TERMS OF SERVICE – USER AGREEMENT
Acceptance of Terms
THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING
AGREEMENT BETWEEN YOU AND ALLERGYEATS, LLC (“AllergyEats”) governing your use of the site www.allergyeats.com (the “Site”).
Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site
GUIDE ONLY / NOT MEDICAL ADVICE
The purpose of AllergyEats and the Site is to provide a guide to allergy friendly restaurants. AllergyEats does not guarantee that the information provided on the Site is accurate or complete. The Site provides a guide that is not meant to be a replacement for contacting a particular restaurant or business to inquire about the ingredients, policies, and procedures it uses with respect to your unique allergy needs and other issues including intolerance. Further, AllergyEats cannot guarantee and does not confirm that the restaurants and businesses associated with the Site use processes to prevent cross-contamination of food products nor the safety of food items for certain allergies.
AllergyEats.com does not offer medical advice. Information provided on this Site is for informational purposes only and is not intended to diagnose, treat, cure, or prevent any disease. It is not meant to be a substitute for the professional and personal advice provided by your own physician or dietitian. Always consult your doctor or other qualified health care professional if you have any questions about a medical condition, or before taking any drugs or nutritional supplements, changing your diet or commencing or discontinuing any course of treatment. Never disregard professional medical advice or delay seeking medical attention because of something you read on this website. Always verify any food products by contacting the particular restaurant and/or manufacturer to make sure that the foods are safe for your unique allergy issues. It remains your responsibility to evaluate the accuracy, completeness and usefulness of the information provided on the Site.
Statements and opinions expressed on the Site should be viewed and used cautiously, and should be considered as an opinion of those individuals, and not the view, ideas, opinions, or advice of AllergyEats.
Information and statements provided on the Site have not been evaluated by the Food and Drug Administration.
Registration and Use of Your Information
In order to use certain portions of the Site, you must complete a registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information being the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. [Upon
completing the registration process, you shall receive confirmation of a password and user name.] You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify AllergyEats of any unauthorized use of your password or user name or any other breach of security and (b) defend, indemnify and hold harmless AllergyEats from any loss or damage arising from unauthorized use of your password or user name.
(b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
We may link to, or promote, websites or services from other companies, including restaurants. You agree that we are not responsible for examining or evaluating the content of their websites, and we do not warrant the offering of any of those businesses or individuals, and do not control, those web sites or services. Furthermore, AllergyEats will not be held liable for any loss, damage, liability or expense that may accompany or result from linking, any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or any damages including but not limited to, any computer virus; technical, hardware or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled or delayed computer transmissions. arising from any of the foregoing. Once you leave AllergyEats website and link to an external site, the AllergyEats linking and other policies no longer apply and you will be subject to the new site's policies. You should carefully review their privacy statements and other conditions of use. AllergyEats is not responsible for any personal injury, loss, claim or damage arising from an allergic reaction or other medical ailment that results from information received and relied on from any site.
Intellectual Property and Grant of Rights to User
AllergyEats owns the content of the Site. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations (“Content”) is owned or licensed by AllergyEats. Advertisements for third-party entities are not considered Content for the purposes of this section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.
Pursuant to the copyright and trademark laws of the United States, you agree:
1. That you may only download Content that AllergyEats designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from AllergyEats, unless such use is pursuant to the section with the heading Educational Use of Content, below, of this agreement.
3. To maintain any and all trademark, copyright or other proprietary notices embedded in or attached to any Content.
4. To refrain from framing or mirroring any portion of the Site, and to link to the Site only in accordance with our linking policy in accordance with the Terms
5. That by posting or submitting any text or other materials to the Site you grant AllergyEats a royalty-free, transferable, permanent license for the worldwide use and/or sublicense of such materials on the Site and permission for users of the Site to download the material for personal noncommercial use.
6. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide AllergyEats designated agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and e-mail address;
e. 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
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you own the copyright or are authorized to act on the copyright owner's behalf.
Please send AllergyEats notice of claims of copyright infringement on the Site to the following email address:
THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.
Disclaimer of Warranties; Limitation of Liability
THE SITE AND ALL INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES PROVIDED AND THE CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. ALLERGYEATS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED, THE SITE, THE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
Therefore, you agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
You acknowledge that due to the immediate nature of this medium, AllergyEats does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. AllergyEats will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.
