Last Updated: April 10, 2017
We know that reading legal documents is super boring and you’re probably getting really hungry. That being said, it’s import for you to understand our terms so here’s the too long did not read.
- SafeToEat is a guide to eating healthy and safely during pregnancy. When my wife was pregnant, we found it challenging to eat healthy and safely. We needed this app so we built it to make it easier for you.
- SafeToEat pulls its information from highly reputable sources like the FDA, American Pregnancy Organization, to name a few, but it is not a substitute for professional medical advice. Use of this app does not create a physician-patient relationship nor is it intended to do so. Therefore, you assume full responsibility for how you use information provided.
- We greatly respect your privacy and we will not share any of your personal information with other sites unless you explicitly authorize us to do so when using social sharing features via sites like Facebook and Twitter.
If you’re interested in reading the legal jargon, here’s the full document in legalese.
CREDITS & REFERENCES
The App has sourced from the following:
• American Pregnancy Association: http://americanpregnancy.org
• Centers for Disease Control and Prevention (CDC): https://www.cdc.gov/
• U.S. Food & Drug Administration (FDA): https://www.fda.gov
• Livestrong: http://www.livestrong.com
• Freepik: http://www.freepik.com
The SafeToEat application (“App”) is a guide to eating healthy and safely during pregnancy. The App may allow you to provide social commentary based on your experiences (“Content”).
Before viewing, using, or interacting with our App you must first agree to these Terms and Conditions (“Terms”). When we say “you” we mean the person who is viewing, interacting, or registering with our App, along with anyone that they may represent. When we say “SafeToEat,” “us,” “our” or “we,” we are referring to the owner of the App and its successors and assigns.
In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the App or to a service or product offered via the App (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
SafeToEat respects your privacy. This Agreement, along with our Privacy Notice and any other agreements will govern our relationship. Our privacy notice governs the use of information collected from or provided by you to the App. A complete statement of our current privacy notice can be found below. Please read it carefully before using the App.
3. Description of Service
The SafeToEat application (“App”) is a guide to eating healthy and safely during pregnancy. The App is not intended for use by persons under the age of 13 and we require all of our users to be at least 13 years old.
4. Accounts and Profiles
In order for you to access the App we may require that you create a unique account to associate with a profile. You may be required to provide us with information, which includes, but is not limited to, your name, address, email address, a unique login name and password. The App practices governing any resulting collection and use of your personal information are disclosed in its Privacy Notice. It is your responsibility to also keep this information updated and accurate. We may also allow you to use a third party application program interface (“API”) such as Facebook Connect to sign up for our App. Whenever you use this feature, certain information will be transferred from the third party account and will populate your profile here at SafeToEat. It is important to read and understand that third party’s privacy and information sharing practices and principles. More importantly, you will be making certain information publicly viewable. Most APIs and third party services contain separate terms and conditions and have their own privacy policies. Please be sure to become familiar with those separate policies, as they are separate and distinct from SafeToEat.
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password). You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We are not liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by SafeToEat, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
5. App Content and Ownership
The App (including past, present, and future versions) and the Content are owned or controlled by SafeToEat and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the App is the property of SafeToEat or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. SafeToEat owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the App.
The App contains a variety of: (i) materials and other items relating to SafeToEat and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the App, and the compilation, assembly, and arrangement of the materials of the App and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of SafeToEat (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
6. Content You Submit
A. General. SafeToEat may now or in the future offer users of the App the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the App (collectively, “submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). SafeToEat may allow you to do this through forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
B. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the App’s posted Privacy Notice or any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) SafeToEat does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon SafeToEat’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.
In your communications with SafeToEat, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the App are deemed User-Generated Content and licensed to us as set forth below. In addition, SafeToEat retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.
C. License to SafeToEat of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your User-Generated Content, you hereby grant to SafeToEat, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services.
In order to further affect the rights and license that you grant to SafeToEat to your User-Generated Content, you also hereby grant to SafeToEat, and agree to grant to SafeToEat,, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(C).
