User Agreement

Welcome to FoodFiltr.com! The User Agreement ("Agreement") of www.FoodFiltr.com, a website (the "Site") owned and operated by FoodFiltr, LLC ("FoodFiltr"), sets forth the conditions and terms under which users may access and use our resources and tools related to nutrition- and service-related information posting and commentary ("Services"). To become a FoodFiltr user ("User" and collectively, "Users"), you must read and accept all of the conditions and terms set forth in this User Agreement and the separate Privacy Policy. If you do not agree to be bound by the conditions and terms of this User Agreement, you may not use or access the FoodFiltr Services offered by this Site. FoodFiltr reserves the right to refuse or cancel Services without prior notice to any User for any or no reason.

This User Agreement may be modified at any time by FoodFiltr or any party designated by FoodFiltr without prior notice, by amending the terms contained within the User Agreement. Such modifications will become effective immediately upon their posting to this page. It is your obligation to review this Agreement on a regular basis to inform yourself of any changes that may have been made to the User Agreement. Your continued use of any of the FoodFiltr's Services denotes your acceptance of any such modified terms.

Please read this User Agreement carefully before using the Services. By accessing this Site or using any part of the Site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the Content or any Services in the Site. FoodFiltr's acceptance is expressly conditioned upon your assent to all of these terms and conditions, to the exclusion of all other terms.

Description of Services

Membership to FoodFiltr is free. Membership provides you access to certain tools and features of the website, including, but not limited to, (i) the ability to review gluten-free products and services; (ii) to receive notifications regarding the gluten-free status of products and services; and (iii) browse additional resources on nutrition and gluten-free products and services, including, articles, case studies, restaurant reviews and tips related to nutritional information. Members may remove information from their profiles at any time through their personal Account Homepage. Subject to the exceptions below (See "Proprietary Rights"), you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of our Site or the Services contained therein.

FoodFiltr reserves the right to alter the Service provided at any time without notice.

Membership Eligibility

The FoodFiltr Services are not available to persons under the age of 18 without the supervision of a parent or guardian or to any Users that may have been suspended or removed by FoodFiltr for any reason.

Registration and Responsibilities

To take full advantage of the benefits of our Services, it is strongly recommended that you open a free account with FoodFiltr and select a user name ("Screen Name") as well as a password. As a registered Member of FoodFiltr, you will be able to post Content and comment on the Content of others. You are accountable for maintaining the accuracy and confidentiality of your password and account. As a Member of FoodFiltr, you agree that you are fully responsible for all activities that occur under your password or account with or without your knowledge, and any misuse of your account in violation of this Agreement or the Privacy Policy that may result from the termination of your account. You further agree that all postings, messages, text, files, images, or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the account owner from whom such Content originated. In the event of any misuse or fraud related to your password or account, you must notify FoodFiltr immediately.

As a Member of FoodFiltr, you agree that you will not: (i) select or use a Screen Name which incorporates any part of a name subject to any rights to which you to do not have authorization; or (ii) select or use a Screen Name that is in any way offensive or obscene. The determination of whether a Screen Name violates this Section shall be in FoodFiltr's sole discretion, and FoodFiltr reserves the right to cancel any Member account or Screen Name for any reason, including violation of the terms of this Agreement.

As a Member of FoodFiltr, you agree that information and material provided by third parties, including other Members, cannot be verified by FoodFiltr and FoodFiltr is not in any way responsible for the Content made available by such third parties and not originated by FoodFiltr or its authorized agents. FoodFiltr does not guarantee the accuracy of such information and material in any way. FoodFiltr reserves the right to monitor User activity in order to ensure the accuracy of such information and material, but is not obligated to do so.

As a Member of FoodFiltr, you agree not modify or otherwise alter the content created by FoodFiltr or the Content posted by other Members on the FoodFiltr Site or reverse-engineer the Site code.

With the exception of RSS feeds and search engine indexes, the use of any automated or manual devices or software or other processes to "crawl" or "spider" any web pages contained in our Site is strictly prohibited. Notwithstanding the License Section below, you agree not to copy or monitor, or allow others to copy or monitor, the source-code of the Site or content generated by FoodFiltr. Furthermore, you agree not to take any action that interferes with the proper working of the Site, including, but not limited to, attempting to gain unauthorized access, placing an unreasonable burden on our infrastructure, unsolicited communications, or the activation or transmission of computer viruses.

As a Member of FoodFiltr, you will not use the FoodFiltr Services to harass or stalk another User, or for any other purpose or use that is prohibited by this Agreement or by law.

As a Member of FoodFiltr, you agree not to post, email or otherwise make available Content:

that is unauthorized or unsolicited advertising, including "junk e-mail," "spam," or other unsolicited promotional materials;
that infringes upon the intellectual property or otherwise proprietary rights of another User or FoodFiltr, including, but not limited to, copyrights, patents, trademarks or trade secrets;
that is illegal, obscene or pornographic as per the laws of the jurisdiction described in the Governing Law section below; and
that is false, deceptive or misleading or otherwise falsely associates yourself with any business or organization for which you are not an agent.

