Terms of Use

Nutrition Science Initiative, Inc. is a California nonprofit public benefit corporation and has applied to the IRS for recognition as an entity that is tax-exempt under Section 501(c)(3) of the Internal Revenue Code.

1. READ THIS:

This Terms of Use Agreement (“Agreement”) is made by and between NuSI, a California nonprofit public benefit corporation, with offices in San Diego, CA (“NuSI”) and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER NuSI SOFTWARE, SERVICES, OR WEBSITES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

NuSI– RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN NuSI’s SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE NuSI WEBSITE.

2. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If NuSI believes the information you provide is not correct, current, or complete, NuSI has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of NuSI’s website(s), you warrant to NuSI that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site without the express prior written permission of an authorized representative of NuSI. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with NuSI to prevent or remedy any unauthorized use. In addition, you may not use NuSI’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

NuSI’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without NuSI’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to NuSI’s websites.

5. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by NuSI (the “Content”) is the proprietary information of NuSI or the party that provided or licensed the Content to NuSI, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of NuSI, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates NuSI’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

6. LINKS TO THIRD-PARTY WEBSITES

This site may link to other sites which are not maintained by, or related to, NuSI. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or NuSI. NuSI has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and NuSI makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. NuSI provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by NuSI of that site or any association with its operators.

7. SUBMISSIONS

NuSI will treat any personal information that you submit through this site in accordance with its Privacy Policy (see below).

8. DISCLAIMER

You understand that NuSI cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. NuSI does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by NuSI.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NuSI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NuSI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE 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. NuSI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NuSI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT NuSI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. NuSI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and NuSI does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

9. LIMITATION ON LIABILITY

NuSI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF NuSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NuSI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO NuSI FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

10. TERMINATION OR RESTRICTION OF ACCESS

NuSI reserves the right, in its sole discretion, to terminate your access to any or all of NuSI’s websites and the related services or any portion thereof at any time, without notice.

11. INDEMNITY

You will indemnify and hold NuSI, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

12. TRADEMARKS AND COPYRIGHTS

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation “NuSI” and all other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of NuSI, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NuSI. The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of NuSI. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

All contents of NuSI’s websites are: Copyright © 2012 NuSI. All rights reserved.

13. POLICY REGARDING UNSOLICITED RESEARCH, IDEAS AND PROPOSALS

Neither NuSI nor any of its employees accept or consider unsolicited ideas, including original research results, plans, concepts, or procedures or related ideas or ideas for new or improved nutritional products, technologies, enhancements or processes. Please do not submit any unsolicited ideas, research, technologies, drawings, outlines, proposals, suggestions or any type of submission (“Submissions”) in any form to NuSI or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when NuSI’s research, products or strategies might seem similar to ideas submitted to NuSI. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter or email says, the following terms shall apply to your submissions.

14. TERMS OF IDEA SUBMISSION

You agree that: (1) your submissions and their contents will automatically become the property of NuSI, without any compensation to you; (2) NuSI may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for NuSI to review the submission; and (4) there is no obligation to keep any submissions confidential.

15. INFORMATION SUBMISSION

Any information you provide at this site shall be deemed to be non-confidential. NuSI shall be free to use such information on an unrestricted basis.

16. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and NuSI arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in San Diego County, California.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NuSI as a result of this agreement or use of NuSI’s websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and NuSI with respect to NuSI’s websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

NuSI may revise these Terms of Use at any time by updating this posting.