Description of Service
Our website address is: http://nutrition4ibd.com.
Nutrition4IBD.com ("N4IBD," "us" or the "Site") is a free resource for people with Inflammatory Bowel Disease ("IBD") and their families, friends and caregivers. Nutrition4IBD.com provides medically curated content about diagnosis, diet and nutrition, medication and other treatment, depression, pregnancy, triggers, flaring and other issues impacting the IBD community.
Nutrition4IBD.com is not a medical referral site and does not recommend or endorse any particular product, restaurant, provider or medical treatment. No information on N4IBD should be construed as medical and/or health advice. N4IBD is not a "covered entity" for purposes of determining applicability of the Health Insurance Portability and Accountability Act of 1996 and the rules promulgated thereunder (HIPAA) to the Site and the treatment of any User Content (defined below) provided by you.
Acceptance of Terms
N4IBD is provided to you by Nutrition4Kids, LLC ("Nutrition4Kids"), and by using the Site you agree to the terms and conditions contained herein ("Terms of Service"). When using a particular third-party service or product offered on the Site you also may be subject to the guidelines, rules, policies, or additional terms of service applicable to such third-party service or product. We may update this Terms of Service from time to time, and your continued use of the Site shall be deemed your acceptance of any such updated Terms of Service. This Terms of Service comprises the entire agreement between you and Nutrition4Kids and supersedes all prior agreements between the parties regarding the subject matter hereof. By using the Site you understand and agree that the Site is intended for an adult audience and, as such, there may be some content on the Site that is inappropriate for minors.
Conditions of Use
As between you and Nutrition4Kids, all content on or made available through the Site shall be owned exclusively by Nutrition4Kids and is protected by copyright under both United States and foreign laws. You may use the content appearing on the Site solely for your personal, non-commercial use. Any use of such content not expressly permitted by the Terms of Service is a breach of the Terms of Service, and may be a violation of copyright, trademark, and other laws. The content and features of the Site are subject to change from time to time or deletion without notice in our discretion. All rights not expressly granted herein are reserved to Nutrition4Kids and its licensors.
If you have registered, Nutrition4Kids may immediately terminate your Nutrition4Kids account or limit your access to the Site without prior notice:
(a) upon your breach or violation of the Terms of Service or other incorporated agreements or guidelines;
(b) upon request by law enforcement or other government agencies;
(c) upon request by you (through self-initiated account cancellation);
(d) for unexpected technical issues or problems;
(e) for extended periods of inactivity; or
(f) for any reason or no reason in our discretion. Nutrition4Kids has no obligation to maintain, store, or transfer to you information or data that you have saved, posted on or uploaded to the Site.
Posting User Content on the Site.
We may encourage you to share your experiences and information on the Site, including without limitation reviews of restaurants, products and other providers listed on or mentioned in the Site, user lists, rating and user profile information such as photos and personal experiences (collectively, "User Content"). However, you hereby acknowledge and agree that any and all User Content shared, posted or otherwise provided to the Site will become public information which may become accessible to third parties. By posting or submitting User Content to the Site, you warrant that you:
- are the sole author and creator of that content,
- have all necessary rights to provide such User Content to the Site and to transfer ownership of such User Content to Nutrition4Kids, and
- waive any rights you may have in that the User Content, including without limitation control of its use or (re)distribution, and any intellectual property rights you may have to such content.
You hereby agree that you will not to post a review about a restaurant, product or provider on the Site unless you have and base such a review only upon your actual first-hand experience with such restaurant, product or provider. We have the right, but not the obligation, to refuse to display or to remove any User Content posted by you on or to the Site for whatever reason or for no reason at all. You hereby waive any claim that Nutrition4Kids is somehow acting in an unfair or discriminatory manner by refusing to display (or by removing) any User Content. You agree that you will not, and will not direct any third party to, post or submit any User Content that Nutrition4Kids determines, in its sole and absolute discretion, contains or features any of the following:
- Content which contains material or links to material that infringes upon a third party's intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Offensive, harmful, impolite and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech);
- References to illegal activity, professional malpractice or health code violations;
- Reviews that do not address the products, offerings and/or services of the restaurant, product or provider or reviews with no qualitative value (e.g., "this place is awesome!");
- Personal information or messages including email addresses, URLs, phone numbers and postal addresses (or both first and last name of an individual unless their name is also part of the business name) that are not already publicly available;
- Messages or URLs that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
- Language, photos, video or other media that violates the standards of good taste or the standards of the Site;
- Content that is deemed to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
- Language intended to impersonate other users (including last names of other individuals) or offensive or inappropriate user names or signatures; or
- Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
You further agree to accept full liability and responsibility for all User Content submitted by you or on your behalf to the Site.
Ownership of User Content.
By submitting any User Content to the Site you relinquish any and all right or claim of right to such User Content. All User Content shall be owned solely by Nutrition4Kids. Nutrition4Kids is under no obligation to give credit or pay any consideration to you for any User Content you post on or to the Site, or any use by Nutrition4Kids of such User Content.
No Endorsement of Content or Businesses
You understand and agree that by using the Site you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The Site may also contain hyperlinks to third party web sites outside of the Site. Nutrition4Kids has no control over, and make no representation or endorsement regarding the quality, certification, accuracy, timeliness, reliability, appropriateness or condition of any content posted on the Site or third party sites, including without limitation user reviews, quality of a restaurant, product or provider's goods, offerings or services posted to the site. In addition, none of the content on the Site shall be considered the view or opinion of Nutrition4Kids, any of its subsidiary or affiliated companies, or its employees, officers, directors, or shareholders. You understand and agree that under no circumstances will Nutrition4Kids be liable for any loss or damage of any kind as a result of your use of the Site or your reliance upon any content posted on or otherwise made available through the Site. You expressly understand and agree that Nutrition4Kids has no obligation to review the Site's content or to pre-screen any of the restaurants, products or providers mentioned on or posted to the Site.
