TERMS OF USE
1. Acceptance of Terms
Food Sciences Corporation (“Food Sciences”) makes this site available to you subject to the following Terms of Use, which may be updated by Food Sciences from time to time without notice to you. Please check these Terms of Use periodically for changes. If you do not agree to the Terms of Use, please do not use this site. By using this site, including the submission of any Web Order Form through the site, you acknowledge that you have read, understood and agree to these Terms of Use. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your access to site, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords. You agree to immediately notify Food Sciences of any disclosure to, or use of, any such user names or passwords by any other individual. Food Sciences will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.
2. Privacy Policy
Any information including personal information (e.g., your name, address, telephone number, e-mail address) and non-personal information (e.g., your IP address, browser type, and the time of your visit) you transmit to this site will be used by us in accordance with this site’s Privacy Policy, which can be found at https://robard.com/privacy-policy/.
3. Payments
You agree to provide current, complete and accurate purchase, ship-to and contact information for all product purchases made via the e-Store. Shipping and services fees may be added to the price of product purchases, and you will be solely responsible for any sales tax required by law. Product prices are subject to change at any time. You agree to pay all charges, at the prices then in effect, for your product purchases and associate shipping/service fees, and you authorize us charging your payment provider for any such amounts upon placing your order.
4. Return Policy
In accordance with our Safe Quality Food (SQF) and Good Manufacturing Practices (GMP) certifications, we cannot accept any product returns once they ship from our warehouse.
5. Site Content
You acknowledge and agree that all content of this site, such as articles, text, graphics, images, links, and other material contained on this site, as well as any support materials (e.g., newsletters and books) (collectively, “Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and Food Sciences, Food Sciences is the owner of all such Content. You may not reproduce, distribute, republish or retransmit any Content or materials posted at this site without the prior written permission of Food Sciences. Except as expressly authorized by Food Sciences, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one or more copies of any purchase orders generated through the site for your commercial purposes, and one copy of any other Content on this site on any single computer for your personal, non-commercialuse, provided you keep intact all copyright and other proprietary notices.
6. Prohibited Conduct
Food Sciences imposes certain restrictions on your use of the site. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false or inaccurate information to Food Sciences or any other person in connection with the site; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with any person or entity; (c) modifying or changing the placement or location of any advertisement posted through the site; (d) harvesting or others collecting information about users, including e-mail addresses and phone numbers; (e) without prior written consent form Food Sciences, using or attempting to use any engine software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the site for any use including, without limitation, use on third party websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the site, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempting to interfere with the use of the site by any other user, host, or network including (without limitation ) be submitting malware or exploiting any software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the site (e.g., SMTP e-mail headers, HTTP headers, or Internet Protocol packet headers); (j) while using the site, using ad-blocking or other content-blocking software, browser extensions, or built in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form from any of the source code used by Food Sciences in providing the site including, without limitation, any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall service to determine and/or audit advertising revenues and payment, if applicable; (l) creating additional accounts to promote your or another’s business, or causing others to do so; or (m) paying anyone for interactions on the site.
7. Third Party Sites/Information
This site may provide links to, or information gathered from, other sites on the Internet. Food Sciences makes no representations whatsoever about these sites or this information. Other sites linked to this site may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply Food Sciences’ endorsement of any such sites or any association between Food Sciences and these other sites’ operators. These sites are not under the control of Food Sciences, and you acknowledge that Food Sciences, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that Food Sciences, its subsidiaries, its affiliates, and its licensors 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 the content, goods or services available on or through any sites linked to this site.
8. Submissions. You represent, warrant and covenant that your submissions to the site are not confidential or proprietary, and you grant us the worldwide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such submissions (in whole or in part), in any form, media, or technology now known or later developed. You also represent, warrant and covenant that you will only submit bona fide orders for products and services through the site. The foregoing licenses do not affect your ownership of the Submissions, unless we and you otherwise agree in writing. You represent and warrant that you have all rights necessary to grant such licenses to us without infringement or violation of any third party rights including, without limitation, any patent, copyright, trademark or other intellectual property or proprietary rights.
9. No Medical Advice; Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT NOTHING IN THE SITE OR PROVIDED THROUGH THE SITE IS INTENDED, OR SHOULD BE CONSTRUED, AS MEDICAL ADVISE. FOOD SCIENCES IS NOT A MEDICAL ORGANIZATION AND CANNOT GIVE YOU MEDICAL ADVICE OR ANY DIAGNOSIS. YOU SHOULD CONSULT WITH YOUR PRIMARY CARE PHYSICIAN BEFORE USING ANY PRODUCTS AVAILABLE THROUGH THE SITE.
The Content on this site is for informational purposes only. ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FOOD SCIENCES DOES NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FOOD SCIENCES BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NJEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, ANY THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO THE SITE. FOOD SCIENCES SHALL ONLY BE LIABLE TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE PURCHASE PRICE RECEIVED BY FOOD SCIENCES FOR THE PRODUCT GIVING RISE TO THE LIABILITY. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NJEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOOD SCIENCES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. Representations and Warranties
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you shall not use any rights granted hereunder for any unlawful purpose; and (c) you shall use this site only as set forth in these Terms of Use.
12. Indemnity
You agree to indemnify and hold Food Sciences and its officers, agents, representatives and employees, harmless from any claim or demand, including attorneys’ fees, whether for bodily injury, property damage, wrongful death, emotional stress, or other damages or harm, made by any third party that arise from your use or misuse of this site, use of any products or services available through this site, breach of any warranty, covenant, representation or term contained in these Terms of Use, or any alleged infringement of a third party’s intellectual or proprietary rights resulting from information or materials posted on the site by You Food Sciences reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Food Sciences in asserting any available defenses.
13. Copyright Policy
Food Sciences respects the intellectual property rights of others and expect visitors to this site to do the same. Food Sciences will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to Food Sciences using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Food Sciences reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. Food Sciences may also terminate a user’s account if the user is determined to be a repeat infringer. Food Sciences’ designated copyright agent for notice of alleged copyright infringement appearing on the site is:
Site Administrator
Christopher Flaherty
821 East Gate Dr,
Mt. Laurel, NJ 08054
e-mail: cflaherty@foodsciences.com
14. Modifications to Service
Food Sciences reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site or some or all of the services offered through this site, with or without notice. You agree that Food Sciences shall not be liable to your or to any third party for any modification, suspension or discontinuance of this site or some or all of the services offered through it.
15. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
16. Severability and Integration
This agreement, and any agreement you enter into with Food Sciences pertaining to products or services sold by Food Sciences, constitute the entire agreement between you and Food Sciences with respect to this site and the purchase of products and services through this site, and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Food Sciences with respect to this site. If any part of these Terms of Use or any agreement between you and Food Sciences pertaining to products or services sold by Food Sciences is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
17. Termination
In the event you breach any provision of these Terms of Use, or for any other reason or no reason at all, Food Sciences may, in its sole discretion, terminate your access to all or part of this site including, without limitation, your account, with or without notice.
18. Contact Information.
If have any questions or should you need any additional information about issues relating to this website and/or technical manual, please contact:
Christopher Flaherty
821 East Gate Dr,
Mt. Laurel, NJ 08054
e-mail: cflaherty@foodsciences.com