D. Exclusive Right to Manage Our App. SafeToEat may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and SafeToEat may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms. Such User-Generated Content submitted by you or others need not be maintained on the App by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the App or elsewhere.
7. Our Rules
We may, but are not obligated to, provide our users with the ability to post and receive messages from other SafeToEat-listed users or allow you to participate in video or live chats with your friends or other users. It is your responsibility to maintain proper etiquette, and we reserve the right to terminate the account for anyone who violates our policies. We also do not monitor any particular chat, but reserve the right to delete, or filter any User-Generated Content or username for any reason. If someone posts something that is offensive or objectionable please let us know and we will do our best to accommodate you. We do not, however, assume any obligation to remove such User-Generated Content.
You may share videos and music that is hosted on a third party website (i.e., Youtube, Soundcloud, etc.) but only if it does not conflict with their terms or any applicable law. You may not, however, share, post or otherwise communicate any content (video, audio, or text) that is unlawful, threatening, violent, pornographic, harassing, obscene, racist, defamatory, or otherwise objectionable. We reserve the right to determine what is objectionable at our sole discretion.
In addition to the above, you agree that you will not:
- 1. Don't spam. Please do not post any graphics, text, photographs, images, video, audio or other material that constitutes junk mail or spam. Please do not repeat the same posting multiple times in a day or week.
- 2. Don't be obscene. You agree not to use any obscene, indecent, or offensive language or to post any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. Please refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks. Don’t use any sexually explicit language or post any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
- 3. Don’t infringe on anyone’s copyright. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the App, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
- 4. Don’t engage in criminal behavior. You may not post any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
How we react to your violation of any of these Terms does not mean we will treat everyone the same. We may do anything from yell at you, temporarily suspend your account, ban you, or haul you into Court.
8. Sharing Videos and Music
SafeToEat may permit you to share videos with your friends. We may also allow you to use video or live chat to discuss the video as it is playing. Please note, however, that we do not host any User-Generated Content ourselves. Instead, you must use our platform to share your video from the third party video hosting website. You agree that you will be responsible for the User-Generated Content you upload, and that nothing you share will infringe on the rights of anyone. Furthermore, you warrant you have the ability to grant the right to share such User-Generated Content without any obligation to pay any royalties to any copyright owner. You will be responsible for the payment of any royalty and any associated damages, fees, fines or penalties, in the event we find out you have shared User-Generated Content in violation of another’s intellectual property rights
Not to sound like a broken record, but we have to make sure you understand that you will be responsible for any User-Generated Content that you upload, including the consequences of any infringement. By sharing any User-Generated Content you are, in essence, utilizing a third party license to distribute and share User-Generated Content. You may only do this if the App from which you are linking has given you a license to share such User-Generated Content in the manner contemplated. If it does not, then you cannot share that User-Generated Content.
9. DMCA Notices
SafeToEat has no sense of humor when it comes to intellectual property infringement. In using the App, you must respect the intellectual property and other rights of SafeToEat and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. SafeToEat respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the App, then you may request removal of the posting according to the terms of our DMCA policy detailed below.
We will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers. It is also our policy to accommodate and not interfere with standard technical measures we determine are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works. We retain the discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented. Submission of false or misleading information in connection with our DMCA policy may result in termination of your account or other penalties we deem appropriate under the circumstances.
10. Terms of Sale
A. Generally. To purchase any products or services on our App, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. If you wish to purchase any products or services on the App and are under the applicable age of majority in your jurisdiction of residence, you must have your parents’ permission to do so. Prior to the purchase of any products or services on our App, you may be required to provide us or our credit card processing company with a valid credit card number and associated payment information, including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us or directly to our credit card processor, you hereby agree that you authorize us and/or our processor (as applicable) to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service that you order on the App, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. We will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
B. Methods of Payment, Credit Card Terms and Taxes. All payments must be made through your PayPal account or through Visa, MasterCard or American Express (or other form of payment specifically accepted on the App) and also be in a currency permitted to be used on the App. We currently do not accept cash, personal or business checks or any other payment form through the App, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. For example, if you purchase with a credit card that is issued through a bank that is based outside of the United States, your bank or our bank may charge foreign transaction fees and other similar currency exchange fees and you agree to reimburse us for any such fees or charges, if charged to us, upon our demand. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. We shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
C. No Return Policy. Our current return policy does not permit any returns at this time.
D. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by us upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with us has been effected until you receive a confirmation from us via email or the App. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.
