Terms of Service

Last Updated on October 1, 2018.

  1. ACCEPTANCE OF TERMS

These terms and conditions of services (the “Terms”) are a legal and binding agreement between you and OWOC, LLC (“Allergy-Friendly.org”).

The Terms and the Allergy-Friendly.org Privacy Policy (the “Privacy Policy”) govern your use of the Allergy-Friendly.org website (www.Allergy-Friendly.org ), mobile application, and emails that links to or references these Terms (collectively the “Site”). By accessing or using the Site, you explicitly agree to be bound by the provisions of the Terms. If you are unwilling or unable to be bound by the Terms, please discontinue using the Site.

  1. PRIVACY POLICY

The terms and conditions of the Privacy Policy also govern your use of the site and are part of the legal and binding agreement between you and allergy-friendly.org. By using the Site, you explicitly agree to be bound by the provisions of the Privacy Policy. If you do not agree with any of the Privacy Policy’s provisions, please discontinue using the Site.

  1. CHANGES TO THE TERMS AND PRIVACY POLICY

Allergy-Friendly.org expressly reserves the right to make changes to both the Terms and the Privacy Policy at any time and for any reason that it, in its sole discretion, deems appropriate. Changes to the Terms and the Privacy Policy shall take immediate effect and will apply to all users. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit the Terms and Privacy Policy on a regular basis as revised versions will be binding on you.

  1. ALLERGY-FRIENDLY.ORG AND A-F CERTIFICATION IS NOT A SUBSTITUTE FOR USER VIGILANCE

The purpose of Allergy-Friendly.org, including the Site, is to provide a guide to allergy-friendly food establishments and promote food establishments that have demonstrated extra effort to be friendly to those with food allergies, food intolerances, or celiac disease. Though certification from Allergy-Friendly.org indicates that a food establishment has taken steps to safely serve diners with allergies, Allergy-Friendly.org cannot and does not guarantee that a food establishment will at all times use adequate processes or other safeguards to prevent cross-contact with allergens. Allergy-Friendly.org does not guarantee the safety of any food items.

The Site is in no way meant to be a replacement for your vigilance in contacting a food establishment to inquire about the ingredients and procedures relevant to your unique food needs. Allergy-Friendly.org assumes no liability for your experience at a food establishment.

Though we try to provide accurate information, Allergy-Friendly.org does not guarantee that the information provided on the Site is accurate or complete. It is your responsibility to evaluate the accuracy, completeness, and usefulness of the information provided on the Site. We reserve the right to modify, update, or discontinue the Site at our sole discretion.

Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site.

  1. ALLERGY-FRIENDLY.ORG DOES NOT OFFER MEDICAL ADVICE

Allergy-Friendly.org does not offer medical advice. Information provided on this Site is provided to you for informational purposes only. None of the information provided is 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.

Statements and opinions expressed on the Site should be considered as an opinion of the individuals who expressed them, and not the view, ideas, opinions, or advice of Allergy-Friendly.org.

  1. SITE USE RESTRICTIONS

You agree not to:

  1. Violate the Terms;
  2. Modify, reproduce, distribute, sell, or in any way exploit the Site;
  3. Use any robot or other automated means to access, retrieve, or index any portion of the Site;
  4. Access, retrieve or index any portion of the Site for purposes of constructing or populating a database;
  5. Take any action that imposes, in our sole discretion, an unreasonable load on our technology infrastructure;
  6. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site or features that enforce limitations on the use of the Site.
  1. USE OF YOUR INFORMATION

By using the Site, you consent to the terms and conditions of our Privacy Policy regarding the collection and use of your data and any data created by your use of the Site. You consent to the technical processing and transmission involved in your use of the Site.

  1. EMAIL POLICY

By submitting your email, you consent to initially receiving periodic emails from Allergy-Friendly.org. If you would like to stop receiving emails from Allergy-Friendly.org, please follow the directions to unsubscribe at the bottom of the emails you receive from Allergy-Friendly.org.

You will never receive email from any third party affiliated with Allergy-Friendly.org unless you have opted to receive such email. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent.

  1. LINKING POLICY

We may link to, or promote, websites or services from other companies, including food establishments. You agree that we are not responsible for examining or evaluating the content of their websites, and we do not warrant, in any express or implied way, the offering of any of those businesses or individuals, and do not control, those web sites or services.

  1. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER

All of the content featured or displayed on the Site (“Content”) is owned or licensed by Allergy-Friendly.org.

Pursuant to the copyright and trademark laws of the United States, you agree to all of the following:

  1. That you may only download Content that Allergy-Friendly.org designates as offered for download for personal and noncommercial use;
  2. To not reproduce, modify, or distribute any Content without specific written authorization from Allergy-Friendly.org;
  3. To maintain any and all trademark, copyright, or other proprietary notices attached to any Content;
  1. DISCLAIMER OF WARRANTIES

The site and all content on the site are provided to user on an ‘as is’ basis and without express or implied warranty of any kind.

Allergy-friendly.org 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.

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.

  1. LIMITATION OF LIABILITY

Use of this site and any external content is solely at your own risk. Allergy-Friendly.org may not be held liable for any damages arising out of or related to your use of the Site. In no event shall Allergy-Friendly.org be liable for any loss, injury, damage, claim or any special, punitive, exemplary, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with any use of the Site.

Allergy-Friendly.org is not liable for any loss, injury, damage, claim or any special, punitive, exemplary, 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 or patronage of a food establishment or business certified and promoted by Allergy-Friendly.org.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold Allergy-Friendly.org, its parents, subsidiaries, affiliates, any related companies, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to:

  1. your violation of the Terms;
  2. your access to or use of the Site;
  3. any products or services purchased or obtained by you in connection with the Site;
  4. the infringement by you, or any third party, of any intellectual property or other right of any person or entity.

Allergy-Friendly.org reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Allergy-Friendly.org in asserting any available defenses. You agree not to settle any matter without the prior written consent of Allergy-Friendly.org.

  1. SEVERABILITY

If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

  1. NO ASSIGNMENT

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, delegated, or assigned in any manner by you, the user, but may be so transferred, delegated, or assigned by Allergy-Friendly.org.

  1. WAIVER

The failure or neglect by a party to enforce any of rights under this agreement will not be deemed to be a waiver of that party’s rights.

 

  1. JURISDICTION

Tennessee law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Allergy-Friendly.org (a “Claim”), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Nashville, Tennessee.