Terms Of Use

First Published: November 20, 2008
Updated: December 23, 2008
Updated: November 1, 2010
Updated: January 3, 2012

Acceptance of These Terms Of Use

Welcome to the US Food Safety Corporation website and blog (collectively the "Site").

The terms "us" and "we" and "our" and "ours" refer to the US Food Safety Corporation, the owner of the Site. The terms "you" and "your" refer to the user or viewer of the Site or if you are acting on behalf of your employer then "you" and "your" mean your employer.

By accessing or using the Site in any way, including using any related services or merely browsing the Site, you signify your agreement to comply with and be bound by (1) these Terms Of Use, (2) our Privacy Notice found at www.usfoodsafety.com/privacy.aspx (the "Privacy Notice") and (3) the community guidelines, if any, established from time to time by us and posted on the website (the "Guidelines").

Review these Terms Of Use, the Privacy Notice, and the Guidelines, if any, carefully. If you do not agree to these Terms Of Use, the Privacy Notice and the Guidelines, if any, do not access or use the Site. If you breach these Terms Of Use, your authorization to access or use the Site will be automatically terminated.

Although we may attempt to notify you when major changes are made to these Terms Of Use, you should periodically review the most up-to-date version which may be viewed by clicking on the "Terms Of Use" link, located at the bottom of each Web page (excluding Blog pages). We may, in our sole discretion, modify or revise these Terms Of Use at any time, and from time to time. Your use of the Site following any amendment of these Terms Of Use will signify your assent to and acceptance of its revised terms.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Site.

We also reserve the right at any time to terminate your access to the Site for any reason. You agree that we will not be liable to you or any third party for such termination.

Note to Children Under 13 Years of Age

THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not access or use the Site.

General Use of the Site

We hereby grant you permission to access the Site for your own personal, non-commercial use. Under no circumstances may you:

  • Distribute in any medium any part of the Site;
  • Alter or modify any part of the Site; and
  • Derive or attempt to derive the source code or structure of all or any portion of the Site by reverse engineering, disassembly, decompilation or any other means.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes.

In your use of the Site, you will otherwise comply with the terms and conditions of these Terms Of Use, the Guidelines, if any, and all applicable local, national, and international laws and regulations.

Use Of The Content

Your use of text, photographs, graphics, video and audio content available on the Site (the "Content") is restricted to your own personal, non-commercial use. All other uses including but not limited to commercial uses are strictly prohibited. By way of example not limitation, you have no right to:

  • Use the Content to operate a service bureau or for any other use involving the processing of data for others;
  • Create derivative works of the Content;
  • Frame any portion of the Content; or
  • Reprint, copy, modify, translate, port, publish, license, assign, transfer, sell, or otherwise distribute the Content.

You shall use the Content for legal purposes only. You may not alter or remove any copyright notice or proprietary legend contained in or on the Content.

The Content, in the aggregate, is protected by copyright law as a collective work or compilation, and except as specifically noted below, all individual articles, videos, content and other elements comprising the Site are also protected by copyrighted law. Any use of the Content in violation of these Terms Of Use will result in the violation of US and foreign copyright laws.

The Content may also include works of the United States government ("Government Content"). No copyright claims are made with respect to Government Content. The restrictions set forth in this section shall not apply to any clearly and conspicuously labeled Government Content.

Trademarks

USFoodSafety.com is a trademark of US Food Safety Corporation. Names and logos, and related product and service names, design marks, and slogans of third parties (all such names, marks and slogans, collectively with USFoodSafety.com, may be referred to as the "Trademarks") are the property of their respective owners. Any use of the Trademarks by you, except for your own personal use in connection with your authorized use of the Site and Content as set forth herein, is strickly prohibited.

No Other Rights

No ownership rights whatsoever in the Site, Content or Trademarks are transferred hereunder. Except for the Government Content, we and our licensors retain all ownership rights in the Site, the Content and the Trademarks. You shall not acquire any right, title or interest to the Site, Content or Trademarks, except for the express limited personal use rights set forth in these Terms Of Use.

User Submitted Content

The personal information you submit to us in registration, using the Contact Us page of the Site, or are otherwise asked by us to submit is governed by the Privacy Notice. To the extent you choose to disclose any personal information in any other communication to us or in one of our Public Areas (as defined below), you do so at your own risk and these Terms Of Use will apply.

By posting or submitting content or a communication (a "User Submission") on or to the Site (regardless of the form or medium with respect to such content or communication, whether text, videos, photographs, audio or otherwise), you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed and to otherwise use or exploit such User Submission under all applicable intellectual property rights. We may sublicense these rights.

You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. In connection with your User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions to enable use of the User Submissions in the manner contemplated by the Site and these Terms Of Use.

