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Website Terms and Conditions of Use Welcome
to loomisinstitute.com. Loomisinstitute.com is owned and operated
by the Loomis Institute of Enzyme Nutrition (“LI”). These
Website Terms and Conditions of Use (“Terms”) contain the
terms and conditions upon which LI is willing to provide you
access to and use of this LI website and all related pages,
information, databases, materials and services
(collectively, the “Site”), and governs your use and
purchase of any products and services (collectively, the
“Services”) available through the Site. These Terms form a
contract between you and LI. If you do not agree to be bound
by these Terms, you may not access or use the Site or the
Services. Use of the Site or purchase or use of the Services
indicates your acceptance of these Terms, and LI’s
Internet Privacy and Security Policy.
Please scroll down through these Terms to review
important provisions regarding arbitration, limitation of
liability, waivers, indemnities, and other important
provisions.
If you have questions regarding these Terms, please
contact LI at
800-662-2630 or use our contact form.
License
You may only use this Site if you are at least 18 years
of age. By accessing any portion of the Site, you have a
limited license to use the Site and Services, including the
limited right to view, bookmark, download and print, for
your noncommercial, personal use and information only, those
pages of the Site that interest you, subject to any other
terms and conditions of use and/or payment in these Terms or
on the Site. These Terms cannot be waived or modified by any
oral communications between you and LI.
Updating Terms
LI reserves the right, to change, delete, or update the
Terms or other policies that govern use of the Site at its
discretion, at any time, for any reason, without notice,
including the right to terminate the Services or any part of
the Services. Any amendments and modifications by LI will be
prospective only, and unless otherwise provided in this
Agreement, will be effective upon being posted on the Site.
LI encourages you to review these Terms periodically for
updates and changes. Your continued access or use of the
Site shall be deemed acceptance of all changes.
If you have an account or other relationship with LI,
that relationship is governed by the agreement specific to
that particular account or relationship. The terms of these
other agreements are not altered by these Terms or by any
content on the Site, provided that nothing in these other
agreements shall diminish the protections and rights
provided to LI under these Terms. Except as expressly
provided in additional terms of use for specific areas of
the Site or the above-referenced agreements, these Terms
constitute the entire agreement between you and LI with
respect to the use of the Site.
LI Website Purchasing Information and Unauthorized Use
You agree that any information you provide to LI, whether
through the purchasing process or otherwise, including,
without limitation, passwords, usernames, login ID’s, credit
card and financial information, and other personally
identifiable information whether through questionnaires,
registration forms, or other information requests,
(“Customer Information”), will be true, accurate, current
and complete information. You agree not to provide Customer
Information that is false, inaccurate, misleading, or
fraudulent. You agree to provide LI with any information
reasonably requested by LI related to the provision of the
Services. You are solely responsible for all transactions,
and transmissions that occur through the use of your
Customer Information, and it is your responsibility to
maintain and promptly update your Customer Information. You
agree that LI is not liable to you or any third party for
damages or losses related to the accuracy or disclosure to
LI of your Customer Information. It is your responsibility
to maintain the confidentiality of your Customer
Information. LI requires that you agree not to share your
Customer Information with another person, nor allow another
person to use your Customer Information. If you believe that
someone has used your Registration Information to access any
LI services without your authorization, please contact LI
immediately.
Please review LI’s Internet Privacy
and Security Policy for more information regarding LI’s
policies and procedures for disclosing and using your
Customer Information. Subject to the Internet Privacy and Security Policy, LI retains a
perpetual, irrevocable, non-exclusive, royalty-free,
worldwide license to use and store your information (in any
media, currently known or unknown) related to these Terms or
LI’s provision of the Services.
You agree not to impersonate any person or entity,
misrepresent any affiliation with another person, entity or
association, use false e-mail or other headers, or otherwise
conceal your identity from LI for any purpose.
Fees and Payment
You are responsible for promptly paying all fees
associated with your use or purchase of the Services (the
“Fees”) at the time of purchase. You are also responsible
for any applicable federal, state, or local franchise fees,
surcharges, sales and use taxes, and any other taxes (except
those related to LI’s net income) related to the Services
(collectively, the "Taxes"). You shall promptly pay all
Taxes at the time of purchase.
