Disclaimer, terms and conditions

The following apply to subscribers or users of both the Standard and the Premium issues of the Arbor Clinical Nutrition Updates (including the archived past issues). They also apply to users of this site and any reference to use of the Updates in these terms should be taken to include use of this site.

Current from 31st May 2005.
(a small change was made on that date to the definitions to accomodate downloading access)

Important!!

The Arbor Clinical Nutrition Updates is an electronic publication, describing and commenting on current nutrition research and topics, which is distributed by email or by downloading from a website or other source, 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").

Use of the Updates means any use including but not limited to reading, printing, copying or forwarding the Updates to others in whole or in part of any one or more issues of the Updates.

Please read this Disclaimer, Terms and Conditions ("Terms of Use") carefully before making any use of the Updates. By using the Updates you acknowledge that you have read, understood and agree to all points within the Terms of Use, including this point. If you do not understand and agree to these Terms of Use, DO NOT USE THE UPDATES.

Other definitions
Arbor: Arbor Communications Pty Ltd ATF Aurora Trust ("Arbor"). Arbor is a limited liability company incorporated in Australia.
Sponsor's section: A section of the Updates in which a person or party other than Arbor ("Sponsor") has been allowed to place their own content, such section if not self-evident usually being contained within a designated area and labelled with the words "Sponsor's section" or "Advertisement" (or their equivalent words in languages other than English).
Arbor content: the content of the Updates other than the Sponsor's section.
Premium Updates: Certain issues of the Updates that Arbor may release for restricted distribution and access as part of a paid and/or premium subscription, as well as archived issues of the Updates of issue number greater than issue 86. Standard Updates refers to all other issues of the Updates.
Associated parties are any employee, director, agent or contractor of Arbor, any person or party duly authorised by Arbor in writing to write, edit, layout or provide material for the Arbor content of the Updates, including specifically the Editor and the institution providing the mailing list server through which Arbor emails out the Updates.
Health Professional: A person properly trained and legally qualified in a lawfully recognised health profession, or a student enrolled and engaged in study of such a health profession at a legally recognized tertiary university, college or similar institution.
Translated Updates: editions of the Updates that have been translated with Arbor's express permission into languages other than English ("translated languages"), usually by volunteers ("the volunteer translators").
The Website: The website on which the Update information mainly appears. The address of this website is currently www.nutritionupdates.org .

1. Authorship: The Updates are written and produced solely by Arbor, except that the content of the Sponsor's section is written and produced by the sponsor and the translations are carried out by the volunteer translators.

Any associated party involved with the writing, production, distribution or promotion 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 and you agree to so hold them not responsible or liable. Anything said in these Terms of Use regarding non endorsement, non representation or non responsibility also applies to non endorsement, non representation and non responsibility by the associated parties.

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 and you agree to so hold them not responsible or liable.

Sponsors and advertisers of and in the Updates are not responsible nor liable in any way for the content of the Updates, other than the Sponsor's section and you agree to so hold them not responsible or liable.

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 Health Professionals. They are specifically not intended for use by any other 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 regarding diagnosis, treatment or giving of advice for any disease, problem or symptom or the effect, benefits or dangers of eating any particular food, following any diet or lifestyle, consuming any food or any nutrition supplement or other product, whether for yourself or others, and you should not rely upon anything stated in the Updates in relation to this.

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, health or medical query or problem should consult a competent, qualified and 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 endorses or agrees with the research, the persons and parties who have conducted or are involved 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 (other than that they might be serving on the Editorial Advisory Board).

6. No representation by Arbor:
a. Arbor makes no representation nor should any person using the Updates assume or imply that any information, description or comment within the Updates about any research, person or party, journal or other publication, organisation or institution, food, dietary or clinical approach, product, supplement or any web site or other content which is mentioned, discussed or to which a reference is made or a link provided, or anything else mentioned in the Updates is necessarily accurate, fair, understandable or complete information, 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 any person, publication, party, organisation or institution that conducted, published or is 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, benefits, safety, lawfulness, ownership, authorship, accuracy, completeness, fairness, accessibility, relevancy, understandability or currency of any material or findings 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, nor of any dietary approach, lifestyle, food, product or supplement mentioned in the Updates. You should use professional judgement at all times.