As a Member of FoodFiltr, you acknowledge and agree that:

you will not attempt to upload inaccurate Content to the Site;
you are willing to allow others to view and comment upon your posted Content; and
you will not attempt to promote or advertise anything other than your nutrition or service-related Content.

As a Member of FoodFiltr, you agree that you are authorized to publish your Content on our Site. Publication is an automatic process and FoodFiltr does not and cannot review every published item of Content and description.

Member Conduct

As a Member of FoodFiltr, you agree not to use the FoodFiltr Services in the following ways:

to communicate in any manner deemed abusive, defamatory, harmful, hateful, invasive of another's privacy, libelous, obscene, racist, sexist, threatening, tortious, unlawful, vulgar, or otherwise objectionable under the laws and regulations of the jurisdiction as described in the Governing Law Section below. Unless otherwise designated as an erotic or adult-themed, pornographic Content is strictly prohibited;
for any illegal purpose;
to misrepresent your qualifications, associations or identity;
to disclose, communicate or distribute Content or information that you do not have the right to disclose, communicate or distribute, in any way, including in ways that infringe on the copyright, trademark, patent, trade secret or other proprietary rights of others; or
collect e-mail or user information for the purposes of sending unauthorized or unsolicited material to users.

Dealings with Third Parties

Your correspondence or business dealings with, participation in promotions of, or purchase of goods and services from our advertisers, partners or sponsors found on or through the Services offered on our Site, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partners, advertisers or sponsors. You agree that FoodFiltr will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers, partners or sponsors on or through the Services.

Third Party Content & Monitoring

FoodFiltr is a distributor of Content supplied by Members. It functions as a common carrier of Content and merely provides an open forum for discussion of dietary and nutrition information, the use of which is for informational purposes only. We have no editorial control over Content posted on our Site.

Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by Members are those of the respective authors or publishers of that information and not those of FoodFiltr.

We have the right, but not the obligation, to monitor and review the Content and your account to determine compliance with this User Agreement and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor Content for accuracy or reliability, but that we and our designees shall have the right (but not the obligation), in our sole discretion, to remove any Content from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates this User Agreement, which we believe may create liability for us, or that we deem otherwise objectionable.

Communication by FoodFiltr

FoodFiltr may, from time to time, communicate with you and other Members via email and other methods of communication for the purposes of, but not limited to:

updating Members as to new, deleted or modified features and capabilities of the Site;
requesting the verification of information directly related to your Membership Account;
notifying Members of any offers provided by FoodFiltr; or
notifying Members of communications from third parties in the event that Members have previously agreed to accept such communications through FoodFiltr.

Termination

FoodFiltr may at any time, with or without cause, terminate your account and remove and discard any remaining posted information you may have posted on our Site for any of the following reasons, including, but not limited to:

violations or breaches of this User Agreement, Privacy Policy or other FoodFiltr agreements;
requests by the government, law enforcement or any other regulatory agencies;
a request by you to terminate your account to this email address: info@FoodFiltr.com;
any technical difficulties, including, but not limited to, the distribution from your account, in any manner, of computer-related viruses, spyware or malware; and
your inactivity as determined by FoodFiltr.

These reasons for termination are examples only, and FoodFiltr's right to terminate accounts shall not be limited to these reasons. As a Member of FoodFiltr, you agree that FoodFiltr has complete authority to terminate accounts, and any such termination may result in the denial of further access to your account and any related benefits conferred to you as a consequence of membership. You agree that FoodFiltr shall have no liability in the event that we terminate your account.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold FoodFiltr, and any of its affiliates, agents, directors, employees, officers, subsidiaries and other partners from and against any direct, indirect, incidental, special, consequential or exemplary damages resulting from: 1) your authorized or unauthorized use of your account and the FoodFiltr Services and Site, including any Content you submit or transmit through the Services; 2) unauthorized access to or alteration of your communications with or through the FoodFiltr Site; 3) any Content, viruses, links, advertisements, site malfunctions, miss-directions or any other events that may cause harm mentally, physically or to property; or 4) any other matter relating to the FoodFiltr's Services. Any business transactions arising between Users as a result of their use of FoodFiltr are solely the responsibility of the Users involved.

All Content presented on this Site is for informational purposes only and is not a substitute for professional advice, diagnosis or treatment, including the advice of a medical or nutritional professional. FoodFiltr does not recommend or endorse any specific opinions, practitioners, products, procedures, tests or other information that may be mentioned in the content of this website. You should quickly seek the advice of a qualified healthcare provider if you have any questions regarding your health or nutrition. In the event that you believe you have a medical emergency, we urge you to call 911 immediately.

Warranties

FoodFiltr expressly disclaims any and all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Services are provided on an "as is" and "as available" basis. No further communications between you and FoodFiltr will create additional warranties. Any use of this Site is done at the risk and discretion of the Users, and FoodFiltr expressly disclaims any and all warranties related to any and all damage resulting from the use of this Site. FoodFiltr makes no warranty that the FoodFiltr's Services will serve your needs and expectation, or will continue uninterrupted or error-free.

You agree that FoodFiltr does not assume any responsibility for the prompt delivery or retention of any Member communication or Member information or the accuracy of such Member communication or Member information.