Public Areas

We and our licensors are not responsible for the consequences of any communications in chat rooms, message boards, blogs or other member communities available on the Site (each a "Public Area"). In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

All of the following actions in the Public Areas are strictly prohibited:

  • Using a Public Area for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including email addresses;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or "spamming;"
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in our judgment, exposes us or any of our customers or suppliers to any liability or detriment of any type.

With respect to the Public Areas, we reserve the right (but are not obligated) to do any or all of the following:

  • Record the dialogue in Public Areas;
  • Investigate an allegation that a communication(s) in a Public Area do(es) not conform to these Terms Of Use;
  • Terminate a user's access to any or all Public Areas for any reason;
  • Monitor, edit, or disclose any communication in the Public Areas; and
  • Edit or delete any communication(s) posted in the Public Areas, regardless of whether such communication(s) violate these standards.

Neither we nor our licensors have any liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Subscription Services

If you choose to subscribe to one of our subscription services, you will be asked to provide certain information such as your e-mail address, zip code and age range. Other than to provide you with the subscripted services, we will not use this information except as set forth in the Privacy Notice. You should be aware that our subscription services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.

You are using the Subscription Services at your own risk.

Privacy Notice

We strongly urge you to carefully review the Privacy Notice.

Advertisements, Searches And Links To Other Websites

We may provide links to third-party websites. We also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse and are not liable for any damages or losses caused by any product, service, or treatment made available or advertised on the Site or any third party websites.

Ability To Accept Terms Of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms Of Use, and to abide by and comply with these Terms Of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. Talk to your parents about what sites are appropriate for you.

If you are using the Site on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you: (1) are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms Of Use; and (2) agree to be bound by these Terms Of Use on behalf of such Subscribing Organization.

Disclaimer Of Warranties

THE SITE IS AVAILABLE "AS IS." USE OF THE SITE IS AT YOUR OWN RISK AND YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR HARM INCURRED BY YOU AS A RESULT OF USING THE SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SITE.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES.

WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, DOWNLOADED OR DISTRIBUTED ON THE SITE OR AVAILABLE THOUGH LINKS CONTAINED ON THE SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE AT ANY TIME.

THE MATERIALS AVAILABLE THROUGH THE SITE ARE FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. IF YOU RELY ON THE SITE AND ANY MATERIALS AVAILABLE THROUGH THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK. NO MATERIAL ON THE SITE CONSTITUTES MEDICAL, HEALTH, SAFETY OR NUTRITIONAL ADVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU READ ON THIS SITE.

THE SITE IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM ANY OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

ALL OF THE DISCLAIMERS AS SET FORTH ABOVE ARE ALSO MADE BY US ON BEHALF OF OUR SUPPLIERS, VENDORS AND LICENSORS.

Limitation Of Liability

IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM USE OF THE SITE OR ANY UNAUTHORIZED ACCESS TO OR UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY REASON IN EXCESS OF $1,000.00.

THE LIMITATIONS ON LIABILITY SET FORTH ABOVE ARE ALSO APPLICABLE WITH RESPECT TO OUR SUPPLIERS, VENDORS AND LICENSORS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your use of and access to the Site; (ii) your violation of these Terms Of Use; (iii) your violation of any third party right, including without limitation any intellectual property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms Of Use and your use of the Site.

Digital Millenium Copyright Act

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to the Site is as follows:

By mail:
US Food Safety Corporation
Attn: Susan Reef
226 Lowell Street
Wilmington, Massachusetts 01887-3063

Or by e-mail:
copyright@usfoodsafety.com

In an effort to protect the rights of copyright owners, We maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Assignment

These Terms Of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

General

You agree that: (i) the Site shall be deemed solely based in the Commonwealth of Massachusetts; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Commonwealth of Massachusetts. These Terms Of Use shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. ANY CLAIM OR DISPUTE BETWEEN YOU AND US THAT ARISES IN WHOLE OR IN PART FROM THE SITE SHALL BE DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN BOSTON, MASSACHUSETTS. These Terms Of Use, together with the Privacy Notice at www.usfoodsafety.com/privacy.aspx, the Guidelines, if any, and any legal notices published by us on the Site, shall constitute the entire agreement between you and us concerning the Site. In the event any provision of these Terms Of Use are deemed invalid or unenforceable under any applicable law or be so held by a court of competent jurisdiction, such unenforceability or invalidity shall not render these Terms Of Use unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives thereof within the limits of applicable law or applicable court decisions. No waiver of any term of these Terms Of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms Of Use shall not constitute a waiver of such right or provision. The titles and section headings appearing in these Terms Of Use are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section, or in any way affect these Terms Of Use. In these Terms Of Use, unless the context otherwise requires, words used in the singular shall include the plural meaning and vice versa. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.