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Privacy Policy and Visitor Agreement

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Privacy Policy and Visitor Agreement

WHFoods.org (WHF) and the George Mateljan Foundation respect the privacy of visitors to our site. Please read this Privacy Policy carefully so that you understand our privacy practices. Questions regarding privacy issues should be directed to WHFoods.org in care of William Meyer, Dwyer Schraff Meyer Grant & Green at 1800 Pioneer Plaza, 900 Fort Street Mall, Honolulu, Hawaii 96813.

Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us or to anyone else. We won't knowingly allow anyone under 13 to register with any of our sites or to provide any other personally identifying information.

The information gathered by WHFoods.org falls into two categories: (1) information voluntarily supplied by visitors to our websites when they register or initiate transactions, and (2) tracking information gathered as visitors navigate through our sites. Third party providers featured on or linked to by our websites, such as vendors of products and services offered through our sites, may be gathering the same kinds of information.

To make use of certain features on our websites (such as chat rooms and other interactive forums) visitors need to register and to provide certain information as part of the registration process. We may also ask for information from those who want more personalized recipes, buy products or services or conduct other transactions on our websites. (We may ask, for example, for your name, email address, gender, age, zip code or credit card number or any diseases you suffer.) The information you supply will help us to offer you more personalized features, to tailor our sites to your interests and make them more useful to you, and to process e-commerce transactions.

The more you tell us about yourself, the more value we can offer you. Supplying such information is entirely voluntary. But if you don't supply the information we need, we may be unable to provide you with services we make available to other visitors to our sites. For example, we can't offer you a personalized diet if you don't tell us about your demographics (age, gender, ethnic background, and disease problems). And we can't send you email alerting you to a new service we're offering, or breaking news that may interest you if you don't tell us what you're interested in and give us your email address.

Of course, even if you want to remain completely anonymous, you're still free to take advantage of the wealth of content available on our sites without registration.

To help make our sites more responsive to the needs of our visitors, we invoke a standard feature of browser software, called a "cookie," to assign each visitor a unique, random number, a sort of user ID, if you will, that resides on your computer. The cookie doesn't actually identify the visitor, just the computer that a visitor uses to access our site. Unless you voluntarily identify yourself (through registration, for example), we won't know who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie can't read unrelated data off your hard drive.

We use cookies to help us tailor our site to your needs, to deliver a better, more personalized service. It is a cookie, for example, that allows us to deliver your personalized recipes, even if you've been away for a while. In addition, we may use cookies to track the pages on our sites visited by our users. We can build a better site if we know which pages our users are visiting and how often. Of course, you can set your browser not to accept cookies, but if you do, you may not be able to take advantage of the personalized features enjoyed by other visitors to our sites.

Our web servers automatically collect limited information about your computer's connection to the Internet, including your IP address, when you visit our sites. (Your IP address is a number that lets computers attached to the Internet know where to send you data -- such as the web pages you view.) Your IP address does not identify you personally to us. We use this information to deliver our web pages to you upon request, to tailor our sites to the interests of our users, and to measure traffic within our sites.

To make our sites more valuable to our visitors, we may offer some features in conjunction with other providers. We share with these third parties such information as is necessary to provide the products or services, but we do not sell or provide email addresses to any third parties that market unrelated products or services. And, of course, our sites include links to other websites, and provide access to products and services offered by third parties, whose privacy policies we don't control. When you access another website or purchase products or services or conduct other transactions through our websites, use of any information you provide is governed by the privacy policy of the operator of the site you're visiting or the provider of such products or services. And when you provide information in the course of obtaining products or services through one of our sites, use of any information you provide may be governed by the privacy policy of the provider of those products or services, even if it appears that you're on our website. The provider's privacy policy may differ from ours. If you can't find the privacy policy of any of our provider partners via a link either from the site's homepage or from the pages on which the products or services are offered, you should contact the provider directly for more information. All information gathered on any WHF website is encrypted for storage within a WHF-controlled database. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you don't want people to know your email address, for example, don't include it in any message you post publicly.

