Policies and disclaimers

TERMS of USE, PRIVACY POLICY, and DISCLAIMER

 The OWNER of this web site is Silvana Martini Ph.D.

Nutrition and Food Science Department, Utah State University 

 www.martiniresearch.com

TERMS of USE

 Introduction 

Your use of this web site  is subject to the terms of these Terms of Use, the Privacy Policy, the Disclaimer and any other relevant terms and conditions, policies, and notices which apply to the Web site or a specific section or module of the Web site.  Please read these Terms of Use carefully before using the Web site.

Accepting these Terms of Use 

By using the Web site, you signify your agreement with these Terms of Use.  If you do not agree with any of the below Terms of Use, do not use the Web site.  The owner of this website reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.

Restrictions on Use 

Prohibited Acts.  Concerning your use of the Web site, you agree not to knowingly: 

(a)use any device, software or technique to interfere with or attempt to interfere with the proper working of the Web site;

(b)post or transmit to the Web site any unlawful, fraudulent, harassing, libelous, or obscene information of any kind;

(c)post or send to the Web site any information that contains a virus, bug, or other harmful item;

(d)publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the content (other than as expressly permitted herein);

(e)post or transmit into or on the Web site any information in violation of another party’s copyright or intellectual property rights;

(f)take any action which imposes an unreasonable or disproportionately large load on the  infrastructure of this website;

(g)redeliver any of the content using “framing”, hyperlinks, or other technology without express written permission; or,

(h)use any device or technology to provide repeated automated attempts to access password-protected portions of the Web site.

(i)click ads without the genuine interest in the advertisement for the purpose of acquiring more information about the product or service.  Any method that artificially clicks or impressions and ad is strictly prohibited.

Right to regulate. You acknowledge that the owner of this website has the right, but no obligation, to monitor the Web site and to disclose any information necessary to operate the Web site, to protect the owner, third parties, the owner’s customers, and to comply with legal obligations or governmental requests. The owner of this website reserves the right to refuse to post or to remove any information on the Web site, in whole or in part, for any reason. The owner of this website reserves the right to change the web site at any time at its sole discretion without notice to users.  The owner of this website may deny access to the web site to anyone at any time for any reason whatsoever.

Compliance with law. You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your Web site use. You may not use the Web site and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with the owner of this website, or (b) you are a person barred from using the web site under the laws of  The United States of America or other countries including the country in which you are resident or from which you use the web site. 

 Your Web Site Use Activities 

 Password-protected areas

If you are allowed access to password-protected areas of the web site, you agree to keep your password confidential and to send notice to the owner of the web site within 24 hours if your password is compromised. You acknowledge that the Internet is a network of computers worldwide, and that any information submitted by you to the owner of this website necessarily is routed via third party computers to the owner of this website, and that the owner of this website is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party. 

Revisions

The owner of this website reserves the right in its sole discretion to revise these Terms of Use for its web site at any time without notice.  By using this Web site, you are agreeing to be bound by the then current version of these Terms of Use.

Copyrights and Restrictions

The web site is controlled and operated by the owner of the website.  All material on the web site, including, but not limited to images, illustrations, audio clips and video clips, is protected by copyrights which are owned and controlled by the owner of the web site or by other parties that have licensed their material to the owner of the web site.  Material from the web site or from any other web sites owned, operated, licensed or controlled by the owner of the website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.  Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights.  For purposes of these Terms of Use, the use of any such material on any other Web site or networked computer environment is prohibited.  You are free to view, copy, print, and distribute the materials on the web site as long as the material is used for information only, the material is used for non-commercial purposes only, and copies of any material include the web site owner’s copyright notice.

Trademark

Logos  are claimed trademarks and/or service marks of their owner.  You may not use these or any other  trademarks or service marks without the written permission of the owner.

