Terms and Conditions

1. Acceptance of Terms of Use. Food Safety Management Enterprises, Inc. (collectively, “FSME, Inc.") provides its online services and website to you, the User, subject to this Terms of Service Agreement (“TOS”). FSME, Inc. reserves the right to alter the TOS at any time without notice to User. By using the FSME, Inc. website, located at this URL. User agrees to abide by this TOS Agreement.

2. Online Services and Disclaimer of Warranty. The FSME, Inc. website provides online resources including, but not limited to, online information regarding FSME, Inc.’s organization and services. Any new services, offerings, resources or informational content added to the website shall fall under the terms of this TOS Agreement. The online resources, offerings, informational content on this website is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. FSME, Inc. assumes no responsibility for any data loss or other loss suffered by any User of this website. User is fully responsible for maintaining its computer equipment and Internet access to use the FSME, Inc. website.

3. Informational Content Supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the FSME, Inc. website, or privately transmitted through the FSME, Inc. website, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the FSME, Inc. website. FSME, Inc. does not and cannot control the informational content Users transmit through the FSME, Inc. website. Under no circumstances shall FSME, Inc. be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall FSME, Inc. be held liable for any errors or omissions in any informational content transmitted by Users.

4. User Conduct. User agrees to not use the FSME, Inc. website to:

i. upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;

ii. harm legal minors;

iii. collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;

iv. impersonate another User, person, or entity, including any official or employee of FSME, Inc.;

v. intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;

vi. upload, post or transmit any software or files that contain software viruses or other harmful computer code;

vii. interfere with the operation of FSME, Inc.’s web servers or other computers or Internet or network connections;

viii. upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;

ix. upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”

5. Content Submitted by Users. FSME, Inc. does not claim ownership of any informational content submitted by Users to the FSME, Inc. website. User grants FSME, Inc. a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the FSME, Inc. website. This license exists only so long as User allows its content to remain on the FSME, Inc. website and will terminate in the event that User removes such content.

6. Indemnity. You agree to indemnify and hold FSME, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

7. No Resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the FSME, Inc. website.

8. Limits and Modifications. FSME, Inc. may establish without notice limits on the use of its web site, including the maximum number of times Users may post or to the number of times Users may access the FSME, Inc. website. FSME, Inc. reserves the right to modify any and all portions of the FSME, Inc. website without notice. Under no circumstances shall FSME, Inc. be liable to User or any other party for such limits or modifications.

9. Third party Advertisers. FSME, Inc. may allow third party advertisers to advertise on the FSME, Inc. website. FSME, Inc. takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. FSME, Inc. shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.

10. Hyperlink Policy. The FSME, Inc. website may contain hyperlinks to other Internet sites not under the editorial control of FSME, Inc. These hyperlinks are not express or implied endorsements or approvals by FSME, Inc. of any products, services or information available from these sites.

11. Disclaimer.  ALL CONTENT AND OFFERINGS ON FSME, INC.’S WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FSME, INC. MAKES NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET USER’S REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY USER FROM FSME, INC.’S WEB SITE FROM FSME, INC. OR FSME, INC.’S AFFILIATES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.  FSME, INC.’S WEB SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FSME, INC. MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND FSME, INC. MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS. THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH FSME, INC.’S WEB SITE IS DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.  FSME, INC. MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH FSME, INC.’S WEBSITE, AND USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT USER’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY FSME, INC. OR ANY OTHER OF FSME, INC.’S AFFILIATES.  FSME, INC. RESERVES THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. FSME, INC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD FSME, INC.EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

12. Limitation of Liability. FSME, INC.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). FSME, INC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

13. Termination of Use.  You agree that FSME, INC. may, at FSME, INC.’s sole discretion, terminate or suspend your access to all or part of FSME, INC.’s web site with or without notice and for any reason, including, without limitation, breach of these TOS. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to FSME, INC.’s website, and reporting you to the proper authorities, if necessary.  Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on FSME, INC.’s website will immediately cease. FSME, INC. shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by FSME, INC. in connection therewith.

14. Notice. If applicable, notices may be posted to the FSME, INC. website or e-mailed to Users using the e-mail address Users submitted during the registration process.

General. This TOS Agreement constitutes the entire agreement between you and FSME, INC. and governs your use of the FSME, INC. website. This TOS Agreement shall be governed by the laws of the State of Virginia. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Loudoun in the State of Virginia. The failure of FSME, INC. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.