USE OF THIS SITE AND ANY EXTERNAL CONTENT IS SOLELY AT YOUR OWN RISK. ALLERGYEATS MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR YOUR USE OF ANY THIRD PARTY SERVICES, GOODS OR CONTENT.
IN NO EVENT SHALL ALLERGY EATS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES PROVIDED, THE SITE OR THE CONTENT OR (II) THE PERFORMANCE OR NON-PERFORMANCE OF ANY RESTAURANT OR BUSINESS IN CONNECTION WITH THE SERVICES PROVIDED. ALLERGYEATS IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED RESTAURANT OR BUSINESS THAT IS LINKED TO OR OTHERWISE PROMOTED IN CONNECTION WITH THE SITE. ASIDE FROM THE SERVICES PROVIDED ON THE SITE, ALLERGYEATS IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED RESTAURANT OR BUSINESS.
AllergyEats wants to encourage an open exchange of information and reviews, but AllergyEats cannot and does not review every posting made in blogs, message boards and other public posting areas. You can expect these areas to include information and opinions from a variety of individuals and organizations other than AllergyEats. AllergyEats neither endorses nor guarantees the accuracy of any posting, regardless of whether the posting comes from a user or from a member of its staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted in chat rooms, forums, and other public posting areas on the Site lies with each user: you alone are responsible for material you post. By using the Site, you agree not to post or transmit any defamatory, abusive, obscene, threatening or illegal material or any other material that infringes on the ability of others to enjoy the Site or that infringes on the rights of others. You may not post anonymously, post under more than one name or impersonate any other person. You may permit no person (other than an agent working on your behalf and subject to your supervision) to access, using your account, any features of the Site that may require registration. You may not post ratings or comments in a deliberate attempt to inflate or deflate a restaurant’s overall rating based on personal, financial or employment interests.
Although AllergyEats cannot monitor all the postings in the blogs, message boards, and other public areas, AllergyEats reserves the right (but assumes no obligation) to delete, move or edit any postings that come to its attention that AllergyEats considers unacceptable or inappropriate, whether for legal or other reasons.
AllergyEats will not in the ordinary course of business, review private electronic messages that are not addressed to it or members of its staff. However, AllergyEats will comply with any applicable legal requirements regarding disclosure of such messages to others, including law enforcement agencies.
You agree to assume full and sole responsibility for any postings you make to the Site. You represent and warrant to AllergyEats that (a) you have all rights necessary to provide and modify the information and data, if any, that you upload to the Site, and that such data does not violate or infringe the copyright, trademark, intellectual property, or other rights of any third party; (b) you are the owner of the material, or that you have obtained any permissions or releases necessary to ensure that posting the material neither violates the rights of any person or entity nor creates any liability for the Site; (c) use of the Site by you will not interfere with or disrupt the Site or servers or networks connected to the Site; (d) you will not upload, post, email, transmit or otherwise make available 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; (e) you have the full
power, authority and right to or have been authorized to enter into transactions and execute licenses; and (f) you will not circumvent or disable any security or data-protection measures implemented by AllergyEats.
Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, or profane. You agree not to post or transmit through the Site any material that encourages criminal conduct or that may give rise to civil liability. You agree not to post or transmit through the Site any material or text which constitutes advertising or solicitation with respect to any
product or service, unless expressly authorized in writing by AllergyEats to do so.
From time to time users may choose to post their email addresses in our blogs, message boards, and other public-posting areas. You agree not to gather these email addresses for purposes of spamming (sending unsolicited email).
Conduct by any user that, at the discretion of AllergyEats, restricts or inhibits any other user from using or enjoying the Site will not be permitted. AllergyEats reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ALLERGYEATS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless AllergyEats; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. AllergyEats reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with AllergyEats in asserting any available defenses.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by user, but may be so transferred, assigned or delegated by AllergyEats.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
This Agreement is made under and shall be governed by and construed in accordance with the laws of State of Massachusetts, without regard to any choice of law provisions. The parties hereby consent to the jurisdiction of the state and federal courts located in Suffolk county.