b. Arbor makes no representation about the frequency or the format through which the Updates will be distributed to you.

c. Arbor reserves the right to remove you from its distribution list without any explanation, compensation, notification or prior warning being given and if removes you to require you to delete and destroy any electronic or hard copies of the Updates that you may have in your possession, and you agree to accept such decision by Arbor as final and to delete and destroy any electronic or hard copies of the Updates as Arbor requires.

d. 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 any of the associated parties nor any of the volunteer translators, nor any member of the Editorial Advisory Board nor any other party involved in the legitimate distribution of the Updates at Arbor's direct request 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 the associated parties 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. You acknowledge that Arbor cannot maintain a comprehensive knowledge of all laws and regulations applicable in all the countries and jurisdictions in which the Updates may be used, and you agree not to use or request distribution of the Updates in any jurisdiction in which anything in or concerning the Updates is contrary to the law or regulations of that jurisdiction.

8. Copyright and other intellectual property rights:
a. 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, logos of any journal or publisher other than the Updates or Arbor, 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).

b. You are allowed to use the ordinary Updates that Arbor sends to you for your personal use only, and not for any commercial nor for any unlawful purpose and in making such use you may print out the Updates and save the Updates in printed or electronic form. If you wish to receive and make use of the Premium Updates, you will need a specific licence to do so. You can receive this licence by subscribing to the Premium Updates on our website at: www.nutritionupdates/subs .

c. You may forward, show, or send copies of the Updates OTHER THAN the Premium Updates to friends and colleagues, provided that:
i. it is done in compliance with the laws and regulations both in the jurisdiction(s) in which this occurs and in that to which it is being forwarded, shown or sent.
ii. there is no commercial purpose or benefit to you or any other party except as expressly authorised by Arbor.
iii. the copies of the Updates you send have exactly the same content and format as the original you received from Arbor, without any addition, omissions or editing of the 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. Where you are using a hard copy for this purpose, it must be a direct printout of the electronic format in which the Updates were distributed to you by Arbor.
iv. You accept responsibility for any and all consequences, direct or indirect, of so forwarding, showing or sending copies of the Updates.

Note that you do not have permission to forward, show, or send copies of any issues of the Premium Updates.

d. Except with the express permission of Arbor (and additionally in relation to any of the content of the Updates the copyright of which does not belong to Arbor the permission the owner of the copyright for that material), you may not reproduce any content of the Updates in whole or in part in any format other than as provided for in clause 8c, including doing so on a web site, compact, DVD or similar disc, newsletter, magazine, commercial report or journal, whether electronic or otherwise.

e. The printing, copying or forwarding of the Updates by you as provided for in this clause 8 does not make you a party involved in the legitimate distribution of the Updates as described in Clause 7a above.

9. Privacy: Your agree to allow Arbor to maintain a data base containing the information you provided when subscribing to the Updates and any subsequent communication you have with Arbor. Arbor may use this information to maintain and improve its Update service and for the purposes of academic research carried out by Arbor. Arbor will not provide email address or any other contact or private identifying information about you to third parties (except as required by law) without your specific consent.

You consent to Arbor emailing you the Updates until such time as you cancel your subscription in the manner set out by Arbor in the Updates, and to Arbor sending you such other emails as are directly relevant to your subscription, including information about Arbor's paid and premium services and the topics to be covered in premium Update issues.

10. Sponsor's section: Arbor is not responsible for the content of the Sponsor's section, including the Sponsor's ownership of intellectual property rights in the material contained within the Sponsor's section, nor for the content of any web site, publication or any other resource referred to or linked to from within the Sponsor's section, nor for the safety, ownership, availability, reliability, lawfulness or applicability of any food, product, supplement or service referred to within the Sponsor's section.

11. Translation: The Terms of Use fully apply to the translated Updates.

The volunteer translators 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 or 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.

12. Jurisdiction and change in Terms of Use: 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.

Arbor may change these Terms of Use at any time without any notice to you by placing an amended version at the same web address as the Terms of Use previously applying (currently www.nutritionupdates.org/sub/terms3.html ), 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 in relation to your use of the Updates 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.