August 20, 2015
1. ACCEPTANCE OF TERMS
THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND NOMSY, LLC (“Nomsy”).
Please review the Terms carefully and completely before you continue to use the Site and/or Mobile App. If you do not agree with any of the Terms’ provisions, please discontinue using the Site and the Mobile App.
4. NOMSY IS A GUIDE ONLY
The purpose of Nomsy, LLC, the Site, and the Mobile App is to provide a guide to allergy-friendly meals, restaurants, and businesses. Nomsy does not guarantee that any of the information provided on the Site and/or Mobile App is accurate or complete.
The Site and the Mobile App provide a guide only that is in no way 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, Nomsy does not guarantee nor does it confirm that the restaurants and businesses associated with the Site and the Mobile App use adequate processes or other safeguards to prevent cross-contamination of allergens or other food products. Nomsy also does not guarantee nor does it confirm the safety of food items for certain allergies.
5. NOMSY DOES NOT OFFER MEDICAL ADVICE
Nomsy.co and its Mobile App do not offer medical advice. Information provided on this Site and the Mobile App 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.
Always consult your doctor or other qualified healthcare 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 the Site and/or the Mobile App.
Always verify the safety of any food products with respect to your unique allergy(ies) or intolerance(s) by contacting the particular restaurant and/or manufacturer to make sure that the foods are safe for your consumption. It is and remains your responsibility to evaluate the accuracy, completeness, and usefulness of the information provided on the Site and the Mobile App.
Statements and opinions expressed on the Site and the Mobile App should be viewed and used cautiously, and should be considered as an opinion of the individuals who expressed them, and not the view, ideas, opinions, or advice of Nomsy. Information and statements provided on the Site and the Mobile App have not been evaluated by the Food and Drug Administration.
In order to use certain portions of the Site and the Mobile App, you must complete a registration process. As a registered user of the Site and the Mobile App, you explicitly agree to:
1. Provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information being the “Registration Data”), and
2. 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 username. You and you alone are responsible for maintaining the confidentiality of your password and your user name, and you are fully responsible for all activities that occur under your password or username.
You also agree to:
1. Immediately notify Nomsy of any unauthorized use of your password or user name or any other breach of security and
2. DEFEND, INDEMNIFY, and HOLD HARMLESS Nomsy from any loss or damage arising from unauthorized use of your password or username.
7. USE OF YOUR INFORMATION
You consent to the technical processing and transmission involved in your use of the Site and/or the Mobile App, including, without limitation, your data, and you acknowledge that such process may involve:
1. Transmission of such data over various networks; and
2. Modifying such data to conform and adapt to technical requirements of connecting networks or devices.
8. EMAIL POLICY
By registering for the Site and/or Mobile App, you consent to initially receiving periodic emails from Nomsy. If you would like to unsubscribe from automatically receiving emails from Nomsy, please follow the directions to SafeUnsubscribe at the bottom of any of the emails you receive from Nomsy.
9. LINKING POLICY
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, in any express or implied way, the offering of any of those businesses or individuals, and do not control, those web sites or services.
Furthermore, Nomsy is not 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 Nomsy’s website or its Mobile App services and link to an external site and/or other mobile application or other service, the Nomsy 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. Nomsy 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.
10. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER
Nomsy owns the content of the Site. All of the content featured or displayed on the Site and Mobile App, 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 Nomsy. 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 to all of the following:
1. That you may only download Content that Nomsy 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 Nomsy, 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 or Mobile App, and to link to the Site and Mobile App only in accordance with our linking policy in accordance with the Terms; and
5. That by posting or submitting any text or other materials to the Site you grant Nomsy a royalty-free, transferable, permanent license for the worldwide use and/or sublicense of such materials on the Site and Mobile App and permission for users of the Site and Mobile App to download the material for personal noncommercial use.
11. NOTIFICATION OF COPYRIGHT INFRINGEMENT
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 Nomsy designated agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and e-mail address;
5. 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
6. 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 Nomsy notice of claims of copyright infringement on the Site to the following email address:
e-mail: [email protected]
THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.
12. DISCLAIMER OF WARRANTIES
THE SITE AND THE MOBILE APP AND ALL INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE AND THE MOBILE APP, INCLUDING, WITHOUT LIMITATION, THE SERVICES PROVIDED AND THE CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
NOMSY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED, THE SITE, THE MOBILE APP, 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 and the Mobile App, 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, Nomsy 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.
