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Website Terms and Conditions of Use
Welcome to loomisenzymes.com. Loomisenzymes.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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