Acceptance of Terms
Quality, Accuracy and Completeness
Company attempts to ensure that the Products, Materials, Services and other information on this Site are complete, accurate and current. Despite these efforts, the Products, Materials, Services and other information contained on this Site may occasionally be inaccurate, incomplete or out of date. Thus, Company makes no representations as to the completeness or accuracy of the Products, Materials, Services and other information, advice or recommendations made available on this Site, nor does it make any representations or warranties as to the quality or safety of any Products, Services, or Materials offered or made available via the Site.
Consent to Email and Mobile Communications
When you register on the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email, text message or by posting notices to the Site. You agree to be bound by the following terms with respect to any communications that we make via text messaging or email:
- Company does not charge for receiving or sending text messages or email to you;
- Company is not responsible for any delays in your receipt of any text messages or emails;
- Message and data rates may apply. Any charges are billed by your wireless carrier or deducted from your prepaid account.
- By choosing to receive text messages or emails, you certify that (a) you are the account holder for the mobile device or the email address at which you will receive such text messages, or (b) you have the account holder’s permission to do so.
- You certify that you are 13 years of age or older.
- You may opt out at any time by notifying Company at firstname.lastname@example.org of your desire to do so.
Products, Services and Special Offers
Offers and promotions posted on this Site, or those sent to customers by email or text message, are good only for the dates indicated. Offers, promotions and sweepstakes offered on this Site may not be available in each applicable store in which a Product is sold. Likewise, offers, promotions and sweepstakes offered in an individual store may not be available on this Site. Certain Services, Products, promotions and contests may not be available at all stores. We attempt to be as accurate as possible in describing Products, Services and special offers. However, we do not warrant that any Materials, Product descriptions or other content on the Site are accurate, complete, reliable, current or error-free.
Company may make available certain recipes on the Site. Company does not recommend or subscribe to any dietary regiment and/or program whether or not it may be implied by the name of the recipes, ingredients used in the making of these recipes, or the language used in the preparation instruction of these recipes. These recipes do not promise to deliver any health results and you should enjoy any food products in moderation. Consult your doctor should you wish to begin any dietary program that differs from the ones in which you are currently engaged. Company is not responsible for any outcomes you may experience as the result of attempting any recipes on this Site. The recipes may contain nutritional information. This information has not been verified by the FDA or professionals in the fields of medicine or nutrition. It is only meant as a general guide.
Nutritional and Health Information
The information content pertaining to health and general wellness on this Site (“Health Information”) is for informational purposes only. None of the Health Information is intended to substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you read on this Site or any other site of Company. This Site does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on this Site is solely at your own risk.
All features, content and specifications of Products and Services described or depicted on this Site are subject to change without notice. The inclusion of any Product or Service on this Site at a particular time does not imply or warrant that such Product or Service will be available at any time.
The trademarks, service marks, logos, URLs and domain names (collectively, the “Marks”) displayed on this Site are the property of Company, its licensors or other third parties. You are not permitted to use the Marks without the prior written consent of Company or such third party that may own the Marks.
You may be required or permitted to register for the Site in order to access certain Services or Materials, to purchase Products, to receive promotional communications or other advertising information, or to access certain content offered on the Site. If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Company immediately.
In order to be eligible to register, you must meet the following requirements:
- You must be a human to register. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
Use of Site, Products, Materials and Services
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to download, access or use the Site, Products, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Site only to access, download, utilize or receive Materials or Services in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Materials or Services, you agree that you shall not (except as otherwise expressly permitted herein) :
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
- Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
- Solicit any business from third party users of the Site;
- Provide any false personal information, or create an account for anyone other than yourself;
- Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
- Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means;
- (a) Select or use as a user name or any name of another person with the intent of impersonating that person, (b) use as a user name any name subject to any rights of a person other than you without appropriate authorization, or (c) use as a user name any name that is offensive, vulgar or obscene;
- Remove or falsely add to any Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
- Access or attempt to access any Materials that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services;
- Use the Site, Products, Services or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Products, Services, Materials or systems resources;
- Transmit unsolicited or bulk communications to any Company affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Site;
- Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable;
- Disrupt, interfere with or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services;
- Access or use the Site in any manner that could damage, disable, overburden or impair any Company server or the network(s) connected to any Company server;
- Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
- Violate the rights of Company or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; and
- Use any Company domain name as a pseudonymous return e-mail address.
- Disclose any information that is confidential in nature, that is not generally made available to the public, and that is provided to you through limited access through a registered account.
Company, in its sole discretion, may (but has no obligation to) monitor or review the Site, Materials and Services at any time. Company may at any time without notice and in its sole discretion: (a) terminate a Service or your access to any Materials or an area of the Site; and (b) disclose any information related to your use of or access to a Service, Product or Material, as Company deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your company on the Site. Company may block, restrict, disable, suspend or terminate your access to all or part of the Site, Products, Services and Materials at any time in Company’s sole discretion, without prior notice or liability to you.
Use of Materials
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Materials available on this Site for your own personal, non-commercial use, subject to the following conditions:
- You will not quote or display Materials, or any portions thereof, out of context.
- Company reserves the right to revoke the authorization to view, download and print the Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from Company.
- Use of Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- You will not use the Material in any way that infringes the owner’s or any other third party’s rights in and to such Materials.
The rights specified above to view, download and print Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements are protected by law, including trade dress, trademark, copyright, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound, video or image from the Site may be copied or retransmitted unless expressly permitted by Company.
Links to Third Party Sites
The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by Company to you as a convenience and the inclusion of the links do not imply any endorsement by Company of any Linked Site. Company has no control of the Linked Sites and you therefore acknowledge and agree that Company is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Company is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
Warranties and Disclaimers
THE SITE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED BY COMPANY “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY HEREBY EXPRESSLY DISCLAIMS ALL OF THE FOREGOING WARRANTIES. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY PRODUCTS, MATERIALS OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE, PRODUCTS, MATERIALS AND SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE SITE, PRODUCTS, MATERIALS AND SERVICES, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, PRODUCTS, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS, PRODUCTS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SUCH THIRD PARTIES, THEIR PRODUCTS, MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PRODUCT, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
COMPANY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY DAMAGES, PERSONAL INJURY OR OTHER HARM THAT MAY BE CAUSED BY YOUR RELIANCE ON ANY ADVICE, SUGGESTIONS, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED ON THE SITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
Personal Information and Privacy
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS DIVISIONS AND AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS, AGENTS OR BUSINESS PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SITE, PRODUCTS, SERVICES, OR MATERIALS; (ii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iii) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (iv) ANY PRODUCTS OR SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (v) ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE; (vi) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; OR (vii) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Advertisements and Promotions
Company may run advertisements and promotions from third parties via the Site related to certain Products, Services or Materials, in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of products and related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that COMPANY is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non- COMPANY advertisers on the Site or in connection with the Products, Services or Materials.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Site any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Company legally sufficient notice of infringement. Send copyright infringement complaints to:
Nu-Tek Food Science, LLC
c/o Arthur Stickley, CFO
600 Highway 169 S., Suite 885
St. Louis Park, MN 55426
We suggest that you consult your legal advisor before filing a DMCA notice with Company’s copyright agent. There can be penalties for false claims under the DMCA.
Indemnity and Liability
Governing Law and Jurisdiction
This Site (excluding Linked Sites) is controlled and operated by Company from its offices within the United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Nebraska with respect to such matters. You should not access this Site or any Materials, Products or Services made available on this Site if you do not submit to the governing law and venue set forth herein.