The mailing list for our newsletter is managed by AWeber Communications, which has its own email privacy policy located at http://www.aweber.com/permission.htm. When you subscribe to our newsletter, the email address you provide for that purpose will only be used according to this policy. Please review these terms before subscribing to our newsletter.

We reserve the right to release information about our visitors when release is appropriate to comply with law, to enforce our Terms and Conditions of Use, or to protect the rights, property or safety of visitors to our sites, the public, or WHFoods.org.

A final note: The Web is an evolving medium. If we need to change our privacy policy at some point in the future, we'll post the changes before they take effect. By visiting any of our sites, you agree that your visit, and any dispute over our privacy practices, is governed by this Privacy Policy and our Terms and Conditions of Use.

Terms and Conditions of Use

Welcome to WHFoods.org (WHF). WHFoods.org is service of the George Mateljan Foundation. Please read this Terms and Conditions of Use; by using this service, you acknowledge that you have read the terms and conditions of use and that you accept the terms of this agreement. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING This WHF WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this WHF Web Site and should use your browser's "back" button to exit the WHF Web Site.

The Web is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use the service after we post any such changes, you accept this agreement, as modified.

WHFoods.org respects the privacy of our users. Please take a few minutes to review our Privacy Policy.

We invite you to send in your questions or comments about WHFoods.org, or to bring to our attention any material you believe to be inaccurate.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via one of our Web sites, please notify us by sending a notice by U.S. Mail to WHFoods.org in care of Robert Carson Godbey at 1003 Bishop Street, Suite 2300 Pauahi Tower, Honolulu, Hawaii 96813.

The material that appears on WHFoods.org is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on our site, you should confirm any facts that are important to your decision. WHFoods.org is not responsible for, and cannot guarantee the performance of, any products provided by the sites we may link. A link to another Web site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by WHFoods.org or its licensors.

We may change, suspend or discontinue any aspect of the WHF Web Site at any time, including the availability of any WHP Web Site feature, database, or Content. WHF may also impose limits on certain features and services or restrict your access to parts or all of the WHF Web Site without notice or liability. We reserve the right to make changes, corrections, and improvements to the WHF Web Site, and to the products and programs described in the Site, at any time without notice.

You represent, warrant and covenant that; (a) you shall not upload, post or transmit to or distribute or otherwise publish through the WHF Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the WHF Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

The WHF Web Site may contain inaccuracies or typographical errors or omissions. We regret any such errors, but will not be bound by any such errors. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the WHF Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the WHF Web Site.

The staff of WHFoods.org does its best to ensure that information we post to this site is both timely and accurate. But the health information changes over time and research that was accurate when posted may be superceded by more recent research. Though we may post follow-up research, and may continue to provide access to the original report, as in an archive of Healthy Foods News, for example, we don't go back and change the original report to reflect new developments. If you're looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you're not looking at an out of date report.

To obtain access to certain services on our site, you may be given an opportunity to register with WHFoods.org. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. WHFoods.org reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify WHFoods.org of any known or suspected unauthorized use of your account. As part of the registration process, you agree to our Terms of Use and Privacy Policy. Please review them both carefully.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the WHF Web Site, you hereby grant to WHF and the George Mateljan Foundation a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in an media now known or hereafter developed. You hereby waive all rights to any claim against WHF or the George Mateljan Foundation for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You also agree to indemnify and hold WHF and the George Mateljan Foundation harmless against any claims or costs, including attorneys fees, arising from the use or distribution of those materials. You further grant WHF and the George Mateljan Foundation the right to use your name in connection with the reproduction or distribution of such material.

We do not accept unsolicited materials or ideas for use or publication in WHF's magazines, books, the WHF Web Site, or other digital and electronic media (except in connection with forums, chat rooms, and bulletin boards on the WHF Web Site). WHF and the George Mateljan Foundation shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the WHF Web Site.

