Terms and Conditions & Privacy Policy...

WEBSITE TERMS OF USE

These Website Terms of Use (“Terms of Use”) govern your access to and use of Passport® Food Safety Solutions, Inc. (“Passport”) website (the “Site”), any information, text, graphics, or other materials appearing on the Site (the “Content”), and any services provided through the Site (the “Services”). Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content or Services, you agree to be bound by these Terms of Use.

MODIFICATION OF TERMS OF USE

You acknowledge and agree that Passport may revise these Terms of Use from time to time. By continuing to access or use the Site, Content, or Services after Passport makes any such revision, you agree to be bound by the revised Terms of Use.

PRIVACY

See Passport’s Security Policy for information and notices concerning Passport’s collection and use of your personal information.

REGISTRATION AND PASSWORDS

Some Services or areas of the Site may require you to register. If you choose to register, you must submit a valid email address and select a username and password during the registration process and be at least eighteen (18) years of age. You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Passport of any unauthorized use of your password. Passport reserves the right to refuse providing Services or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

YOUR USE OF THE CONTENT

You may only use the Site, Services, or Content for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. Furthermore, the Site and Content made available through the Site may contain links to other websites that are completely independent of Passport. Passport makes no representation or warranty as the accuracy, completeness, or authenticity of the information contained on such websites. Under no circumstances will Passport be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked, or otherwise made available via the Site. You are also fully responsible for any Content you post on the Site and to the consequences of any such Content.

PASSPORT PROPERTY

All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of Passport and its licensors. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Content, or Services on or in connection with any other website, for any purpose. If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, or suggestions, such communications or materials are, and will be treated as, non-confidential and non-propriety. You will not claim that any use of such communications or materials by Passport violates your rights, including moral rights, privacy rights, proprietary or other property right. Any materials submitted by you to the Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, or sold by Passport, Passport may freely use, without compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send or feedback you provide to Passport.

GENERAL PROHIBITIONS

You agree not to do any of the following while using the Site, Content, or Services: Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability. Access, tamper with, or use non-public areas of the Site, Passport’s computer systems, or the technical delivery systems of Passport’s providers; Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Passport or other generally available third party web browsers (such as Microsoft® Internet Explorer, Netscape Navigator, Apple® Safari, Google® Chrome, or Mozilla Firefox); Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Content, or Services; or Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site. Passport will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Passport may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Passport has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

TERMINATION

If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. Passport reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. Passport also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.

THE SITE IS AVAILABLE “AS-IS”

The site, content, and services are provided “as is”, without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Passport explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Without limiting the foregoing, Passport makes no warranty that the site, content or services will meet your requirements or be available on an uninterrupted, secure or error-free basis. Passport makes no warranty regarding the quality of any products, services or information purchased or obtained through the site, content, or services or the accuracy, timeliness, truthfulness, completeness, or reliability of any information obtained through the site, content, or services.

INDEMNITY

You agree to defend, indemnify, and hold harmless Passport its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms of Use.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, neither Passport nor any other party involved in creating, producing, or delivering the site, content or services will be liable for any incidental, special, consequential or punitive damages resulting from your access or or use of, or inability to access or use, the site, content or services, whether based on warranty, contract tort (including negligence), or any other legal theory, whether or not Passport has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Passport is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Passport will have no liability to your or to any third-party content uploaded onto or downloaded from the site or through the services. You agree that the aggregate liability of Passport to you for any and all claims arising from the use of the site, content, or services is limited to the amounts you have paid to Passport for access to and use of the site, content, or services. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Passport and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

SEVERABILITY

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and affect.

WAIVER

The failure of Passport to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

CONTROLLING LAW AND JURISDICTION

These Terms of Use and any action related thereto will be governed by the laws of the State of Utah without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Salt Lake County, Utah, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

ENTIRE AGREEMENT

These Terms of Use are the entire and exclusive agreement between Passport and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between Passport and you regarding the Site, Content, and Services.


Passport Food Safety Solutions
6935 Vista Drive
West Des Moines, IA 50266
515.334.8035

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