You agree that any downloads or information obtained through the FoodFiltr Services is done at your own discretion and is not the responsibility of FoodFiltr. Damages to your computer system or loss of data as a result of such downloads or information obtained through the FoodFiltr Services are the sole responsibility of the User.

The website contains content provided by third parties as well as links to third party websites. FoodFiltr does not guarantee the accuracy, integrity or quality of the content of this information or the sites of these third parties. We provide these links for your convenience only. FoodFiltr does not endorse such other site or contents contained in their sites. The content contained in the sites of third parties is governed by the user agreements of those sites and we encourage you to consult their user agreements when dealing with third party websites.

Licenses

By using the FoodFiltr Services, you hereby grant FoodFiltr an irrevocable, non-exclusive, perpetual, royalty-free and unrestricted worldwide license to any and all information, material, and Content posted, uploaded or otherwise communicated by you, including, but not limited to, the right to edit, translate or otherwise modify such information and material in currently existing media or technology later developed. FoodFiltr grants to its Members a non-exclusive, non-transferable license to use any software provided by FoodFiltr on the Site for the sole purpose of enabling you to use FoodFiltr's Services. Further, FoodFiltr grants to its Members a limited, revocable, non-exclusive license to access our Site and its Services under the terms and conditions specified in this User Agreement. Use of our Site and its Services beyond the scope granted to you by FoodFiltr immediately terminates the above licenses.

Proprietary Rights

This Site, including its Contents and Services, is protected to the maximum extent permitted by federal and international copyright laws. Except as specifically authorized in the above "License" Section, the Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of FoodFiltr. You may interact with or download a single copy of any portion of the Content for personal, non-commercial use. However, any reproduction, modification, copying or creation of derivative work in whole or in part outside the scope of personal use is prohibited without express written consent from FoodFiltr or its authorized agents. You expressly agree to abide by all copyright notices displayed on our Site. You may not decompile or disassemble, reverse-engineer or otherwise attempt to discover any source-code contained in our Site for any reason without the express written consent of FoodFiltr. FoodFiltr reserves any rights not expressly granted by this User Agreement.

FoodFiltr does not claim ownership of content posted by its Users. However, by posting Content, you represent and warrant that you have the right to do so and also have the right to grant the license mentioned above (See "Licenses").

The business names, logos, and other materials displayed on the Site and in connection with the Services constitute trademarks, trade names, service marks or logos ("Marks") of FoodFiltr. All such Marks and the goodwill associated therewith remains with FoodFiltr.

Our proprietary rights to the Content and Services shall survive the expiration or earlier termination of this User Agreement.

Intellectual Property Infringement & Unlawful Conduct

To notify FoodFiltr of infringing or unlawful content, please provide the Copyright Agent or General Counsel of FoodFiltr with the following information:

Your name, address, telephone number and e-mail address;

A description of the exact location on the website of the infringing or unlawful content;

A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;

In the event that you believe that the content infringes your rights, please include a detailed statement that specifies your asserted rights and why the content infringes them;

In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and

A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damaged by the content.

FoodFiltr takes such notices very seriously. We will evaluate the provided notice and, if appropriate based on our sole discretion, remove the content or disable access to the content. Based on our judgment, we may notify the source of the content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such content, if the source of such content provides evidence that the content should not have been removed. We encourage you to seek the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another User.

FoodFiltr's Copyright Agent may be notified of claims of intellectual property infringement through the contact information below ("General"), attention General Counsel of FoodFiltr, LLC.

Liability

You expressly understand and agree that to the fullest extent permitted under applicable law, in no event will FoodFiltr or its officers, employees, directors, shareholders, affiliates, or agents be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or in any way related to:

Use or inability to use the Services or procuring substitute services resulting from any transactions or information purchased or obtained through our Services;
The deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services;
Use of or reliance on any Content, goods or services available on any other Sites that you access through the Services;
The failure of Users to comply with this User Agreement or our discretionary termination as defined above;
Unauthorized access to your account or alteration of your transmissions or data;
Statements or conduct of any third party on or through the Services, conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable, or any infringement of another's rights, including intellectual property rights;
Errors, omissions, or inaccuracies in the content of the Site;
The approval or termination of any account or the denial or approval of access to the FoodFiltr Services; and
Lost profits resulting from use of the FoodFiltr Services.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These limitations on liability shall survive the expiration or earlier termination of this User Agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Governing Law

This User Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law principles. In the event of any international dispute, you agree that jurisdiction over this Agreement shall be in the United States.

Severability

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect.

Arbitration

FoodFiltr reserves the right to handle through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association any controversy or claim arising out of or relating to this User Agreement or the Site, including disputes between Users. Such a controversy or claim will be arbitrated individually and not consolidated in any claim or controversy of another party. Such arbitration will be conducted in Suffolk County, Massachusetts, and judgment and/or equitable remedies on the arbitration award or in anticipation of arbitration may be entered in any court of competent jurisdiction in Suffolk County, Massachusetts.

General Information

If you have questions or have witnessed any violations of this User Agreement, please contact us at: info@FoodFiltr.com.