You acknowledge that transmissions to and from this WHF Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to WHF, no confidential, fiduciary, contractually implied or other relationship is created between you and WHF other than pursuant to this Agreement.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF HAWAII.

Although we make WHFoods.org freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the service. The materials available through WHFoods.org are the property of the George Mateljan Foundation. or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through WHFoods.org. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on WHFoods.org in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on WHFoods.org and to tell them how to find it. Requests for permission to reproduce or distribute materials found on WHFoods.org should be sent to Dr. Joseph Pizzorno, President of Salugenecists, Inc. who developed the website for the George Mateljan Foundation. He can be contacted at drpizzorno@salugenecists.com or PO Box 25801, Seattle, Washington 98165.

We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by WHFoods.org.

No Framing. Without the prior written permission of WHFoods.org, you may not frame any of the content of WHFoods.org, or incorporate into another Web site or other service any intellectual property of WHFoods.org or any of their licensors. Requests for permission to frame our content may be sent to the Senior Content Producer, either by e-mail, or at the address above.

Trademarks. We don't want anyone to be confused as to which materials and services are provided by WHFoods.org and which aren't. You may not use any trademark or service mark appearing on WHFoods.org without the prior written consent of the owner of the mark. "WHFoods.org" and the WHFoods.org logo are trademarks of the George Mateljan Foundation.

We respect the rights of all copyright holders and in this regard, WHF has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WHF's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital :Millennium Copyright Act, 17 U.S.C. Section 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For notice of claims of copyright infringement on or regarding this site, or for other claims involving alleged intellectual property infringement, or any other questions or requests please contact us at: gmf@mauigateway.com.

Some of the material on WHFoods.org is provided by the Associated Press or other news services. Associated Press text or other news services, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion of these materials may be stored in a computer except for personal and non-commercial use. The AP and other news services will not be held liable for any delays, inaccuracies, errors or omissions in these materials or in the transmission or delivery of all or any part of these materials or for any damages arising from any of the foregoing.

Disclaimer Of Warranties And Liability

We work hard to make WHFoods.org an interesting, enjoyable and beneficial place, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using WHFoods.org.

YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION PROVIDED THROUGH THE SERVICE AND THE UNIQUE NATURE OF EACH PERSON'S HEALTH NEEDS, YOU MAY EXPERIENCE OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE INFORMATION AND ADVICE PROVIDED. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR YOUR HEALTH THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH WHFoods.org.

THE CONTENTS OF THE WHFoods.org, SUCH AS TEXT, GRAPHICS, IMAGES, RECIPE RECOMMENDATIONS, AND OTHER MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY HEALTH PROBLEM OR MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL HEALTHCARE ADVICE OR DELAY SEEKING HELP BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.

THIS SERVICE IS PROVIDED TO YOU *AS IS,* *WITH ALL FAULTS,* AND *AS AVAILABLE.* WHFoods.org AND THE GEORGE MATELJAN FOUNDATION, THEIR AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, OR APPROPRIATENESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE. NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL WHFOODS.ORG OR THE GEORGE MATELJAN FOUNDATION, THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF WHFOODS.ORG, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF WHFOODS.ORG, AND THE GEORGE MATELJAN FOUNDATION, THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF WHFOODS.ORG AND THE GEORGE MATELJAN FOUNDATION, THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE.

These Terms and Conditions of Use, together with the Privacy Policy and Policy for Chat Rooms and Forums, constitute the entire agreement between WHF, the George Mateljan Foundation, and you with respect to your use of the WHF Web Site. Any cause of action you may have with respect to your use of the WHF Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement and the remainder of this Agreement shall continue in full force and effect. WHF and the George Mateljan Foundation disclaim any and all responsibility for content contained in any third party materials provided through links from the WHF Internet site.

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