Effective April 4, 2006
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site (“MeatTrack.com”) reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. MeatTrack.com reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors as well.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, MeatTrack.com hereby grants you a non-exclusive, non-transferable, revocable, limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of MeatTrack.com and its manager, associations, organizations and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally.
Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, or create derivative works from materials, code or content on or from this site. Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by MeatTrack.com, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying MeatTrack.com immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that MeatTrack.com shall pursue such penalties to the full extent of the law to protect its rights and the rights of its manager, associations, organizations and other licensors.
Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or re-exported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate to MeatTrack.com through this site (collectively “Submissions”) shall forever be the property of MeatTrack.com. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by MeatTrack.com. MeatTrack.com shall not incur any liability as a result of any similarities that may appear in future services or products. Without limitation, MeatTrack.com shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
MeatTrack.com’s, manager, associations, organizations and licensors’ or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These other sites are not under the control of MeatTrack.com, are not monitored or reviewed by MeatTrack.com, and MeatTrack.com is not aware of the contents of such sites. You acknowledge that MeatTrack.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by MeatTrack.com. You agree that MeatTrack.com and its licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
SUBSCRIBER TO MEATTRACK.COM EXPRESSLY ACKNOWLEDGES AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE SELECTION AND USE OF THE MEATTRACK U.P.C. SYSTEM TO SERVE ITS NEEDS. ANY INFORMATION AVAILABLE TO OR RECEIVED BY SUBSCRIBERS FROM MEATTRACK.COM IS USED IN SUBSCRIBER'S SOLE DISCRETION AND ANY ADVICE OR INFORMATION RECEIVED FROM MEATTRACK.COM, WHETHER WRITTEN OR ORAL, OR THROUGH USE OF THE MEATTRACK.COM WEBSITE SHALL NOT CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS SUBSCRIBER AGREEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MEATTRACK.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MEATTRACK.COM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
MEATTRACK.COM, ITS MANAGER, ASSOCIATIONS, ORGANIZATIONS AND PARTICIPATING SUPPLIERS ARE NOT RESPONSIBLE FOR RETAILERS LABELING OF PRODUCTS IN A RETAILERS STORE. IT IS THE RETAILERS RESPONSIBILITY TO COMPLY WITH ALL LABELING LAWS. LABELING LAWS CAN VARY FROM STATE TO STATE.
You agree to defend, indemnify, and hold harmless MeatTrack.com, the associations, organizations, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. MeatTrack.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with MeatTrack.com in asserting any available defenses.
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by MeatTrack.com from its offices within the State of Colorado, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Colorado, by accessing this site, both you and MeatTrack.com agree that the statues and laws of the state shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and MeatTrack.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Colorado and any legal proceedings shall be conducted in English. MeatTrack.com makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by the manager of MeatTrack.com. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.
Site Submission Rules
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any employee or representative of this site or its licensors.
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
MeatTrack.com reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.