If you dispute any Fees related to purchase of any
Services, you shall provide LI with written notice
describing such dispute in reasonable detail and shall
include with such notice all documentation as may be
reasonably required to support your position regarding the
dispute. All disputes regarding any Fees must be submitted
to LI within 90 days of the purchase of the applicable
Services. If you do not submit a claim within such time
period, you waive all rights to dispute such Fees.
If the dispute is resolved in favor of LI and you have
withheld the disputed amount, any payments withheld pending
settlement of the disputed amount shall bear interest at
eighteen percent (18%) per annum or the highest amount
permitted by law, whichever is lower, from the payment due
date up to and including the date of payment. LI shall be
entitled to recovery of all costs and expenses (including
reasonable attorneys’ fees and costs) incurred in enforcing
your compliance with this Agreement.
Restrictions on Use of LI Materials and the Site
LI or its content providers own all of the content,
materials, and other intellectual property related to the
Site and the Services, including without limit all text,
graphics, photographs, music, data, images, audio and video
clips, software, names, button icons, logos, images,
designs, titles, words or phrases, page headers, service
names, trademarks, patents, and copyrights (collectively,
“Materials”). You have no rights to the Materials, except as
expressly set forth in these Terms. Any use of the
Materials, except as permitted by these Terms, is expressly
prohibited.
The contents and use of the Site (including LI’s name and
the logos and software used in the Site) are registered
and/or protected by U.S. and international copyright,
trademark, and other laws. You agree to retain all copyright
and other proprietary notices contained in the Site or the
Services. You may not delete or change any copyright or
trademark notices, and cannot alter or modify the content in
any manner without the express written permission of LI.
You further agree that you may not:
- use the Site to transmit, copy, reproduce,
republish, upload, post, transmit, e-mail, or distribute
in any way material or content that infringes any
copyright, trademark, proprietary, or other right of any
party or that violates these Terms;
- copy (except as set forth above for noncommercial
personal use), modify, distribute, create any derivative
or compilation work from, or display LI’s name or logo,
or any text, graphic images, or other content from the
Site or redeliver such content using framing or similar
technology;
- use any device designed to provide repeated
automated access to any Site other than those made
generally available by LI;
- include any LI trademarked materials, the name of
any LI personnel, or any variation of these items as a
metatag or hidden textual element, or in any other
fashion that may create a false or misleading impression
of affiliation, sponsorship, or endorsement between LI
and you, any other party, or any other website, or
otherwise use these items without LI’s express written
permission;
- collect, harvest, or store personal data about other
users of the Site or the Services;
- upload, e-mail or otherwise transmit to LI or
through the Site or any LI computer network any of the
following: a sexually-explicit image or statement;
advertising, promotional, or other unauthorized
communication, including without limitation, “junk
mail,” surveys, unsolicited e-mail, “spam,” “chain
letters,” “pyramid schemes,” or other inappropriate or
prohibited materials; and any material that contains
viruses, Trojan horses, worms, time bombs, cancelbots,
easter eggs, or any other computer code, files or
programs that might interrupt, limit or interfere with,
damage, surreptitiously intercept or expropriate any
system, data or information related to the Site or any
computer software, hardware or communications equipment
that is owned, leased or used by LI; or
- create a link to the Site without LI’s prior written
permission.
- use the Site or Services to post or transmit any
threatening, false, misleading, abusive, harassing,
libelous, defamatory, vulgar, obscene, scandalous,
inflammatory, or profane material or any material that
could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil
liability, or otherwise violate any applicable local,
state, national or international law;
- use any robot, spider, scraper, or any other
automated means to access the Site or the Services for
any purpose without LI’s express written permission; or
- forge any TCP/IP packet header or any part of the
header information in any email or posting; or
- take any action that imposes, or may impose, in LI’s
sole discretion, an unreasonable or disproportionately
large load on the LI infrastructure; or
- interfere or attempt to interfere with the proper
working of the Site, the Services, or any activities
conducted on the Site; or
- bypass measures used by LI to prevent or restrict
access to the Site or the Services, violate or attempt
to violate the security or authentication measures of
the system, or attempt to prove, scan, or test the
vulnerability of a system or network without proper
written authorization from LI.
