Terms & Conditions

Egg Safety Center (“ESC” or “we”) operates www.eggsafety.org (the “website”), which is an interactive and informative website that allows users (each a “user”) to access and share information related to egg food safety issues. The website is hosted in the United States. These Terms and Conditions, as may be modified from time to time (this “agreement”), constitutes a legally binding agreement and applies to all Users’ use of and access to the website, including, without limitation, all services and content provided therein. By accessing and/or using the website, each user agrees to be bound by this agreement. ESC reserves the right to modify this agreement at any time and from time to time, and each such modification shall be effective upon posting on the website. All material modifications shall apply prospectively only. A user’s continued use of the website following any such modification constitutes such user’s agreement to be bound by and such user’s acceptance of this agreement as so modified. It is therefore important that all users review this agreement regularly. If a user does not agree to be bound by this agreement, such user must discontinue all use of the website immediately. Users may request a copy of this agreement via an email to ESC using the contact information provided in Section 15 below.

  1. Term. ESC may, in its sole discretion, at any time and without prior notice, terminate any user’s use of the website or terminate such user’s rights under this agreement for any or no reason. In ESC’s sole discretion, and at any time, we may also discontinue providing the website or any part thereof, with or without notice. We shall not be liable to any user or any third party for any of the foregoing actions. Sections 2, 3, 10, 11, 12, and 14 of this agreement shall survive the termination of this agreement.
  2. Submitted Content and other Information Provided by Users via the Website.
    1. (a) The ESC Privacy Policy, which is incorporated into this agreement by reference, governs the collection, use and disclosure of information gathered on or through the website.
    2. (b) Each user represents and warrants that all information submitted or otherwise made available via the website is truthful and accurate.
    3. (c) Users may submit or otherwise make content or information available on or through the website for the purpose of having such content or information posted on the Website (e.g. via the “submit a question,” or “blog comment” features) (collectively “submitted content”). All submitted content is considered to be “content” for the purposes of this agreement. By providing submitted content, each user thereby grants ESC a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, modify, adapt, publish, publicly perform and display, distribute, syndicate and otherwise use such submitted content, including, without limitation, any third party submitted content (as hereinafter defined) with or without attribution to such User or any third party (“submitted content license”). When providing submitted content, users should only provide information and content regarding themselves; however, if a user provides any submitted content belonging to any third party (“third party submitted content”), such user represents and warrants that such user has the necessary approvals and permissions to provide such third party submitted content to ESC and for ESC to use and disclose such third party submitted content as requested by such user and in accordance with this agreement. Each user represents and warrants that, with respect to all submitted content provided by such user, including, without limitation, any third party submitted content (i) such user has the authority to grant the submitted content license for all such submitted content, (ii) the exercise by ESC of its rights under the submitted content license shall not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights and (iii) the submitted content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under this agreement. Each user acknowledges and agrees that such user’s submitted content shall be reviewed by ESC and may be posted on the website and disseminated or otherwise used by ESC in furtherance of ESC’s mission to promote egg food safety without (a) compensation to such User or any third party or (b) acknowledgement of such User or any third party as the source of such Submitted Content. THEREFORE, DO NOT SEND TO ESC OR ATTEMPT TO POST ON THE WEBSITE ANY IDEAS, MATERIALS, SUGGESTIONS, CONTENT OR OTHER INFORMATION USER WOULD LIKE TO KEEP PRIVATE OR CONFIDENTIAL OR FOR WHICH USER WOULD LIKE OR EXPECT ACKNOWLEDGEMENT OR COMPENSATION.
    4. (d) Notwithstanding the foregoing, if any user desires to share with ESC any confidential, personal or otherwise sensitive information, such user should contact ESC via Oscar Garrison at ogarrison@unitedegg.com. ESC will treat and handle all information provided to ESC pursuant to this Section 2(d) in accordance with our policy with respect to personally identifiable information as provided in the ESC Privacy Policy.