Nomsy will review user postings from time to time and at intervals that it, in its sole discretion, deems appropriate and will take steps to remove inappropriate postings that come to its attention.
13. LIMITATION OF LIABILITY
USE OF THIS SITE AND ANY EXTERNAL CONTENT IS SOLELY AT YOUR OWN RISK. NOMSY 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. NOMSY 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, NOMSY 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.
14. NOMSY DOES NOT ENDORSE OR GUARANTEE ANY POSTING
Nomsy wants to encourage an open exchange of information and honest reviews, but Nomsy cannot and does not review every posting made in blogs, message boards and other public posting areas of the Site and Mobile App. You can expect these areas to include information and opinions from a variety of individuals and organizations other than Nomsy and its agents or representatives.
Nomsy 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 absolutely no substitute for healthy skepticism and your own good judgment and it remains your responsibility to exercise both. If you choose to rely on any of the information contained in the postings on the Site or the Mobile App, you do so at your own risk.
Responsibility for what is posted in chat rooms, forums, and other public posting areas on the Site and the Mobile App lies with each individual user: YOU ALONE ARE RESPONSIBLE FOR MATERIAL YOU POST.
15. USER CONDUCT
The following user conduct (listed in items “(a)” through “(d),” below) is strictly prohibited. By using the Site and/or the Mobile App, you explicitly agree not to and will not assist, encourage, or enable others to use the Site to:
1. Post or transmit through the Site and/or Mobile App 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;
2. Post anonymously, post under more than one name or impersonate any other person;
3. Permit any other 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;
4. Post ratings or comments in a deliberate attempt to inflate or deflate a restaurant’s overall rating based on personal, financial or employment interests;
5. Post or transmit through the Site and/or Mobile App any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, or profane;
7. Post or transmit through the Site and/or Mobile App, any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by Nomsy to do so.
8. Gather any or all of the user email addresses posted in Nomsy blogs, message boards, or other public posting areas on the Site and/or Mobile App these email addresses for the purposes of spamming (sending unsolicited email).
9. Use the Site and/or Mobile App in any way that interferes with or disrupts the Site and/or Mobile App or servers or networks connected to the Site and/or Mobile App;
10. Upload, post, email, transmit or otherwise make available on or through the Site and/or Mobile App 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;
11. Circumvent or disable any security or data-protection measures implemented by Nomsy;
12. Solicit personal information from minors, or submit or transmit pornography; or
13. Violate any applicable law.
While Nomsy cannot and does not monitor all the postings in the blogs, message boards, and other public areas of the Site and the Mobile App, Nomsy expressly reserves the right (but assumes no obligation whatsoever) to delete, move or edit any postings that come to its attention that Nomsy, in its sole discretion, considers unacceptable or inappropriate, whether for legal or other reasons.
Nomsy will not, in the ordinary course of business, review private electronic messages that are not specifically addressed to it or members of its staff. However, Nomsy will comply with any applicable legal requirements regarding disclosure of such messages to others, including law enforcement agencies.
16. USER RESPONSIBILITY FOR POSTINGS
You agree to assume full and sole responsibility for any postings you make to the Site and/or Mobile App. You represent and warrant to Nomsy that:
1. You have all rights necessary to provide and modify the information and data, if any, that you upload to the Site or Mobile App, and that such data does not violate or infringe the copyright, trademark, intellectual property, or other rights of any third party;
2. 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 or the Mobile App;
3. Use of the Site and/or Mobile App by you will not interfere with or disrupt the Site, the Mobile App, or servers or networks connected to the Site or the Mobile App;
4. 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;
5. You have the full power, authority and right to or have been authorized to enter into transactions and execute licenses; and
6. You will not circumvent or disable any security or data-protection measures implemented by Nomsy.
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.
Any conduct by any user that, at the discretion of Nomsy, restricts or inhibits any other user from using or enjoying the Site will not be permitted. Nomsy 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, NOMSY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
17.LINKS AND NOMSY
18. CHILDREN AND NOMSY
Nomsy is not directed at people under the age of 13, and nomsy does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing reddit, please contact us.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Nomsy; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site and the Mobile App from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. Nomsy 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 Nomsy 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.
21. NO ASSIGNMENT
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by you, the user, but may be so transferred, assigned or delegated by Nomsy, LLC.
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 the Commonwealth of Michigan, without regard to any choice of law provisions. Both Nomsy and you (the “Parties”) hereby consent to the jurisdiction of the state and federal courts located in Washtenaw County, Michigan.