  

PRIVACY POLICY

About Your Privacy 

Your privacy is very important to the owner of this web site.  We strive to provide you with superior service while protecting your privacy and safeguarding your personal information.  By visiting the web site, you are accepting the privacy policy outlined herein.

 Why We Collect and Use Personal Information 

Collecting personal information about you is essential to our being able to provide the products, services, and information that best meet the needs of both yourself and/or authorized third parties.  As you go through this site, we may track information about your usage of the site, your IP address, the browser you are using, and which URL you had used to come to the site.  In a few areas on the Web site, we ask you to provide information that will enable us to verify whether you are entitled to access and use certain information, materials, and services available from the web site, or to enable us to enhance your site visit, to assist you with customer service or technical support issues, or to follow up with you after your visit, or to otherwise support your customer relationship with us.  It is completely optional for you to participate.  However, failure to participate may mean that you cannot access and use certain information, materials and services. 

Sharing Personal Information With Others.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.  We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a posting or other content violates other’s rights, or protect anyone’s rights, property, or safety.  We may also share personal information with corporate affiliates who help detect and prevent potentially illegal acts.  In providing our services, we may need to disclose the personal information we collect to affiliates, subsidiaries, successors and other service providers or agents who perform various functions for us.  As we continue to develop and grow, we may buy or sell parts of a business.  As our businesses consist primarily of client relationships, information regarding the particular accounts or services being purchased or sold could include personal information and be one of the transferred business assets.  In certain circumstances, we may be required to provide personal information to third parties for legal or regulatory purposes.  We may also use this personal information to assess your future needs and to offer the products and services that may best meet those needs, from ourselves, our affiliates or reputable organizations selected by us.

Posts

Any information that is disclosed in a post on the web wite is not private.  Please remember that information in a public posts is not confidential and that what you type is public information.  You are should exercise caution when deciding to disclose any personal information in public posts. 

Safeguards for your Personal Information

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Privacy and the Internet

We may collect user information from the web site (for example, via cookies which are alphanumeric identifiers transmitted from a Web site to a visitor’s browser and IP address).  This information is used solely for enabling us to provide you with a customized online experience and to find ways to improve our site.  Although cookies are widely used, it may be possible to disable cookies via your browser settings.  However, in so doing, the web site may not function properly or optimally.  The web site may contain links to other third party web sites that are not governed by this privacy policy.  Although we endeavor to link only to web sites with high privacy standards, our Privacy Policy will no longer apply once you leave the web site.  We are not responsible for privacy policies employed by other third parties or any foreign affiliates, since they would be governed by privacy legislation applicable in their country of residence.  We suggest, therefore, that you examine the privacy statements of those web sites to learn how personal information may be collected, used and/or disclosed.

 

DISCLAIMER

Warranties

All information, content, products, and services on this web site, or obtained from a web site to which the Web site is linked (a “linked web site”) is provided to you “as is” without warranty of any kind from the owner of this web site, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.  The owner of this web site does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the web site or a linked web site by any party other than the owner of the web site, or the capabilities or reliability of any product or service obtained from a linked web site.  Other than as required under applicable consumer protection law, under no circumstance will the owner of this website be liable for any loss or damage caused by a user’s reliance on information obtained through the Web site or a linked web site, or user’s reliance on any product or service obtained from a linked web site.  It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other  content available through the web site, or obtained from a linked web site.  Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.  The owner of this web site does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the web site or otherwise relating to such materials or on any web sites linked to this web site.  The owner of this web site does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the web site or the server that makes them available are free of viruses or other harmful components.

 Limitation of Liability For Use of the web site and linked web sites

The information, software, products and descriptions of services published on the Web site or a linked web site may include inaccuracies or typographical errors, and the owner of this web site specifically disclaims any liability for such inaccuracies or errors.  Changes are periodically made to the inform ation on the web site and linked web sites.  The owner of the web site  may make improvements or changes to the web site at any time. You agree that the owner of the web site, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, consequential, incidental or special damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the web site or a linked web site, or with the delay or inability to use the web site or a linked web site, even if the owner of the web site is made aware of the possibility of such damages. this limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.  The owner of the web site cannot and does not guarantee continuous, uninterrupted or secure access to the web site.