    5. (e) Each user shall ensure that their submitted content shall not provide a link or reference to content that:
      • misrepresents such user’s or any third party’s identity, affiliation or connection with a person or entity;
      • implies or states that we endorse or are in any way associated with submitted content;
      • contains any false, misleading, deceptive, sexually suggestive, abusive or harassing content;
      • promotes hatred, racism, bigotry, physical violence or emotional abuse against any individual or group;
      • is unlawful, threatening, defamatory, obscene, libelous, or otherwise contains offensive content;
      • contains photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing the following: excessive violence, nudity, obscenity, sexual explicitness, and harassing content;
      • contains any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; or
      • contains advertising or solicitation of any kind.
    6. (f) ESC does not guarantee that submitted content will not be lost or damaged or that users will be able to retrieve submitted content. We reserve the right, but do not have the responsibility, to monitor and remove any submitted content, at any time and without notice, in our sole discretion.
  3. Ownership and Permitted Use of Content.
    1. (a) ESC, its licensors (including users), or other third parties own all content appearing or available on or otherwise making up the website (“Content”), including but not limited to all text, available features, trademarks, service marks, trade names, logos, icons, domain names, written material, downloadable material, photographs, artwork, computer code, look and feel, trade dress, technical information and advertisements. Such content is protected under United States’ and other countries’ copyright, trademark and other laws and international treaty provisions, and any unauthorized use by a user of this content may subject such user to civil and criminal penalties. The ownership of all content is retained by its owner.
    2. (b) Unless otherwise set forth on the website in relation to particular content, users may use and make one copy of any content solely for their own personal use. Without limiting the generality of the foregoing, under no circumstances shall any user use any content (with the exception of submitted content provided by such user) for any commercial use. “Commercial use” means any use that yields a profit or monetizes in any way the use of the content. All users must obtain ESC’s express prior written permission for any use of content which does not comply with this Section 3.
    3. (c) Users shall not remove, obscure or otherwise deface proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
    4. (d) All rights in and to the content not expressly granted in this Agreement are retained by ESC.
  4. Content Accuracy and Protecting Yourself when using the Website.
    1. (a) ESC does not independently verify any Content appearing on or accessed through the website that has been provided by third parties (such third parties “content providers”), including, but not limited to, content provided by third parties having an agreement with us to provide content for or to be accessed through the website or content provided by third parties not having an agreement with us to provide content for or to be accessed through the website. We do not guarantee or warrant that any content appearing on or accessed through the website (including that content provided directly by us) is accurate, complete, truthful, or non-objectionable. We do, however, take reasonable efforts to ensure content prepared directly by us, including but not limited to advice and other guidance related content, is accurate, timely and complete.
    2. (b) We do not endorse any content provided by content providers.
    3. (c) We reserve the right, at any time and in our sole discretion, to remove any content from the website without notice.
    4. (d) USERS SHOULD (I) EXERCISE EXTREME DISCRETION AND SKEPTICISM WHEN EVALUATING CONTENT AND INTERACTING WITH INDIVIDUALS ON THE WEBSITE, (II) REMAIN LARGELY ANONYMOUS WHEN USING THE WEBSITE, AND (III) RECOGNIZE AND UNDERSTAND THAT SOME OTHER USERS MAY BE OTHER THAN WHO OR WHAT THEY CLAIM TO BE, AND MAY HAVE DISHONEST, DECEITFUL OR HARMFUL INTENTIONS. NO USER SHOULD, EXCEPT AS SPECIFICALLY REQUESTED BY ESC, PROVIDE SUCH USER’S OR ANY OTHER INDIVIDUAL’S NAME, STREET ADDRESS, TELEPHONE NUMBERS, FINANCIAL INFORMATION, EMAIL ADDRESSES OR OTHER SENSITIVE OR PERSONAL INFORMATION.
