Terms and Conditions

These Terms and Conditions (“Terms”) apply to the website located at humangrade.org (the “Site”) operated by HumanGrade.org (“HG”).  By using the Site, you agree to all terms, conditions, and notices contained or referenced herein (as may be updated or revised from time to time in HG’s sole discretion) and HG’s Privacy Policy (as may be updated or revised from time to time in HG’s sole discretion).  If you do not agree to the Terms or Privacy Policy, please do not use the Site. 

HG reserves the right, in its discretion, to update or revise the Terms at any time without notice to you.  It is your responsibility to check periodically for changes.  Your continued use of the Site following the posting of any changes to the Terms constitutes acceptance of those changes.

General

You may not use the Site for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of HG or others.  Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

Third Party Sites

The Site may link you to websites or mobile applications not controlled by HG (“Third Party Sites”).  You agree that HG is not responsible for the accuracy, copyright compliance, legality, decency, privacy policy, terms, or any other aspect(s) of any Third Party Sites.  The inclusion of such a link does not imply endorsement of the Third Party Site by HG or any association between HG and the operators of such Third Party Site.

Proprietary Rights

Except for content provided by third parties and User-Generated Content (as defined below), which, in each case, is owned by the licensors of such content (collectively, “Third Party Content”), HG is the owner of all text, graphics, user interfaces, visual interfaces, photographs, taglines, video media, artwork, sound, and any other materials, in whatever format, (collectively, “HG Content” and together with Third Party Content, the “Content”), and the structure, selection, coordination, expression, “look and feel” and the arrangement thereof, and all intellectual property rights, including, without limitation, all copyrights and trademarks therein or otherwise associated with the Site, with all rights reserved.   You acknowledge and agree that all Content available on or through the Site, and all trademarks, logos, taglines,  as well as the structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws.

 Except as authorized in writing by HG, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from any Content acquired from or through the Site.  Use of the Content for any purpose not expressly permitted in the Terms is prohibited.  You acknowledge and agree that the unauthorized use of the Content or of any intellectual property right could cause irreparable harm to HG or its licensors and that in the event of such unauthorized use, HG or its licensors shall be entitled to injunctive relief in addition to any other remedies available at law or in equity.

HG cautions you that some documents, photos, and other content may have been published on the Site with the permission of the relevant copyright owners (who are not controlled by HG).  All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.

You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Site (including any code used in any software) or Content, whether or not for profit.

User-Generated Content

“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by HG. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will HG be liable for any inaccuracy or defect in any User Content.

You hereby grant, and you represent and warrant that you have the right to grant, to HG an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Site are solely between you and such user. You agree that HG will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Site, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and HG has no obligation to monitor or delete any such User Content. HG may remove or modify any User Content without notice or liability at any time in HG’s sole discretion.

You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other user generated submission, and may use your name and any stories you provide us in articles or other features published on the Site or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. HG can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Site or our publications, advertising or sponsored content.

It is a condition of these Terms that you do not:

  • upload, post, transmit or otherwise make available
    • any User Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
    • any User Content that constitutes or promotes any illegal activity, including, without limitation, any User  Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
    • any User Content that is false, misleading, or fraudulent;
    • any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • any User Content that violates or infringes upon the rights of others, including User Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
    • any User Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
    • any request for or solicitation of any personal or private information from any individual;
    • any request for or solicitation of money, goods, or services for private gain;
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    • any User Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • violate any local, state, national or international law, rule or regulation.

By posting User Content or submitting such User Content to HG, you represent and warrant that (i) you own or otherwise control all of the rights to the User Content and have the right to grant the license set forth in these Terms; (ii) the User Content is accurate and not misleading, (iii) the User Content complies with the Terms; and (iv) you are at least eighteen years old and you have read and understood and your User Content fully complies with these Terms and applicable laws and will not cause injury to any person or entity.

Feedback

From time to time, the Site may provide you an opportunity to communicate with HG to provide User Content or other information that specifically concerns how HG can improve the Site and/or the products and services made available through the Site or advertised on the Site (collectively, “Feedback”).  Please be aware that any Feedback communicated to HG through the Site or otherwise, whether such Feedback consists of suggestions, ideas, graphics, or other material, will be treated as non-confidential and non-proprietary.  Any Feedback you submit, transmit, or post becomes the exclusive property of HG.  Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without crediting or compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Disclaimers

HG and the Site are not associated with any governmental agency. The Human Grade Seal does not represent, warrant or certify that any product meets any legal or industry standard. The Human Grade Seal is awarded based on affidavits and representations from the manufacturer of the product and HG shall have no liability to you whatsoever for any misrepresentations or inaccuracies from any manufacturer that has qualified for any Human Grade Seal. You agree that HG shall have no liability to you whatsoever for your use and/or reliance upon any Human Grade Seal and any product that displays any Human Grade Seal. The Human Grade Seal does not mean that any product is fit for human consumption. Pet food contains ingredients and a nutritional profile meant for specific animals. HG does not recommend that any person consume any type of pet food, including those branded as human grade. Each animal has its own particular nutritional and health needs, the Human Grade Seal does not indicate that any pet food is safe or nutritious for your particular animal. Please consult with your veterinarian about the appropriate diet for your particular pet.