LI reserves the right to disclose the identity of anyone
posting or transmitting any information or materials
violating the above prohibitions to law enforcement
authorities or pursuant to any court order requesting or
directing LI to disclose such information.
Termination, Removal of Materials, and Monitoring
These Terms are effective until terminated by either
party. If you no longer agree to be bound by these Terms,
you must cease use of the Site and the Services. You agree
that LI may terminate, restrict, or suspend part or all of
your license to access the Site or delete any content
transmitted to or through the Site, at any time, at its sole
discretion, without prior notice to you and without any
liability to you. LI also reserves the right to take any
action relating to user-submitted information that it deems
necessary or appropriate if such information, as determined
in LI’s sole discretion, may create liability for LI, its
agents or its contractors, or may affect LI’s business
relationships or contracts with its agents or its
contractors. LI further reserves the right to remove any
materials that are defamatory, abusive, illegal, harassing,
immoral, disruptive or do not conform to these Terms -
though LI shall be under no affirmative obligation to
monitor any of the foregoing or to otherwise screen or
monitor any communications or information prior to their
posting. You agree LI has the right, but is not obligated,
to monitor your use of the Site and any communications made
by you related to such use in any manner; and you release LI
from any liability related to its monitoring activities. If
LI denies you access to the Site, you agree to destroy all
materials obtained from the Site and all copies of those
materials with the exception of your personal
customer-account-related materials. You acknowledge that,
upon termination, LI may immediately deactivate or delete
your account and all related information and files in the
account and bar you from further access to the files, the
Site, and the Services.
Website Linking and Cautions About Third-Party
Information Included in Site
For your general informational use only, LI may provide
access to third party websites. These links will allow you
to leave the Site. The linked sites are not under the
control of LI and LI is not responsible for the contents of
any linked site. By providing access to other websites, LI
is not recommending or supporting any third party, is not
recommending the purchase or sale of any products or
services of a third party, and is not endorsing or
acknowledging that it is affiliated with any website's
sponsoring organization.
LI is not obligated to maintain, verify, update or post
any corrections to such third party information for any
reason. Nothing in the Site referencing any third parties
with whom LI conducts business, and nothing in these Terms,
shall be deemed to create any agency relationship,
affiliation, or sponsorship among LI and such third parties
or you, or make the third parties or you partners or joint
venturers with LI, or otherwise provide you or any third
parties with any rights to act on LI’s behalf. LI does not
represent or guarantee the truthfulness, accuracy,
completeness, timeliness, authorship, suitability of
content, or reliability of communications posted by third
parties, nor does LI endorse any opinions expressed by users
or any third parties using the Site. Consequently, you agree
that LI does not guarantee, and is not liable to you for any
third party content.
Disclaimers and Limitations of Liability
In using this Site you acknowledge and accept that there
are risks, including, without limitation, the risk of harm
of people acting under false pretenses. You assume all risks
associated with dealing with other users with whom you come
in contact through the Site and other parties that use the
Site or your Customer Information for unauthorized or
illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT
ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE
THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR
GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO
YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY,
CORRECTNESS AND NON-INFRINGEMENT). THE LI PARTIES MAKE NO
REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE
FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED
AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE
OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF
THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS
OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY
VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM
ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR
INFORMATION BY A PARTY OTHER THAN LI, ANY TECHNICAL FAILURES
(INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE,
SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR
TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS
UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES
ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS
AUTHORIZED TO MAKE ANY WARRANTY ON LI’S BEHALF, AND YOU
CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME
RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND
LEGALITY OF ANY INFORMATION YOU SUPPLY TO LI.