 Limitation of Liability for Services Arranged Through the web site

You agree that the owner of the web site is a mere agent for the providers of services available through the web site.  Any and all claims regarding any failure or breach with respect to the goods or services offered through the web site are limited to claims against any and all service providers.  The owner of the web site hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any indirect, punitive, consequential, incidental or special damages, in connection with the goods or services provided by any carrier or other supplier through the web site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier and you hereby exonerate the owner of the web site from any liability with respect to the same.

 Links to Third Party web sites

This web site contains linked web sites.  The owner of the web site has not investigated, monitored or reviewed these links and is not responsible for the content, accuracy, or opinions expressed in these linked Web sites.  The inclusion of any link does not imply approval or endorsement by the owner of the web site of the linked web sites.  If you decide to leave our site and access these third party sites, you do so at your own risk. 

Your Submissions

Subject to the Privacy Policy, any material, information, or idea submitted or posted on the web site will be considered non-confidential and non-proprietary.  The owner of the web site reserves the right to maintain, copy, use, record, store and disseminate any information given to us by you for internal purposes in compliance with applicable law.  Additionally, the owner of the web site reserves the right to disclose the information as required by law.

 Subject to the Privacy Policy, if you submit any material, information, or idea to the web site, then you grant the owner of the web site a non-exclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the submitted material, information, or idea.  The owner of the web site shall be entitled to use the material for any type of use, including promotional and advertising purposes, forever including in any media whether now known or hereafter devised.

 The owner of the web site is under no obligation to review any messages, information or content (“Postings”) posted on the Web site by you and assumes no responsibility or liability relating to any such Postings.  Notwithstanding the above, the owner of the web site may from time to time monitor the Postings on the web site and may decline to accept and/or remove any Postings that contain:

(1)any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, federal or international law.

(2)Viruses or other contaminating or destructive features.

(3)Advertisements or solicitations of any kind.

(4)Messages posted by users impersonating others.

(5)Personal information including, but not limited to, messages with contact information, social insurance numbers, account numbers, or employer references;

(6)Messages that offer unauthorized downloads of any copyrighted or private information.

(7)Multiple messages placed by the same user restating the same point.

(8)Content irrelevant to the site

While the administrators and moderators of the owner of the web site will attempt to remove or edit any objectionable material as quickly as possible, it is impossible to review every message.  Therefore you acknowledge that all posts made to the web site express the views and opinions of the author and not of the administrators, moderators or webmaster and hence these persons will not be held liable.

 You are solely responsible for your interactions with other users.

The owner of the web site reserves the right to remove any material submitted or posted by you, without notice to you, if it becomes aware and determines, in its sole and absolute discretion, that you are or there is the likelihood that you may submit or otherwise publish any materials on the web site which is contrary to this section.  The owner of the web site will fully co-operate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone submitting any materials on the web site which is contrary to this section.

 You agree to indemnify the owner of the web site and its officers, directors, employees, agents, assigns, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.

 Governing Law

These agreements and policies shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of Utah.  Each of the parties irrevocably submits to the nonexclusive jurisdiction of the courts of Utah.  No party will oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from a Utah court respecting these Agreement and policies.  Any action you, any third party or the owner of the web site bring to enforce this agreement or, in connection with, any matters related to this web site shall be brought only in the courts of the State of Utah, and you expressly consent to the jurisdiction of said courts.

 Entire Agreement

This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, executed by the owner of the web site. 

Severability

If any provision of these agreements is found by a court of competent jurisdiction to be unlawful,avoid, or  for any reason unenforceable, the remainder of the agreement shall continue in full force and effect.

 © 2009 All Rights Reserved.  Silvana Martini Ph.D.