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to the home pageThe Arbor Clinical Nutrition Updates are an electronic publication describing and commenting on current nutrition research and topics which is distributed by email either as text within the email, as an Acrobat or Word document attached to the email, or as a combination of these formats ("the Updates").
By using the Updates you agree to this point and all of the following points ("Terms of Use"), and acknowledge that you have read and understood this and each of the following points.
IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE UPDATES.
Use of the Updates means any use including but not limited to reading, printing copying or forwarding them to others, linking to them, referencing them or discussing their contents, and applies whether use is made of whole or part of any one or more issues of the Updates.
1. Authorship: The Updates are produced by Arbor Communications Pty Ltd ATF Aurora Trust ("Arbor") only and not by any other person or party, except that the content of the sponsor's section (see clause 9 below) is produced by the sponsor. Regarding translations of the Updates, refer also to clause 10 below.
Any employee, director, agent or contractor of Arbor and/or any person or party duly authorised by Arbor in writing to write, edit, layout or provide material for the Arbor content of the Updates is doing so only on behalf of Arbor and not on their own behalf and is not responsible or liable in any way for the Updates, their content, presentation, distribution or promotion, nor for the consequences (direct or indirect) of the use of the Updates.
The members of Editorial Advisory Board for the Updates are not responsible or liable in any way for the content of the Updates, nor for their presentation, distribution or promotion, nor for the consequences (direct or indirect) of the use of the Updates.
Sponsors and advertisers in and of the Updates are not responsible nor are they liable in any way for the content of the Updates, other than the sponsor's section.
2. Purpose: The purpose of the Updates is to provide a brief description of scientific research relevant to nutrition, along with comments, for the general interest of properly trained and legally qualified health professionals ("health professional(s)") only. They are not intended for use by any person or party.
3. No medical use: The contents and information in the Updates are not health, lifestyle or medical advice. If you are a health professional, you should use your own judgement when thinking or deciding about management, diagnosis or treatment of any disease or symptom or the effect, danger or benefits of eating any particular food or following any particular diet or lifestyle, consuming any food or any nutrition supplement or any product, whether for yourself or others, and you should not rely upon anything stated in the Updates.
4. Non health professionals. Arbor may in some cases allow some people who are not health professionals to use the Updates, but this does not in any way alter the purpose of the Updates or anything else in these Terms of Use. The language used in the Updates is often scientifically technical and not likely to be fully understood by those who are not health professionals. If you are not a health professional, please be aware that the information contained within the Updates should not be used in any way as medical, lifestyle or health advice. Anyone with a personal nutrition query, health or medical problem should consult a competent, licenced health professional.
5. No endorsement: The descriptions, analysis and comments in the Updates are not to be taken as recommendations, nor do they mean that Arbor, its directors, employees or associates endorses or agrees with the research, the persons and parties who have conducted with the research, or anything else referred to in the Updates. Unless it is expressly stated otherwise, the research, the journal or other publication in which the research may have been published and the parties who have conducted the research are not associated in any way with Arbor.
6. No representation by Arbor: Arbor makes no representation nor should any person using the Updates assume or imply that anything said within the Updates about any of the research, any person, journal, party, food, product, supplement or any web site or other content to which a reference or link may be provided, or anything else mentioned in the Updates is an accurate, fair, understandable or complete description or comment.
In presenting and/or commenting on research and other content and material, Arbor is expressly not making any assertion, comment or implication about the ability, skill, value, honesty, employability, reputation or any other quality of the persons, parties or institutions who conducted, published or are in any way associated with the research, content or other material.
Notwithstanding any descriptions or comments contained within the Updates, Arbor makes no representation about, nor takes any responsibility for the quality, safety, lawfulness, ownership, authorship, accuracy, completeness, fairness, accessibility, relevancy, understandability or currency of any material in any research, journal or other publication, web site or of any other content to which a reference or link may be provided or of any other thing mentioned in the Updates, or of any diet, lifestyle, food, product or supplement mentioned in the Updates. You should use professional judgement at all times.
Arbor makes no representation about the frequency in which the Updates will be distributed to you. Arbor reserves the right to remove you from its distribution list without any explanation, notification or prior warning being given and you agree that any such decision by Arbor will be final. Whilst Arbor takes care to check for computer viruses, it does not make any representation that emails, Acrobat or other documents or other material distributed by it will be free from computer viruses or worms, nor that it will be harmless to any computer or other system.