You understand and agree that the Site does not provide medical advice and the content available on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Any restaurant, product or provider ratings and reviews are statements of opinion only and not statements of fact or recommendations to utilize any such restaurant, product or provider's services and do not constitute medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. Nutrition4Kids does not recommend nor endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. You are solely responsible for determining whether the information provided is suitable for your purposes, and reliance on the information is at your sole risk. You should obtain additional information as may be necessary for you to make an informed decision. Neither Nutrition4Kids nor any third-party content provider to the Site assumes any responsibility or liability for any advice, treatment, product or service rendered by any restaurant, product or provider appearing or featured on the Site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Service. This Terms of Service is solely between you and Nutrition4Kids and is not intended to be for the benefit of any third party except as expressly provided herein. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Nutrition4Kids is under no obligation to become involved. You hereby expressly release Nutrition4Kids, its officers, employees, agents and successors in rights from claims, demands and damages (actual and/or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to disputes between you and one or more users, restaurants, product manufacturers or distributors, other providers, third parties and/or any services.
Although Nutrition4Kids cannot monitor the conduct of N4IBD its users off the Site, it is a violation of the Terms of Service to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent. In some instances, Nutrition4Kids provides toll-free phone numbers to its advertisers for the express purpose of tracking calls from the users of Nutrition4Kids. It is a violation of these Terms of Service for you to call these toll-free numbers to solicit business from advertisers, to test the service or for any reason other than inquiring about the restaurants, products and services being advertised.
We utilize secure servers to protect your Registration Information. You will be responsible for all activities which occur under your Registration Information. You agree to immediately notify us in writing of any unauthorized use of your account with us.
Unauthorized Use of Site
You may not use any device, software or routine to interfere with the proper working of the Site. You may not intercept or expropriate any system data or information, or copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without the express written permission of Nutrition4Kids. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including without limitation to unsolicited email (i.e. "Spam"). You shall not use any method, including without limitation the use of robots, spiders, other automatic devices or manual processes, to monitor or copy our web pages or the content contained on the Site without the prior expressed written permission of Nutrition4Kids.
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We are not responsible whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
N4IBD is provided "as is" and without any warranty or condition, express, implied or statutory. Nutrition4Kids specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. You assume full responsibility and risk for use of the Site and hyperlinked web sites. We make no warranty that the Site will meet your requirements or that the services provided on the Site will be uninterrupted, timely, secure or error free. We also make no warranties as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site or that any defects will be corrected. No advice or information, whether oral or written, obtained by you from N4IBD shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law. In addition, Nutrition4Kids disclaims any and all liability for the acts, omissions, and conduct of any third party users, restaurants, product manufacturers or distributors, other providers, third parties and/or any services providers, N4IBD users, advertisers, and/or sponsors on the Site, in connection with the Site or otherwise related to your use of the Site. Nutrition4Kids is not responsible for the products, services, actions, or failure to act of any Provider or third party in connection with or referenced on the Site.
Limitations of Liability
In no event shall Nutrition4Kids, its shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages, and in no event shall Nutrition4Kids's total cumulative liability under this agreement exceed US$50. You understand and agree that the download and upload of any material through the Site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. Nutrition4Kids neither assumes, nor does it authorize any person or entity to assume on its behalf, any liability in connection with the provision of the Site. The limitations of liability provided in these Terms of Service inure to the benefit of Nutrition4Kids, our equity holders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.
You agree to indemnify, defend and hold harmless Nutrition4Kids, its shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site, any User Content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of the Terms of Service.
Violations of Terms and Liquidated Damages
Please report any violations of these Terms of Service, by emailing to email@example.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Notices DMCA Violations
Notices to users and Nutrition4Kids shall be by email or certified mail, return receipt requested. Notices to Nutrition4Kids shall be sent to firstname.lastname@example.org or, if by certified mail, to Nutrition4Kids, LLC, 3626 Oxford Trace, Marietta, GA 30062. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. – 512 (the "DMCA"), Nutrition4Kids has designated an agent to receive Notifications of Claimed Copyright Infringement ("Notification") on N4IBD, who can be reached as follows: Nutrition4Kids, 3626 Oxford Trace, Marietta, GA 30062, Attention: Legal Department – Copyright Agent or by email: email@example.com. If you have a good faith belief that your copyright, trademark and/or other intellectual property, accessed on or through the Site has been used in a manner that constitutes copyright infringement, you must provide all of the following information to Nutrition4Kids' copyright agent:
(a) your name mailing address, telephone number, and email address;
(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) 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;
(e) a statement by you, made in good faith and under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(f) an electronic or physical signature of the copyright owner or an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest.
Governing Law and Choice of Forum
This Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Terms of Service, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Terms of Service or the Site shall be brought exclusively in the federal or state courts of Cobb County, Georgia and both parties consent to the jurisdiction thereof.
In the event that one or more portions of the Terms of Service shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or enforceability shall not affect any other provision contained in the Terms of Service. The headings used throughout the Terms of Service are solely for the convenience of reference and are not to be used as an aid in the interpretation of the Terms of Service. If you have any questions about the Terms of Service, contact us at firstname.lastname@example.org.
This Terms of Service was last updated on January 1, 2020
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