  5. Using the Website. At all times while visiting the website and participating in, accessing and using the available features on the website, all users must conduct themselves in a polite, courteous and respectful manner, comply in all respects with this agreement and with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, users shall not, while accessing or using the Website:
    • misrepresent User’s or any third party’s identity, age, gender, affiliation or connection with a person or entity or any other information;
    • disguise the origin of Submitted Content;
    • alter, modify, frame, or “mirror” any Content;
    • create a deep-link to the Website by by-passing the Website’s home page;
    • use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website;
    • inhibit, disrupt, or otherwise prevent anyone from using or accessing the Website or interrupt any User’s experience on the Website, including but not limited to acting in any manner that disrupts a User’s real-time exchanges or hacking or defacing any portion of the Website;
    • interfere with or disrupt the Website, or servers or network connections to the Website;
    • disobey any requirements, procedures, policies or regulations of networks connected to the Website;
    • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
    • attempt to gain unauthorized access to the Website (or any portion thereof), any systems or networks connected to the Website or any server related thereto;
    • use the Website to intentionally or unintentionally violate any applicable law, rule or regulation;
    • use the Website to violate any third party rights, including, without limitation, intellectual property rights.
  6. Applicability of Additional Terms and Conditions. Additional or different terms and conditions (“Additional Terms”) may apply in connection with certain available features on the Website (e.g. testimonials, sweepstakes or contest entries). If applicable, these Additional Terms will be set forth (i) where Users are permitted to submit Content or access or use such available features, or (ii) in a link adjacent to where Users are permitted to submit Content or access available features.  Users should carefully review all applicable Additional Terms before submitting Content or accessing and using all available features on the Website. These Additional Terms are incorporated into and made a part of this Agreement by reference. In the event Additional Terms conflict with this Agreement, the Additional Terms shall control with respect to the subject matter to which such Additional Terms apply.
  7. Accessing the Website. Each User is responsible for maintaining such User’s Internet service and hardware and software, including obtaining/downloading any updates/upgrades to such hardware and software. User acknowledges and agrees that (i) User’s ability to use the Website will depend on (among other things) the speed of User’s Internet access and the hardware and software User is using to access the Website (including whether User has obtained the upgrades and updates that are available for such hardware and software) and (ii) ESC may, at any time and in our sole discretion, discontinue/change the Website and the requirements (type of Internet access, hardware, software, etc.) relating to the Website. ESC does not guarantee or warrant that Users will have access, at any time, to the Website or any of its features.
  8. General Practices Regarding Use and Storage. ESC reserves the right to establish general practices and limits concerning use of, and storage space on, our servers.
  9. Linked Websites. The Website may display links to other websites or resources sponsored by third parties (such third party sites are known as “Linked Websites”). Users’ access to and use of Linked Websites is at their own risk. These Linked Websites may not be available at all times and may contain content that is untrue, offensive, inaccurate, incomplete, or outdated. ESC does not endorse or provide warranties of any kind as to any Linked Websites (and any websites to which they link). Users should review the policies and terms and conditions associated with Linked Websites closely before using and submitting information to such Linked Websites.
  10. Disclaimer of Warranty.
    1. (a) THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” AS TO THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, ESC EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. USERS ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE WEBSITE. ALL INFORMATION SHARED VIA THE WEBSITE AND ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEBSITE, IS SHARED, DOWNLOADED AND OBTAINED AT EACH USER’S OWN DISCRETION AND RISK. ESC WILL NOT BE RESPONSIBLE FOR LOSSES, DAMAGES, COSTS, OR OTHER LIABILITIES THAT ARISE FROM ANY USER’S USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO A USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE.
    2. (b) WITHOUT LIMITATION TO THE FOREGOING, ESC DOES NOT WARRANT THAT: (A) THERE WILL BE NO INTERFERENCE WITH USER’S ENJOYMENT OF THE WEBSITE; (B) THE WEBSITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) USER’S REQUESTS TO THE WEBSITE WILL BE HONORED ACCORDING TO USER’S SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEBSITE WILL BE TIMELY, SECURE OR ERROR FREE; OR (E) ANY ERRORS IN CONTENT WILL BE CORRECTED.
