Your use of crachecksample.org and any other websites on which these Terms and Conditions reside (collectively also referred to herein as the “Site”), and the features at this Site, are subject to these Terms and Conditions, which we may update from time to time. Please read these Terms and Conditions carefully before using this Site. The Site is owned or controlled by the Corn Refiners Association. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to the Corn Refiners Association, you agree to and are bound by the Terms and Conditions contained on this page, including, but not limited to binding arbitration, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Delaware law.
Purpose
This Site is designed primarily as an educational resource for the convenience of users. This Site contains information about research and other information pertaining to the corn refining industry. The information, data and materials on this Site are provided as a service to our members and for informational purposes only. Neither this Site nor the contributors to this Site are intended to provide medical, nutritional or any other type of advice on personal health matters or to guide treatment. The information, data and materials on this Site are not legal, regulatory or other professional advice and are not guaranteed to be complete, correct or up-to-date. This Site and the information and data contained on it should not be used as a substitute for the counsel and services that you may need from an attorney or other professional advisor. In addition, this Site is not operated for commercial purposes and the information provided on this site is not intended to promote, recommend or endorse any commercial product. The Site is intended for use by professionals in the areas of policy, corn refining, science, and nutrition, and members of the media. Use of the Site, information and data is at your own risk; the Corn Refiners Association is not responsible for the consequences of your use or reliance upon this Site or any information, data or materials found on this Site.
When using crachecksample.org, you agree that you are subject to any additional posted guidelines or rules on the Site, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions. You warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions and that you will comply with applicable laws in connection with your access to and use of the Site.
Refund Policy
We want to make sure you are satisfied with your order. All returns must be made within 60 days of receiving your order. Please contact us at ccsp@corn.org with any questions.
Accounts, Passwords, and Security
Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.
If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Corn Refiners Association immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. The Corn Refiners Association is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
Use of Credit Card
If you wish to purchase any subscription, or other product or service made available through the Site, you will be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Disclaimer of Warranties
The Site is provided on an “as is, as available” basis without warranties of any kind, either express or implied, including without limitation warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. The Corn Refiners Association does not warrant that any information is complete or accurate, nor that your use of the Site will be uninterrupted or error free.
Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE CORN REFINERS ASSOCIATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL THE CORN REFINERS ASSOCIATION BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE CORN REFINERS ASSOCIATION’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL THE CORN REFINERS ASSOCIATION OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF THE CORN REFINERS ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF THE CORN REFINERS ASSOCIATION’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Binding Arbitration
You and the Corn Refiners Association agree that any controversy or claim arising out of or relating to the Site, use of the Site, these Terms and Conditions, and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with these Terms and Conditions if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Privacy Policy law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against the Corn Refiners Association, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If the Corn Refiners Association initiates arbitration against you, the Corn Refiners Association will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor the Corn Refiners Association shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Indemnification
You agree to defend, indemnify, and hold harmless the Corn Refiners Association from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of crachecksample.org. The Corn Refiners Association reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Disclaimer of Endorsement
Reference herein to any trademark, proprietary product or company name is intended for explicit description only and does not constitute or imply endorsement or recommendation by the Corn Refiners Association, or anyone else. Statements expressed herein do not necessarily state or reflect those of the Corn Refiners Association. The Corn Refiners Association does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any user content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by the Corn Refiners Association without the prior review and written approval of the Corn Refiners Association.
Proprietary Rights
All text, images, logos and information contained on crachecksample.org should be presumed to be the intellectual property of the Corn Refiners Association unless otherwise indicated and are protected under all applicable laws, including the U.S. Copyright Act, 17 U.S.C. section 101 et seq. All graphics, logos, designs, icons, headers, artwork, scripts and service names available or used through crachecksample.org should be presumed to be the registered trademarks, trademarks or trade dress of the Corn Refiners Association. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Corn Refiners Association. All rights are reserved.
Except as described below, you agree not to download, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any part of this Site. Permission is granted to view, store, print, reproduce and distribute any pages within this Site provided that (a) none of the pages is modified, (b) these Terms and Conditions are included with any distribution, and (c) such viewing, storage, printing, reproduction or distribution is solely for your personal and non-commercial use.
Referring Links
Links may be provided on this Site to material outside of the Corn Refiners Association’s control. The Corn Refiners Association includes such links for the convenience of the user, but does not control or take responsibility for the content of the linked material. Our provision of these links does not imply that the Corn Refiners Association sponsors, endorses, is affiliated or associated with or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol contained within the linked material. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and the Corn Refiners Association has no control over how your information is collected, used, or otherwise handled.
Changes to These Terms and Conditions
We reserve the right to change, modify, add or delete portions of these Terms and Conditions at any time without further notice. Your continued use of crachecksample.org after any such changes constitutes your acceptance of the new Terms and Conditions. Please check this page periodically for changes to these Terms and Conditions. The Corn Refiners Association may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that the Corn Refiners Association will have no liability to you if this Site is discontinued or your ability to access the Site or any content posted on the Site is terminated.
Miscellaneous
Both you and the Corn Refiners Association acknowledge and agree that no partnership is formed and neither you nor the Corn Refiners Association has the power or the authority to obligate or bind the other.
These Terms and Conditions will be governed by and construed in accordance with the internal laws of the State of Delaware, USA without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms and Conditions that are not subject to binding arbitration as set forth herein will be subject to the jurisdiction of the federal, state, and local courts located in Delaware. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms and Conditions, will be resolved individually, without resort to any form of class action. These Terms and Conditions operate to the fullest extent permissible by law.
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
The failure of the Corn Refiners Association to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Corn Refiners Association, shall not be deemed a breach of these Terms and Conditions. If the Corn Refiners Association fails to act with respect to your breach or anyone else’s breach on any occasion, the Corn Refiners Association is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute a binding agreement between you and the Corn Refiners Association, and is accepted by you upon your use of the Site or your account. These Terms and Conditions constitute the entire agreement between you and the Corn Refiners Association regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms and Conditions.