YOU AGREE THAT LI, ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND
SUPPLIERS (COLLECTIVELY THE “LI PARTIES”) ARE NOT LIABLE FOR
ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE
DAMAGES. IN NO EVENT SHALL THE LI PARTIES’ TOTAL LIABILITY
TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING
ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR
OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO LI TO
PURCHASE THE PARTICULAR PRODUCTS OR SERVICES WHICH FORM THE
BASIS OF YOUR CLAIM, THE AMOUNTS PAID BY YOU TO LI TO
PURCHASE PRODUCTS OR SERVICES IN THE THREE (3) MONTHS
PRECEDING ANY CLAIM WHERE YOUR CLAIM DOES NOT RELATE TO
PRODUCTS OR SERVICES PURCHASED, OR $100 IF YOU HAVE NOT PAID
ANY AMOUNTS TO LI. IF YOU LIVE IN A STATE THAT DOES NOT
ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR
DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE
WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO
PROMPTLY NOTIFY LI IN WRITING IF YOU BELIEVE YOU HAVE ANY
CLAIM AGAINST THE LI PARTIES, AND, IN ANY EVENT, YOU AGREE
THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY
SHALL BE DEEMED WAIVED AND RELEASED.
Medical Disclaimer
LI DOES NOT PROVIDE MEDICAL ADVICE OR PRESCRIPTION DRUG
THERAPY RECOMMENDATIONS. THE SITE AND THE SERVICES MAY NOT
CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL
CONDITIONS OR CIRCUMSTANCES. THE SITE AND SERVICES ARE NOT
INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A
SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER HEALTH
CARE PROVIDER. IF YOU SUSPECT YOU MAY HAVE A MEDICAL
PROBLEM, PROMPTLY SEEK THE CARE OF A PHYSICIAN OR HEALTHCARE
PROVIDER. YOU SHOULD CONTACT YOUR PHYSICIAN TO DETERMINE
WHETHER ANY OF THE PRODUCTS OR SERVICES ARE APPROPRIATE FOR
YOUR USE IF YOU HAVE A MEDICAL PROBLEM BEFORE USING ANY OF
THE PRODUCTS OR SERVICES.
ANY INFORMATION SUPPLIED THROUGH THE SITE OR THE
SERVICES, IN ANY MANNER OR MEDIUM, IS NOT INTENDED TO, AND
DOES NOT CONSTITUTE, MEDICAL, LEGAL, OR OTHER PROFESSIONAL
ADVICE OR CREATE A PROFESSIONAL RELATIONSHIP BETWEEN LI AND
YOU, AND DOES NOT CREATE ANY MEDICAL PRIVACY INTERESTS.
Food and Drug Administration
Claims and statements made on the Site about specific
nutrients or products have not been evaluated by the FDA
(Food and Drug Administration).
Indemnification
In consideration of your use of the Site, you hereby
agree to indemnify LI, its subsidiaries, affiliates,
officers, directors, employees, agents, contractors, and any
third party information or service providers from and
against any and all claims, losses, liabilities, damages,
costs and expenses (including, without limitation,
reasonable attorneys' fees and costs) arising out of or
related to your: (i) breach of these Terms, (ii) violation
of any person's or entity's legal rights (including, without
limitation, copyright, patent, trade secret, trademark, or
other proprietary rights, or publicity, contract, moral, or
privacy rights) (iii) violation of any applicable law, rule
or regulation, (iv) negligence, recklessness, or misconduct,
or to (v) unauthorized use of your Customer Information by a
party other than LI.
Applicable Law
LI controls and operates the Site from its offices within
the State of Wisconsin in the United States. If you choose
to access the Site from other locations, you do so at your
own risk and initiative and are responsible for compliance
with any applicable local laws and regulations. You agree
that the laws of the State of Wisconsin (excluding any
choice of law rules) govern your rights and obligations
relating to LI and your use of the Site.
Exports
You agree to comply with all United States export laws
and regulations. You assume sole responsibility for any
required export approval and/or licenses and all related
costs and for the violation of any United States export law
or regulation. You acknowledge that export of the products
or services and any related documentation, in whole or part,
contrary to United States law is prohibited. You agree that
no part of the products or services available through the
Site, either in whole or part, is being acquired for
shipment, transfer, or re-export, directly or indirectly, to
proscribed, embargoed, or prohibited countries or their
nationals, denied destinations, or for prohibited activities
or for weapons.