    3. (c) A USER’S SOLE REMEDY AGAINST ESC FOR USER’S DISSATISFIATION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS TO STOP USING THE WEBSITE OR CONTENT THEREOF WITH WHICH USER IS DISSATISFIED.
  11. Limitation of Liability.
    1. (a) ESC SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF USER’S ACCESS TO OR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. (b) IN NO EVENT SHALL ESC’S LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY EACH USER.
  12. Indemnification. EACH USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ESC AND ESC’S AFFILIATES, OFFICERS, DIRECTORS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AND AGENTS FOR ALL CLAIMS, LOSSES, COSTS AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR ARE RELATED TO USER’S USE OF THE WEBSITE OR USER’S VIOLATION OF THIS AGREEMENT.
  13. Reporting Violations of this Agreement. If any user becomes aware of activities or content that violate this Agreement user should notify us immediately via the contact information set forth in Section 15. Although ESC does not guarantee any action based on such information, we pledge to make every reasonable effort to respond to reported violations in a fair and timely manner.
  14. Other. To the fullest extent permitted by law, this agreement and any claim or dispute arising out of or relating to this agreement, including but not limited to the Website, will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to this agreement, including but not limited to the website, shall be subject to the exclusive jurisdiction of state or federal courts located in Forsyth County, Georgia, and each User hereby consents and submits to the personal jurisdiction of such courts. Users shall not use or export or re-export the Content or other materials on the website or any copy or adaptation thereof in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. This agreement constitutes the entire agreement between each user and ESC relating to such user’s use of the website, superseding any other agreement between such user and ESC with respect to the subject matter of this agreement. Section headings in this agreement are for convenience only and have no legal or contractual effect. If any provision of this agreement shall be found to be unenforceable, the other provisions shall still remain in full force and effect.
  15. Contact ESC.
    1. (a) For making a claim of copyright infringement please use the contact information set forth in Section 16 below.
    2. (b) For all other issues or questions please use the following contact information: By Mail:      6455 East Johns Crossing, Suite 410, Johns Creek, GA 30097 By Email: info@eggsafety.org
  16. Notice And Procedure For Making Claims Of Infringement.
    1. (a) ESC takes the intellectual property rights of others very seriously and we ask users to respect the intellectual property rights of others. If any user believes content appearing on the website constitutes copyright infringement of (i) one of user’s copyrighted works, or (ii) a copyrighted work of a copyright owner who has authorized User to act on his/her behalf, please provide ESC with the following information:
      1. User’s electronic signature or actual physical signature;
      2. a description of the copyrighted work that User claims has been infringed, or if multiple copyrighted works are allegedly being infringed, a list and description of such works;
      3. a description of where the material or item that User claims is infringing is located on the website, such description must be reasonably sufficient to enable us to find the allegedly infringing material or item;
      4. User’s address, telephone number, and email address (if user has an email address);
      5. A statement by user that user has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright, its agent, or the law;
      6. A statement by user that the information in the notification is accurate, and under penalty of perjury, that user is the owner of the copyright in the allegedly infringed work or that User is authorized to act on behalf of the copyright owner of the allegedly infringed work.
    2. (b) User should provide the infringement notice described above to ESC’s agent for notification of claim of infringement. Such agent may be contacted as follows: Agent: United Egg Producers By mail:  6455 East Johns Crossing, Suite 410, Johns Creek, GA 30097 By phone:  770 360-9220 By fax:  (770) 360-7058 By email: info@eggsafety.org
    3. (c) User may also use the contact information provided above to notify ESC of other types of intellectual property infringement occurring on the Website including, without limitation, possible trademark infringement.