Terms and Conditions

Introduction

Welcome to the website of Julia Shanks Food Consulting (JSFC).  The information on this page governs your use of our website.  Please read it carefully.  Your use of the website represents your acknowledgement that you understand the Terms of Use set forth below as well as your agreement to comply with these Terms.  If you are unable to accept and abide by these terms, please do not use this site or its information.  Also, please note that we may change these Terms of Use from time to time without otherwise providing notice.  Your continued use of this website after any such change will constitute your acceptance of the change.

Copyright

JSFC claims a copyright to the material on this website. You may use this material only for personal informational purposes.

You may view, download and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

If you wish to use the material for any other purposes, you must have the written consent of JSFC to do so. All rights reserved. Copyright 2013.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without JSFC’s express written consent.

You must not use this website for any purposes related to marketing without JSFC’s express written consent.

Transmission of Information

All materials on this website are provided by JSFC on a blind basis to website visitors, for general informational purposes only, and they do not contain business or financial advice or any other form of advice regarding any specific industry, individual, entity, facts or circumstances.  The application and impact of relevant content will vary by locale and individual circumstances.  If you email or otherwise provide information, materials or documents prior to hiring us, we may not be able to treat that information as privileged, confidential or protected information.  In addition, we can represent a party adverse to you even if the information you submit to us could be used against you in that matter.

From time to time, JSFC may offer to provide information or materials via email or otherwise to interested persons.  We reserve the right, in our absolute and sole discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.  When you provide your e-mail address to JSFC, we may periodically send you relevant alerts and newsletters by e-mail. To help us make e-mails more useful and interesting, we may receive a confirmation when you open an e-mail from us or click on a link included in one of these emails, if your computer supports such capabilities.  Instructions on how to unsubscribe are included in each e-mail.

Restricted access

JSFC reserves the right to restrict access to any areas of this website, or indeed this entire website, at JSFC’s discretion.

If JSFC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

JSFC may disable your user ID and password in JSFC’s sole discretion without notice or explanation.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  JSFC makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, JSFC does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional. If you would like JSFC to provide consulting services, then you should proceed to the “We Can Help” section of our website and follow the procedures there to initiate engagement.

Limitations on Use

The owners of any email addresses published on this website do not wish to receive, and you are prohibited from sending them, unsolicited commercial email messages for services or products to any email addresses provided on this site.  While using this website you will comply with all applicable laws, rules, and regulations.  In addition, JSFC expects users to respect the rights and dignity of others.  Your use of this website is conditioned on your compliance with the rules of conduct set forth in this section.  Your failure to comply with such rules may result in termination of your access to the website.  You agree that you will not:

  • Attempt to interfere with the proper functioning of this site.
  • Forge any email addresses relating to this website.
  • Use the website for any fraudulent or unlawful purpose.
  • Use the website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the website.
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the website.
  • Interfere with or disrupt the operation of the website or the servers or networks used to make the website available, or violate any requirements, procedures, policies or regulations of such networks.
  • Transmit or otherwise make available in connection with the website any virus, worm, spyware, malware or other computer code, file, or program that is harmful or invasive or that may be or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Restrict or inhibit any other person from using the website by hacking or defacing any portion of the website.
  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the website.
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the website.
  • Remove any copyright, trademark, or other proprietary rights notice from the website or materials originating from the website.
  • Frame or mirror any part of the website without our express prior written consent.
  • Create a database by systematically downloading and storing website content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather website content or reproduce or circumvent the navigational structure or presentation of the website without our express prior written consent.  Notwithstanding the foregoing, JSFC grants the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving this website whether or not specified here. If you have any questions about your obligations set out here, you should contact JSFC to clarify your questions.

Limitations of liability

Although JSFC makes reasonable efforts to keep material on this website current, we also know that laws, regulations, and other information change quickly and may not be fully reflected on this website without delay.  Therefore, you should not act upon any information on this website without first seeking professional counsel.  JSFC makes no warranties, representations or claims of any kind with respect to any of the information on this website, including without limitation the accuracy, completeness and suitability for any purpose of this information.  The content of this website may be considered advertising for consulting services under the laws and rules of some jurisdictions.  Under no circumstance shall JSFC be liable to you or anyone else as a result of damages from your access or use of material on this website.

These limitations of liability apply even if JSFC has been expressly advised of the potential loss.

Links

Some links within our website may lead you to other websites. JSFC does not have control over those websites and is not responsible for their content or your reliance on the information contained there.  Our links to third-party websites do not create an endorsement or approval of any content on those websites.  Once you go to a third-party website, you do so at your own risk.  You are subject to the terms, conditions of use, cookie and privacy policies of the third-party site.

Indemnity

You hereby indemnify JSFC and undertake to keep JSFC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by JSFC to a third party in settlement of a claim or dispute on the advice of JSFC’s legal advisers) incurred or suffered by JSFC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to JSFC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, JSFC may take such action as JSFC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment

JSFC may transfer, sub-contract or otherwise deal with JSFC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Enforcement

These Terms of Use are governed and interpreted pursuant to the laws of the Massachusetts, notwithstanding any principles of conflicts of law.  All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration conducted in Boston, Massachusetts, under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such amount as may be determined by the arbitrator).  All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.  Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, JSFC shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. JSFC may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

In the event you believe that this website does not comply with the rules of the state where you reside, you should seek information about the services provided by JSFC directly from us.  Julia Shanks is responsible for the contents of this website.  The principal office of JSFC is located in Cambridge, MA 02446. You can contact JSFC by email info@juliashanks.com or phone 617-945-8718.

Entire agreement

These terms and conditions constitute the entire agreement between you and JSFC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

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