Severability and Waiver
If any provision of these Terms is found to be invalid by
any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the
remaining provisions of these Terms, which shall remain in
full force and effect.
No failure to exercise and no delay in exercising, by LI,
any right, power or privilege hereunder shall operate as a
waiver hereof, except as expressly provided herein. Any
waiver by LI of a breach of any provision of these Terms
shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a
modification of the Terms unless and until agreed to in
writing by LI.
Additional Terms
Certain areas of this Site may be subject to additional
terms of use. By using such areas or any part thereof, you
agree to be bound by the additional terms of use applicable
to such areas.
Copyright Agent for Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, LI
designates the agent below to receive notifications of
claimed copyright infringement. If you reasonably believe
that your work has been copied in a way that constitutes
copyright infringement, please provide LI’s designated agent
the following information:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
- a description of the copyrighted work that you claim
has been infringed;
- a description of where the material that you claim
is infringing is located on any Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- a statement by you, made under penalty of perjury,
that the information included in your notification is
accurate and that you are the copyright owner or
authorized to act on behalf of the copyright owner.
LI’s designated agent for notification may be contacted
at:
By Mail:
Loomis Institute of Enzyme Nutrition
6421 Enterprise Lane
Madison, WI 53719-1116
By Phone: 800-662-2630
By Fax: 608-273-8110
You may also use our contact form.
Dispute Resolution
If a dispute arises between you and any of the LI
Parties, it is the goal of LI to work in good faith with you
to quickly and amicably resolve the dispute. All disputes,
claims, or controversies (“Claims”) arising under or
relating to these Terms, the Site, or the Services that
cannot be resolved informally, will be finally resolved by
binding arbitration as described herein.
Any dispute arising under or related to these Terms, the
Site, or the Services (including the arbitrability of such a
dispute and the existence, validity, interpretation,
performance, termination or breach thereof) shall be finally
settled by binding arbitration by a single arbitrator in
accordance with the then-current Commercial Arbitration
Rules of the American Arbitration Association ("AAA"), with
the arbitration to be commenced no later than one (1) year
after such Claim accrues (in absence of which it shall be
deemed forever waived). A judgment upon an arbitrator’s
award may be entered by any court of competent jurisdiction.
The arbitrator shall be an expert in the field of Internet
services. To the extent permitted by applicable law, you
agree that there shall be no class action arbitration
related to this Agreement or the Services. All parties shall
bear their own expenses, except that the parties shall
equally share the expenses of the arbitrator (except for the
required non-refundable filing fees which shall be paid
solely by the party asserting the related Claim).
The above obligations to arbitrate shall not prevent a
party from seeking a preliminary injunction, temporary
restraining order, specific performance or other procedures
in a court of competent jurisdiction to obtain interim
relief when deemed necessary by such court to preserve the
status quo or prevent irreparable injury pending resolution
by arbitration of the actual dispute.
Exclusive jurisdiction and venue for arbitration or any
other legal action or proceeding in any way related to the
Site, the Services, or this Agreement shall be in Madison,
Wisconsin. Any matter brought before a court shall be
brought solely in the state or federal courts located in
Madison, Wisconsin.
Independent Parties
For purposes of these Terms, the parties hereto shall be
independent contractors and neither shall at any time be
considered an agent or employee of the other. No joint
venture, partnership, or like relationship is created
between the parties by this Agreement.
Entire Agreement
These Terms, and any policies referenced and attached
hereto, constitute the entire agreement between you and LI
related to the Site and services. All prior agreements,
representations, statements, negotiations, and undertakings
with respect to the subject matter herein are superseded by
these Terms. These Terms may not be amended, altered or
added to in any manner except as set forth by a document in
writing and signed by an authorized representative of each
party. If there is a conflict between these Terms and any
terms appearing on the Site, or in any policies, those terms
that are more favorable to LI shall govern.
Headings
The headings of the sections in these Terms are strictly
for convenience and shall not in any way be construed as
amplifying or limiting any of these Terms.
Survival of Obligations
The terms that by their nature are intended to survive
beyond the termination, cancellation, or expiration of these
Terms shall survive.
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