Terms and Conditions
Last revised: February 16, 2011
This User Terms Agreement combined with the general policy language referenced on the home page of our website (collectively, "Agreement"), embody the terms and conditions which govern use of the initial "Beta" version of the www.gfoverflow.com website ("Site") provided and maintained by GF Overflow, LLC ("GFO").
The Agreement and related legal agreements and policies that may be referenced therein constitute the entire agreement between GFO, along with its successors, assigns and licensees, and end users of the Site ("User" or "Users"). "User" is defined for purposes of this Agreement as anyone viewing information on the Site.
Right to revise terms
GFO reserves the right to change these terms and conditions at any time. Revisions are in effect once we post them on the Site. Users who access the Site agree to periodically review the legal statements on the Site.
Confirmation of Acceptance and Legal Age
Users' continued acts of accessing the Site will serve to confirm the following:
- User consents to the terms of this or any subsequent revision of the Agreement,
- User is 18 years of age or older, or has secured permission of a parent, guardian or other legally responsible individual to view materials posted therein.
The Site, which implements GFO's mission as a provider of information about gluten-free foods, is available only for personal and non-commercial use, except with respect to advertisers.
Waiver and Severability
The failure of GFO to exercise or enforce any provision of these User Terms shall not constitute a waiver of such right or provision. If any provision of this or any related Agreement is found to be unenforceable or invalid in any jurisdiction, the remaining provisions of the Agreement shall retain their full force and effect in that jurisdiction.
Questions and Concerns
Users with questions or concerns regarding the use of the site or content provided therein should email firstname.lastname@example.org.
Ownership of Intellectual Property
Unless stated otherwise, all intellectual property related to the contents of the Site including text, audio, images, video, trademarks, logos and other components is owned by GFO, by the food suppliers and vendors who provide us with gluten-free information, and/or by our advertisers. As such it is protected by copyright and trademark laws and international treaty provisions.
Further, the general structure, look and feel, underlying program code and metadata encompassed in the Site are also subject to ownership rights. No such components of the site, whether owned by GFO or third parties, may be copied, uploaded, published, distributed or otherwise disseminated in any form, including derivative or modified materials, without the express permission of GFO. Where such permission is granted, grantees will obtain and/or use materials only as specified by GFO. No rights to patents, copyrights, trademarks, trade secrets or other proprietary information or materials is granted in the absence of an express written grant of rights made by GFO to a specific party.
Users may, however, print or download the text of individual pages on GFO's site for personal non-commercial or educational use. Fair Use exceptions to GFO's ownership of Intellectual Property, as interpreted under U.S. law shall also be reasonably accommodated. Users who are in doubt as to desired uses of content owned by GFO or third party content providers should email email@example.com.
Website Content and Representations
The site is provided on an "as is" basis. GFO, per its general Policy regarding gluten-free status information declines to make representations or warranties regarding the accuracy, reliability or completeness of information published on the Site. As for the general quality, performance and fitness of products referenced or advertised on the site, GFO makes no representations or warranties of any kind and users must rely exclusively on those express warranties provided by suppliers and vendors in reference to specific products as well as additional warranties that may apply to suppliers and vendors under U.S. or other local law.
GFO will strive to provide continuous service of high quality but due to the imperfect nature of the Internet and the technologies that populate it, GFO does not warrant that it will maintain any of its services in an uninterrupted manner and does not accept any related liability.
Further, while GFO shall make reasonable efforts to reduce risks related to computer viruses that may be transmitted over the Internet, it does not warrant that the site is free of such risks.
Liability for all such content related risks is expressly excluded to the extent permitted under Federal, State and local law.
Availability of Content, Products and Services Internationally
The site is controlled and operated from the United States and while GFO intends ultimately to extend its global reach to the greatest extent possible, it makes no representations that content or products described therein are available/applicable in all locations or jurisdictions.
Any health related information found on the site, or any content having the appearance of medical information, is available as part of a general educational and commercial forum and is not intended to be a substitute for advice and service provided by qualified and licensed medical care providers. Always discuss medical issues with a physician and/or qualified nutritionist before making use of any health related content found on the site.
Third Party content and relationships
Where for convenience of Users and advertisers the site directs Users to external websites not subject to GFO's control, GFO is not responsible or liable in any way for such websites and cannot vouch for the suitability or accuracy of the content of those websites.
Where Users form direct relationships with vendors, content providers or any other third party as a consequence of using the Site, the Terms and Conditions applicable to the third party relationship shall have full force and effect. GFO shall not in any way be liable for losses and/or damages incurred in the course of such third party relationships. Where Users attempt to make use of any such third party's intellectual property in a manner that causes GFO to be held liable for infringement, Users shall indemnify and defend GFO accordingly.
GFO's Liability and Indemnity
Neither GFO nor any of its officers, employees or representatives shall be liable for any damages arising from or in connection with the use of the site. This exclusion of liability applies to all damages of any kind, including, but not limited to compensatory, direct, indirect or consequential damages, data loss or corruption, income loss or reduction, property loss or damage and claims of third parties.
Users agree to defend and indemnify GFO against all claims and expenses resulting from their breach of this or other Agreements with GFO relating to use of the site. Users will cooperate fully and in good faith with GFO in its defense of any matter subject to such indemnification.
When you access the GFO Site, we automatically record certain information from your browser. This may include information such as your web request, Internet Protocol (IP) address, browser type, and the date and time of your request. We may also send one or more cookies to your browser.
The collected information is used to improve the quality of our services. This may include improving search results, tracking activity across the Site, and storing user preferences. GFO may also use this information in connection with its advertising services to help advertisers and publishers manage and serve ads on the Site.
GFO participates in Affiliate Advertising Programs. Affiliate advertising programs pay GFO a fee in exchange for referring users to an external merchant site.
GFO is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. We also participate in affiliate advertising programs run by GlutenFree.com, and The Gluten-Free Mall (www.glutenfreemall.com). All affiliate advertising links will be clearly marked "Affiliate" or "Affiliate Link".
Assignment of rights and obligations
GFO may at its discretion assign or subcontract any rights and obligations under these User Terms to a third party. GFO shall publish information regarding any assignment on the site.
Governing Law and Jurisdiction
This Agreement, as well as related GFO Agreements and Policies, urges compliance with local law throughout all jurisdictions served by GFO, but it is exclusively subject to United States Law which shall govern its interpretation and implementation. The Courts of the United States shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with the subject matter.