U.S. Pork Center of Excellence Website Terms and Conditions

Last Updated: November 1, 2022

This document explains our position and specific conditions regarding your use of our Internet Website (this “Website”). By using this Website, you agree to be bound by our Terms and Conditions in addition to other terms and conditions or policies that may appear throughout this Website.

References to “USPCE,” “we,” “us,” or “our” in this document mean U.S. Pork Center of Excellence and its affiliates, subsidiaries, divisions, and related companies and organizations.

If you are unwilling to accept these Terms and Conditions, we ask that you do not use this Website. When you use this Website, you agree to be bound by the then current Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, your sole remedy is not to use this Website. Each time you use this Website, you should visit and review the Terms and Conditions. We reserve the right to occasionally update the Terms and Conditions. At such time, we will also revise the “last updated” date at the end of the Terms and Conditions. For material changes to this Terms and Conditions, we will notify you by placing a prominent notice on this Website.

Introduction to This Website

This Website primarily offers educational resources for U.S. pork producers to facilitate research and learning.

Other Terms

Some areas of this Website may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of this Website and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between any of these Terms and Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of this Website.

Use of This Website

You agree that you will not access or use this Website in any manner that could damage, disable, impair, or cause undue burden on this Website and/or its host, servers, network, systems, or other users. You agree that you will not attempt to interfere in any way with the operation of this Website, that you will not transmit any virus or worm to this Website, that you will not use any spider, robot, data mining tool, or other automatic device, or any other manual process or means, to access this Website and/or its servers or systems to extract, download, monitor, gather, transmit, or copy any of the data or material on this Website (including, without limitation, account information, product listings, images, descriptions, or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing, or otherwise sending unsolicited email to other users of this Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan, or test the vulnerability of any system or network related in any way to this Website without authorization. We reserve the right to restrict, suspend, or terminate without notice your access to this Website or any feature of this Website or any feature or part thereof at any time.

Software

You acknowledge that these Terms and Conditions govern your use of any Software provided by USPCE and/or made available through this Website, whether or not there are license agreements and/or end user agreements. Unless otherwise agreed in writing, you acknowledge that (1) your use of the Software shall be only for personal and/or noncommercial purposes; (2) you shall not attempt to alter or modify the Software; (3) you shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the Software; (4) you shall not attempt to circumvent or disable the Software or its intended purpose; and (5) you shall not copy, sublicense, assign, transfer, distribute, transmit, or otherwise use the Software without the prior written consent of USPCE.

Services

We may change or eliminate Services offered on or through this Website at any time without notice. We make no representation that any Services are available for use in your location, and a reference to Services on this Website does not imply that the Services will be available to you and/or in your location.

Copyright and Permissions

Please feel free to browse this Website. In general, and unless otherwise posted, you may review and print copies of material from this Website, provided that the material (1) is used only for non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on this Website.

You are not permitted to make or distribute copies of material on this Website for any commercial purpose without prior written permission from us. None of the material contained on this Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold, or redistributed without the prior written permission of USPCE. Except as otherwise noted, all content of this Website is:

USPCE has a policy of terminating services to users who willfully and/or repeatedly infringe. For further information regarding permission to use material from this Website, please contact us at info@usporkcenter.org.

Trademarks

Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on this Website identify the services and products of USPCE and related organizations, and inform the public as to the source of those services and products. Your misuse of any Marks is strictly prohibited, including without limitation, your use of Marks in any of the following ways:

In a manner likely to cause confusion;
To identify your products or services;
In, as, or part of your own trademarks or service marks;
In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
In a manner that disparages or dilutes the Marks.

You agree not to display or otherwise inappropriately use the Marks without prior written permission from us. Please make such requests by email to info@usporkcenter.org. We will evaluate your request and respond as soon as possible.

Your Personal Information and Privacy

Our Privacy Policy is incorporated into these Terms. For information on how USPCE collects, uses, and shares any personal information, please see our Privacy Policy.

Additional Disclaimers and Limitation of Liabilities and Warranties

This Website may contain technical inaccuracies, typographical errors, and out-of-date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and we make no warranty that this Website will meet your requirements. We reserve the right to make changes to this Website at any time.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THIS WEBSITE, INCLUDING THE SOFTWARE AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE, IS AT YOUR OWN RISK. EXCEPT WHERE PROHIBITED BY LAW, USPCE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SOFTWARE, SERVICES AND/OR WEBSITE. USPCE MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SOFTWARE, MATERIALS, AND/OR SERVICES AVAILABLE FROM THIS WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” USPCE MAKES NO WARRANTY OF NONINFRINGEMENT. USPCE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THIS WEBSITE.

Indemnification

You shall indemnify and hold harmless USPCE, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of this Website, including any Software and/or Services offered through this Website, information that you submit through this Website, and/or your breach of any of the provisions of the Terms and Conditions and/or the Privacy Policy.

Intellectual Property Limitation of Liability

USPCE respects the intellectual property of others, and we ask visitors to our Website to do the same. If you believe your intellectual property, including trademarks, service marks, patents, or copyrights, has been used in a way that constitutes infringement, or if you believe your image has been used without your consent, please notify the designated agent of USPCE.

The designated agent of USPCE for notification of claims of intellectual property infringement on this Website can be reached as follows:

Address:

Designated Agent for Intellectual Property

U.S. Pork Center of Excellence
1776 NW 114th Street
Des Moines, IA 50325

E-mail: info@usporkcenter.org

Dispute Resolution

Any action based on a breach of any provision of these Terms and Conditions shall be brought to the federal or local courts presiding in Iowa, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to USPCE its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

Applicable Laws and Jurisdictional Issues

This Website shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of Iowa applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using this Website, you consent to the jurisdiction of the courts presiding in Iowa and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

Compliance with Laws

You agree that you will not use this Website or the Software or Services provided on or through this Website for any purpose that is prohibited by these Terms and Conditions or that is unlawful. Further, you agree not to access, download, use, or export this Website or Software or Services provided on or through this Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules, or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available this Website or Software or Services provided on or through this Website in violation of any such restrictions, laws, rules, or regulations, or without all necessary approvals.

Miscellaneous

Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation of USPCE is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of USPCE, then USPCE shall not be responsible to you for any failure or delay in the performance of its obligations. USPCE shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, USPCE from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

Any failure by USPCE to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

No changes to these Terms and Conditions shall be made except by a revised posting on this page, and no advice or other information provided by this Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms and Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of USPCE.

These Terms and Conditions constitute the entire understanding between USPCE and you with respect to this Website.

BY USING THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL.