consumers, including those with planned surgeries. Please speak to your clinician if you have a surgery planned during or following the PEP.
Participation. During the PEP, you will be asked to take Souvenaid daily for a minimum of 16 weeks and to complete surveys or other inquiries about your experience. You agree to the following:
Nutricia may deliver Souvenaid directly to your home address free of charge for up to 16-weeks.
You will consult your physician if you have any questions or concerns about your health while taking Souvenaid. If in doubt, you will stop taking Souvenaid.
You will stop taking any other fish oil supplements while taking Souvenaid, unless it was medically prescribed. If your clinician recommended that you take fish oil supplements, you will consult them about whether to continue taking other fish oil supplements.
You will promptly (within five days) and truthfully complete the surveys that will be sent to you by Nutricia via email.
Information Collected. By participating in the PEP, you are agreeing to share certain information with Nutricia, including your name, address, and email address. In addition, you may be asked to provide information about your diet or supplements you take, as well as feedback on your experience with Souvenaid. You may choose to disclose other health information in your survey responses to Nutricia. Any information Nutricia receives as a result of your participation in the PEP may be used to implement the PEP, to help Nutricia manage the Souvenaid business, and to improve consumer experiences with Souvenaid. You consent to Nutricia sharing information you provide in connection with the PEP to Nutricia’s third party service providers who are under obligations of confidentiality for the purposes identified in the preceding sentence. Except as otherwise provided in this paragraph, the information you provide will not be shared outside of Nutricia. For information about how Nutricia uses and shares information you provide us through our websites and digital products, and for information about your choices in connection with such usage and sharing, please visit: https://www.danonenorthamerica.com/privacy-policy/
If you are enrolled in the PEP through your doctor, you will be asked to sign a separate HIPAA Authorization which is required to participate in the PEP and contains additional terms.
Voluntary. By participating in the PEP, you agree that you are doing so solely for your personal purpose or pleasure, without promise or expectation of compensation, and without any coercion from others. Employees whose regular job duties involve work on the Souvenaid product are ineligible to participate in the PEP.
Discount Offer. In exchange for participating in the PEP, you will receive a discount code for a percentage off a future order of Souvenaid through the Souvenaid website.
Use of Name and Testimonial Statements. By participating in the PEP, you irrevocably grant Nutricia the nonexclusive right and license to record, use, simulate, reproduce, and publish your first name and/or testimonial statements provided during the PEP in marketing or promotional applications, including social media, in perpetuity without additional compensation provided to you or your successors or assigns.
No Warranties. THE PEP (INCLUDING ANY RELATED TOOLS, SURVEYS, AND SERVICES, IF ANY) AND THE SOUVENAID PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NUTRICIA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Nutricia does not warrant that any site you may access in connection with the PEP (each, a “Site”) will be uninterrupted or error-free, that defects will be corrected, or that the Sites will be free of viruses or other harmful components. Nutricia does not make any representations or warranties regarding the access to or use of, or the results of the access to or use of, this Sites, including the content and materials on the Sites, in terms of their correctness, accuracy, validity, completeness, usefulness, timeliness, suitability, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
Release. You are voluntarily participating in the PEP and agree to assume the risks inherent in doing so, which may include allergic reactions, other personal injury or illness and death. “Assuming the risk” means that you will be responsible for your own personal safety and the results of your actions, including following recommendations from your healthcare provider. You understand that Nutricia has no duty to provide you with medical care or treatment, or to compensate you for any medical care or treatment, you may need as a result of participating in the PEP. You also understand that you cannot hold Nutricia responsible or liable for any loss resulting from the consequences of personal injury, including death, that may occur as a result of participation in the PEP. Therefore, you, on your own behalf and on behalf of your spouse, children, executors, personal representatives, heirs and assigns, assume full responsibility for the risks, foreseen or unforeseen, of property damage, injury, or death while participating in the PEP, and release, discharge and covenant to hold harmless Nutricia, and its directors, officers, employees, agents, insurers, customers, affiliates and successors, and each of them, from any and all claims, demands, damages, costs, expenses, actions and causes of action, present or future, known or unknown, on account of injury or death to you arising out of or in connection with your choice to participate in the PEP, including claims for negligence.
California Civil Code Section 1542 (and similar state law) Waiver. You hereby waive all rights under Section 1542 of the California Civil Code. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. In addition, you hereby waive any protection that may exist under any comparable or similar statutes and principles of common law or any other state laws as it pertains to the enforcement of the releases provided in this paragraph.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NUTRICIA WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THE PEP OR THIS AGREEMENT FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER SUCH LIABILITY ARISES FROM CONTRACT OR TORT CLAIMS, OR OTHERWISE, EVEN IF NUTRICIA IS MADE AWARE OF THE POTENTIAL FOR SUCH DAMAGES. EXCEPT IN CASES OF NUTRICIA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT LEADING TO PERSONAL INJURY OR PROPERTY DAMAGE, IN NO EVENT WILL NUTRICIA’S LIABILITY TO YOU IN CONNECTION WITH THE PEP OR THIS AGREEMENT EXCEED FIFTY DOLLARS ($50).
Nutritional and Ingredient Information.
OTHER INGREDIENTS: WATER, MALTODEXTRIN, SUGAR, MILK PROTEIN, ARTIFICIAL FLAVOR, THICKENERS (MICROCRYSTALLINE CELLULOSE, SODIUM CARBOXYMETHYLCELLULOSE), CALCIUM CITRATE, SOY LECITHIN, CITRIC ACID, POTASSIUM CITRATE, SODIUM CITRATE, POTASSIUM HYDROXIDE, CURCUMIN (FOR COLOR)
* These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.