Registered User Account, Password, and Security

In order to access the Site or some features of the Site, you may need to create a user account with an e-mail address and/or other business or personal information.  When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of any user ID and password, and you are fully responsible for all activities that occur under your account. HG disclaims any and all liability or responsibility for such use.

Your submission of any personal information through the Site is governed by our Privacy Policy which is and incorporated herein by reference.

Disclaimer of Warranties and Liability

You should not rely on the Site being complete, reliable, and up to date. You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content.  In exchange for using such data, information, or content, you agree not to hold HG or any of its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site.

All content and services included in or available through the Site, including without limitation any User Content, are provided “as is” and “as available” for your use and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. HG does not warrant that the content is accurate, reliable or correct; that the Site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of the Site is solely at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, such exclusions may not apply to you.

To the extent permitted by law, HG shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages related in any way to the Site, any Content, or any products and/or services available throughout the Site, or that result from the use of, or inability to use, the Site, or that result from your use or reliance upon any Human Grade Seal. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if HG has been advised of the possibility of such damage. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, and in such circumstances HG shall have the least amount of liability permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless HG, its affiliates, subsidiaries and their respective employees, contractors, agents, representatives, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, and expenses, including attorneys’ fees, that arise from your breach of these Terms, from any use or misuse of the Site or of any Content or any products/services offered on the Site.  Each Indemnitee reserves the right, at its 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 such Indemnitee in asserting any available defenses and will reimburse Indemnitee as costs and expenses are incurred and for any damages assessed or settlements incurred.

Procedure for making Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to HG:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;
  • identification of the content that you claim 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 HG to locate the content;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.

Please email such notice to [email protected].

Choice of Law and Forum

The Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules (“Governing Law”).  You expressly agree to the procedures and terms of Dispute Resolution set forth below.  If the Dispute Resolution procedure is ruled not applicable to a specific dispute or claim, you expressly agree that the exclusive jurisdiction for any such dispute or claim arising out of or relating to the Terms or the Site shall be the state or federal courts located in Travis County in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, these Terms and other terms, conditions or policies of HG referenced herein (as in effect from time to time) constitute the entire agreement between you and HG with respect to the Site and supersede all prior or contemporaneous communications, agreements and proposals (whether oral, written, or electronic) between you and HG with respect to the Site.  If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of HG, and the remaining portions shall remain in full force and effect.

Termination

HG reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site, with or without notice.  You agree that HG shall not be liable to you or any third party for any termination of your access to the Site or for removal of information from the Site.

Dispute Resolution

Arbitration. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) relating in any way to the Site, or any HG terms, conditions or policies relating to the Site (“Dispute”) that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of these arbitration provisions (“Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and HG, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.  All in-person arbitration proceedings shall take place in Travis County, Texas unless the parties mutually agree otherwise.

Notice and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Dispute, and the requested relief. A Notice to HG should be sent to: [email protected].

If the Dispute is not resolved within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules: Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Arbitration Agreement. The JAMS Streamlined Arbitration Rules governing the arbitration are available online at http://www.jamsadr.com. The arbitration shall be conducted by a single, neutral arbitrator. Any Dispute where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Non-Appearance: If HG elects non-appearance based arbitration, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits: The arbitration action must be initiated and/or demanded within one year of the date on which the event giving rise to the Dispute arose and within any deadline imposed under the JAMS Rules for the pertinent claim.  Any Dispute that does not meet these deadlines is waived.

Authority of Arbitrator: The arbitrator will decide the rights and liabilities, if any, of you and HG, and the Dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under the Governing Law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and HG.

Waiver of Class or Consolidated Actions: All disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one person, entity or user cannot be arbitrated or litigated jointly or consolidated with those of any other person, entity or user.

Confidentiality: All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Right to Waive: HG shall have the ability to waive any portion of this Arbitration Agreement.

Survival of Agreement: This Arbitration Agreement will survive any termination of these Terms.

Emergency Equitable Relief: Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.