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TERMS & CONDITIONS

Please read The Terms And Conditions Of Service ("Terms") carefully. By accessing The Food Institute Online at www.foodinstitute.com, www.foodinstitute.org, www.foodinstitute.biz, www.foodinstitute.info, or www.foodinstitute.net (the "Site") you are agreeing to the Terms that appear below, whether or not you register as a Member. If you have any questions, please contact food1@foodinstitute.com.

This Site is owned and operated by the American Institute Of Food Distribution Inc d/b/a The Food Institute. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site. You may view or download material from this Site for your personal use only, provided you keep intact all copyright and other proprietary notices.

As part of our service, The Food Institute agrees to provide you with information and other services ("Content") subject to these Terms of Service. You agree to use our service in accordance with these Terms. Upon notice published on this Site, or such other notice as may be given, The Food Institute may amend or modify these Terms of Service, or impose new conditions on use, at any time. Your use of this service after such notice shall be deemed to constitute acceptance of the new Terms.

As a user, you will be able to access Content on some areas of the Site without going through the Membership Application process. Certain areas of the Site are only open to you if you become a Member. Also, some Members Only Content may be purchased or downloaded on a paid-for basis to Non-Members. This Content will be clearly identified and you will be requested to give credit card details if you decide to make a purchase. Specific provisions relating to your use of Members Only Content are set out in these Terms.

You acknowledge that The Food Institute may establish general practices and limits concerning use of the Content, including without limitation the maximum number of days that uploaded Content will be retained by The Food Institute and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that The Food Institute has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. You acknowledge that The Food Institute reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

The Food Institute grants you a personal, non-transferable and non-exclusive right and license to use the information provided in the Content or through a download on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Content or download. You agree not to modify the Content or download in any manner or form, or to use modified versions of the Content or download, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by The Food Institute for use in accessing the Site.

In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself when prompted by any forms on the Site and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Food Institute has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Food Institute has the right to suspend or terminate your account and/or refuse any and all current or future use of the Site (or any portion thereof).

The Food Institute currently provides users with access to a rich collection of on-line resources (the "Content"). Unless explicitly stated otherwise, any new features that augment or enhance the current Content, including the release of new The Food Institute services, shall be subject to the Terms. You understand and agree that the Site and its Content is provided "AS-IS" and that The Food Institute assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Except as expressly set out above, you may not reproduce, modify or in any way exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from The Food Institute:

  • redistribute any of the Content (including the Food Institute Report© and Today In Food©);
  • remove the copyright or trademark notice from any copies of Content made under these Terms;
  • create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.

Requests to republish or redistribute Content should be addressed to The Food Institute at food1@foodinstitute.com.

You agree to not use the Service to:

  • impersonate any person or entity, including, but not limited to, a The Food Institute official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, and any regulations having the force of law;

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Content, use of the Site, or access to the Site.

The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by The Food Institute and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility.

You acknowledge and agree that the Content provided by the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Site or third-parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Food Institute or third-parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or its Content, in whole or in part.

Because of the number of sources from which The Food Institute obtains Content and the nature of electronic distribution via the World Wide Web, The Food Institute does not give any warranties in respect of the Site. In particular, the Site is provided on an "as is", "as available" basis and The Food Institute does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site or any Content. All implied warranties are excluded from these terms to the extent that they may be excluded as a matter of law. Additionally, The Food Institute makes no warranty that the site is year 2000 compliant or free from infection by viruses or anything else that has contaminating or destructive properties.

The Site is provided for informational purposes only, and no Content included in the Site is intended for trading or investing purposes. The Food Institute shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Site, and shall not be responsible or liable for any trading or investment decisions made based on such information.

The Food Institute will not be liable for any damages (including without limitation, damages for loss of profits) arising in contract, tort or otherwise from your use or inability to use the Site or any Content or from any action taken (or refrained from being taken) as a result of using the Site or any Content.

Under no circumstances, including, but not limited to, negligence, shall The Food Institute be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Food Institute materials. If you are dissatisfied with any Food Institute material, or with any of The Food Institute’s Terms of Service, you may contact us at food1@foodinstitute.com.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The Food Institute or submitted to The Food Institute.

The Food Institute Web Site has provided links and pointers to Internet Sites maintained by third parties. The Food Institute does not operate or control, in any respect, any information, products or services on these third-party sites. The materials in this Site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, The Food Institute disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability for a particular purpose. The Food Institute does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Site, or the server that makes it available, are free of viruses or other harmful components.

