Terms updated Thursday, 11 Oct 2018
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After Action Exchange WEBSITE

TERMS OF SERVICE

DATE June 17, 2017

Introduction

The After Action Exchange (AAX) (the "Site") was developed and is maintained by the Food Protection and Defense Institute ("FPDI") at the University of Minnesota – Twin Cities campus. The Site was developed through a cooperative agreement between the Food and Drug Administration ("FDA") and the FPDI. The FPDI is a Department of Homeland Security Science and Technology Directorate Center of Excellence.

The Site serves as a reference repository of After Action Reports and data related to human and animal foods. Data displayed on the Site has been submitted by multiple federal, state and local government agencies. The Site does not contain data on every food contamination event or After Action Report in the world.

The content stored and displayed on the Site do not represent the opinions of the U. S. federal government, including the U.S. Department of Homeland Security or the FDA, or of Regents of the University of Minnesota and their respective faculty, employees, agents and contractors.

General Provisions

  1. By accessing the Site, you are agreeing to be bound by these Terms of Service. Regents of the University of Minnesota (the "University," "we" or "us") may, at any time, without notifying you, change the provisions of these Terms of Service, which may become effective immediately. By accessing the Site after any such change, you are agreeing to be bound by these Terms of Service, as changed.
  2. We may change the content or any other aspect of the services provided on the Site, at any time, without notifying you in advance.
  3. We have not reviewed the content displayed on the Site. We are not responsible for the accuracy, completeness or reliability of the content. We do not endorse or criticize the scientific or clinical merit of content displayed on the Site. We do not endorse or insure the accuracy of any products, processes, or services cited in the After Action Exchange.

Your Use of the Site

  1. Only an authorized user is permitted access to the Site. Each time you access the Site you will be prompted to provide your username and password. It is prohibited for you to share your password with anyone else.
  2. With the exception of content that you created and submitted to the Site, you shall not distribute or post on a website content downloaded from the Site.

Submission Policy

  1. By submitting an After Action Report or other content to the Site, you are agreeing to be bound by this policy. You are granting us a non-exclusive, royalty-free, irrevocable, world-wide, perpetual right and license to store, reproduce, distribute or display the content you submit within the Site. You are granting us the right to modify the content and to create a derivative work based on it but only in connection with modifying the content for storage or display in a different medium or format.
  2. You are solely responsible for the content you submit. We do not and cannot review the content. You are prohibited from submitting content that is defamatory or libelous, that violates another’s intellectual property rights or rights of privacy or publicly or that is abusive, obscene or otherwise unacceptable. You are also prohibited from submitting content in which you do not have a legal right, as an author or otherwise, to submit to the Site.
  3. We reserve the right to remove, with or without prior notice to you, content that you submit that in our opinion violates these Terms of Service.

Data Security and Privacy

  1. When you use the Site, we gather and store information you submitted to the Site describing your name, e-mail address, user name and password.
  2. Your use of the Site is subject to the University’s Acceptable Use and Information Security Policy, posted at https://policy.umn.edu/it, and its Information Security policy, posted at https://policy.umn.edu/it/securedata (collectively, the "University Security Policies").
  3. Your use of the Site is subject to the University’s Online Privacy Statement, posted at http://www.privacy.umn.edu/.
  4. The University may amend, modify or terminate a University Security Policy or the Online Privacy Statement at any time and without prior notice to you.

Intellectual Property

  1. You do not have any right, title, interest or license in the Site, the content stored or displayed on to the Site (with the exception of content that you created and submitted to the Site) or the software and related documentation for the Site.
  2. By submitting content to the Site, you are not assigning to us ownership of the intellectual property rights in the content.

Promotion

  1. You shall not use and you shall not have any right or license, express or implied, to use the University’s name or logos or any mark associated with the University, or to use any University employee’s name, title or likeness in any publicity, advertising, or news release. Any such use is strictly prohibited.
  2. You shall not use and you shall not have any right or license, express or implied, to use content on the Site to promote or advertise a product or service. You shall not state or imply that the University or any of its faculty, employees, students, agents or contractors has endorsed any product or service.

Representations and Warranties

  1. We make no representations or warranties about the Site or the content or services offered on it. We do not promise that the Site will be accessible at any particular time. During planned maintenance, you may not be able to access the Site. We may notify you in advance of planned maintenance of the Site but we may restrict your access to the Site without prior notice to maintain or otherwise service the Site. You access the Site and use the services offered here at your sole risk.
  2. We are not responsible for any errors, omissions, or deficiencies regarding the Site or the content or services offered on it.
  3. NO REPRESENTATION OR WARRANTY HAS BEEN MADE TO YOU THAT YOUR USE OF CONTENT FROM THE SITE WILL NOT VIOLATE THE INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS, STATUTORY OR OTHERWISE, OF ANY PERSON.
  4. WE OFFER AND YOU ACCEPT THE SERVICES OFFERED ON THE SITE "AS IS," "WHEN AVAILABLE" AND "WITHOUT WARRANTY".
  5. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO THE SITE AND THE SERVICES OFFERED ON IT. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
  6. IN ANY ACTION OR SUIT BROUGHT AGAINST US ARISING OUT OF YOUR ACCESSING THE SITE AND USING THE SERVICES OFFERED HERE, YOU ARE PROHIBITED FROM RECOVERING LOST PROFITS, LOST BUSINESS OR RESEARCH OPPORTUNITY, WORK STOPPAGE, LOST DATA OR ANY OTHER RELIANCE OR EXPECTANCY, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OF ANY KIND.

General Terms

  1. The laws of the state of Minnesota shall govern the interpretation and enforcement of these Terms of Service.  All causes of action arising out of these Terms of Service shall be brought and maintained in the courts of the state of Minnesota.
  2. These Terms of Service are intended as the final and binding expression of our contract and agreement with you and as the complete and exclusive statement of the terms thereof. These Terms of Service cancel, supersede and revoke all prior negotiations, representations and agreements among the parties, whether oral or written, relating to the subject matter of these Terms of Service.
  3. You may not assign any of your rights under these Terms of Service, including the limited right to access the Site.
  4. We may suspend or terminate your account and access to all or any part of the Site at any time if you violate these Terms of Service or any other agreement between us and you.