7. Indemnifying Arbor:
a. Neither Arbor nor its employees, directors, contractors
and suppliers nor any party involved in the legitimate distribution of the
Updates nor any member of the Editorial Advisory Board for the Updates is
responsible for the use of the Updates or the consequences (direct or indirect)
of the use of the Updates by those to whom it is distributed or by any other
party.
b. You agree to indemnify and hold not responsible Arbor and any other person or party connected with Arbor or the Updates for any consequence (direct or indirect) of your use of the Updates, or the use of the Updates by any other person or party as a consequence (direct or indirect) of your use of the Updates or your recommending, showing, forwarding or sending copies of the Updates to others.
8. Copyright and other
intellectual property rights:
All intellectual property rights in the Updates are the absolute property
of Arbor, other than: the original research itself to which the Updates may
refer, the content of any sponsor's section that may appear from time to time
and where expressly indicated otherwise (for example by the use of ""
quotation marks).
You are allowed to use the Updates for your personal use only, and not for any commercial purpose.
You may print out the Updates and save the Updates in printed or electronic form for your personal use only.
You may forward, show or send copies of the Update to friends and colleagues,
provided that:
a. there is no commercial purpose or benefit to you or
any other party except as expressly authorised by Arbor.
b. the copies of the Updates you send have exactly the
same content and format as the original you received from Arbor, without any
addition to the content, or omission of content including that of the sponsor's
section (whenever this section is present in the original), the disclaimer
and terms of use, subscribing instructions and the copyright notice.
c. You accept responsibility for any and all consequences,
direct or indirect, of so forwarding, showing or sending copies of the Updates.
Except with the express permission of Arbor, you may not reproduce the copyrighted content of the Updates in whole or in part on a web site, compact or DVD disc or in any newsletter, magazine, commercial report or journal, whether electronic or otherwise.
The printing, copying or forwarding of the Updates by you as provided for in this clause does not make you a party involved in the legitimate distribution of the Updates as described in Clause 7a above.
9. Sponsor's section: Some issues of the Updates may contain a section in which a person or party other than Arbor ("sponsor") has been allowed to place their own content. Such section will be contained with a designated area (for example demarcated by a coloured background or by a line of symbols such as "*") and labelled at the beginning of the sponsor's section with the words "Sponsor's section" or equivalent words in languages other than English. This section is referred to in these Terms of Use as the "sponsor's section".
Arbor is not responsible for the content of the sponsor's section, including the sponsor's ownership of the material contained within the sponsor's section, nor for the content of any web site, publication nor for any other resource referred to or linked to from within the sponsor's section, nor for the safety, ownership, availability, reliability, lawfullness or applicability of any food, product, supplement referred to within the sponsor's section.
10. Translation: From time to time volunteers ("the volunteer translators") may, with Arbor's permission, translate the content of the Updates into languages other than English ("translated languages") and Arbor may distribute the Updates containing the content as the volunteers have translated it ("translated Updates"). The Terms of Use fully apply to the translated Updates.
The volunteers who undertake this translation are not employees, contractors, suppliers, agents or partners of Arbor, nor do they have any other relationship with Arbor other than volunteering to translate the Updates.
Neither Arbor nor the volunteer translators make any representation that the translation is accurate, correct or complete. Arbor has not checked the translation and does not understand the translated Updates in the language in which they are translated. Neither Arbor nor the volunteer translators are in any way responsible for the consequences (direct or indirect) of the use of the translated Updates, including the consequences of translation that is inaccurate or which has a different meaning or context (including legal) in the country in which it is distributed or used to that which it has in any other country. In reading the Updates you are doing so entirely at your own risk.
11. Jurisdiction: The laws of the state of Victoria in Australia govern this agreement and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state in that country in any matter related to the use of the Updates.
12. Change to these Terms of Use: Arbor may change these Terms of Use at any time without any notice to you by placing an amended version on its web site at www.arborcom.com in place of and using the same web address as the Terms of Use previously applying, or a different web address that is listed on at least one occasion in the Updates. You agree that the amended Terms of Use will apply to you from the first occasion on which you use the Updates after the amended Terms of Use are so placed on its web site. Any rights, indemnities or protections applying to Arbor, its employees, directors, contractors and associates prior to such a change in the Terms of Use will not cease, be lost or decreased upon such change.
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