The Food Institute does not warrant or make any representations regarding the use or the results of the use of the materials in this Site or in third-party sites in the Terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not The Food Institute) assume the entire cost of all necessary maintenance, repair or correction.

Because The Food Institute has no control over third-party sites and resources, you acknowledge and agree that The Food Institute is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that The Food Institute shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that The Food Institute shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

The information that you provide about yourself to The Food Institute will only be used by The Food Institute in accordance with its Terms Of Service. This includes using your information for the effective administration of the Site, to communicate with you and to verify information for shipping and download transactions.

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site. The Food Institute may, from time to time send you email regarding our products and services. We may occasionally send you direct mail about products and services that we feel may be of interest to you.

The Food Institute does not sell or rent user information to anyone.

Pursuant to these Terms, The Food Institute may disclose to third parties aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is necessary to comply with the law, legal process or enforcement of the Terms.

The Food Institute's web servers automatically collect information about which pages are visited and the domain name (e.g., aol.com) of visitors, but not any information that personally identifies a visitor. This information is used for internal review, to tailor information to individual visitors and for traffic audits.

Through The Food Institute website you will be introduced to a variety of third-party vendors and Sites. The privacy polices of these third parties are not under our control. The use of any information that you may provide to any third party will be governed by the privacy policy of the operator of the Site that you are visiting, which may differ from ours. As well, in some cases these third parties may share the information that they collect about you. If you have any doubts about the privacy of the information you are providing, you should look for the privacy policy of the Site that you are visiting via a link from that Site’s home page or elsewhere. If you cannot find that Site’s privacy policy, or if you are uncertain about the entity to whom you are providing your information, you should contact that Site directly for more information.

Some links provided on this website may take you to a website that uses "cookies," which can be used to tell when your computer has contacted a Web Site. Again, because we do not control the privacy policies of our affiliates or any non-Food Institute Sites to which we may provide hyperlinks, you should check the privacy policy of the Site you are visiting if you have any concerns about that Site’s use of cookies.

Please note that there are several places on The Food Institute Site where you can transmit credit card information in order to complete a purchase transaction or for verification purposes. Any time we ask for a credit card number, we transmit that credit card number in an encrypted format. We use industry-standard, SSL (secure socket layer) encryption.

Upon Membership registration, you must provide The Food Institute with accurate, complete registration information and it is your responsibility to inform The Food Institute of any changes to that information (including in particular your email address) by emailing memberservices@foodinstitute.com.

Each Membership registration or purchase of services is for a single user only. On Membership registration, you will choose a password. The Food Institute does not permit any of the following:

  • any other person sharing your user name and password;
  • access through a single name and password being made available to multiple users on a network.

You are responsible for all use of the Site made by you or anyone else using your user name and password (collectively, "ID") and for preventing unauthorized use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify The Food Institute immediately by emailing food1@foodinstitute.com.

Members Only Content will be accessible on payment of certain charges. All payments (including any applicable taxes) must be made by credit card in US Dollars. If The Food Institute (or its designated agent) does not receive payment authorization from your credit card clearing service, The Food Institute may immediately deny access to the Members Only section. You are responsible for the payment of all charges associated with the use of the Site using your ID.

If your use of the Site is terminated by The Food Institute, you will be entitled to receive a refund of any credits that remain unused at the time of termination (unless your use is terminated because you are in breach of these Terms). You will still be responsible for any fees or other charges incurred by you until the termination of your rights to use the Site.

Any information collected by The Food Institute during these processes is encrypted and stored on our secure servers.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

The Food Institute reserves the right, at its discretion, to make changes to any part of the Site. Due to its policy of updating and improving the Site, The Food Institute may wish to change these Terms (including those relating to your use of the Content). When Terms are changed, The Food Institute will notify you by email or by publishing details of those changes in these Terms (see "Changes to these Terms"). If you use the Site after The Food Institute has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published at the end of these Terms or after you receive notice of them.

The Food Institute reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Food Institute shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that The Food Institute, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if The Food Institute believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Food Institute may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms may be effected without prior notice, and acknowledge and agree that The Food Institute may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.

In the event of termination, you are no longer authorized to access Members Only areas and the restrictions imposed on you with respect to material downloaded from the website, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

Further, you agree that The Food Institute shall not be liable to you or any third-party for any termination of your access to the Service.

The Terms constitute the entire agreement between you and The Food Institute and govern your use of the Service, superceding any prior agreements between you and The Food Institute. You also may be subject to additional Terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

This agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The failure of The Food Institute to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.