E. No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product or service offered on this App as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the App is complete, accurate, reliable, current or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, we have the right to refuse or cancel any orders, in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply.
F. Modifications to Prices or Billing Terms. The purchase of products and services on the App is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE APP MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.
11. Disclaimer and Limitation of Liability
SafeToEat provides its App to you on an “as is” and “as available” basis. SafeToEat cannot guarantee that the App or its content is error free and makes no representations about the technical accuracy or functionality of the app or that the Content is accurate, error free or up to date. SafeToEat makes no representations – your use of the App is at your sole risk. We do not warrant that any information provided is accurate, reliable, up-to-date or correct, or that the App will be available at any particular time or in any particular location. We also do not guarantee that the App is free from viruses or other harmful components.
SafeToEat and its affiliates, shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your use of the Website, the sale or purchase of any goods or merchandise, your access to or inability to access the website, including for viruses alleged to have been obtained from the website, your use of or reliance on the website or any of the merchandise, information or materials available on the website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states (including, but not limited to: Alabama, Arizona, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Vermont, Washington, West Virginia, and the District of Columbia), may not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this site. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.
12. Linked Sites
This App may link to or be linked from other websites that are not maintained by, or related to, SafeToEat. SafeToEat does not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge that SafeToEat has not reviewed and does not endorse the content of all sites linked to from this App and is not responsible for the content or actions of any other sites linked to from this App. Your linking to any service or site is at your sole risk.
You agree to indemnify, defend and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any claim, action, demand, liability, judgment, or damage, including reasonable attorneys’ fees, arising out of or related to your use of the Appand/or your violation of these Terms, including, without limitation, the infringement by you in your User-Generated Content or any other user of your account, of any intellectual property or other right of any person or entity. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
14. Choice of Law
We wish to make things as simple as possible in applying this Agreement to our users, and we can’t do that if a different jurisdiction’s law applies for each user who signs up based on where they live. Therefore, you agree that this Agreement is subject solely to and shall be interpreted in accordance with the laws applicable in the State of California, USA, without regard to its conflicts of law provisions.
15. Dispute Resolution
Certain portions of this Section 15 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and SafeToEat agree that we intend that this Section 15 satisfies the “writing” requirement of the Federal Arbitration Act.
A. First – Try To Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the App, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of SafeToEat’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 15(D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 15(A). Your notice to us must be sent to: firstname.lastname@example.org. For a period of sixty (60) days from the date of receipt of notice from the other party, SafeToEat and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or SafeToEat to resolve the Dispute or Excluded Dispute on terms with respect to which you and SafeToEat, in each of our sole discretion, are not comfortable.
B. Forums For Alternative Dispute Resolution. If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 15 is enforceable, the following mandatory arbitration provisions apply to you:
- (i) Arbitration. If we cannot resolve a Dispute as set forth in Section 15.A within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 15.B. If we cannot resolve an Excluded Dispute as set forth in Section 15.A within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and SafeToEat consent, in a writing signed by you and an officer or legal representative of SafeToEat, to have that Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 15.B.
Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if SafeToEat elects, in its sole discretion, to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and SafeToEat do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 15.B(i), then this paragraph and the remainder of this Section 15.B will not apply to the Excluded Dispute.
If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration App that you and an officer or legal representative of SafeToEat consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for a the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration App.
You can obtain AAA and JAMS procedures, rules, and fee information as follows:
- (ii) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require SafeToEat to pay a greater portion or all of such fees and costs in order for this Section 15 to be enforceable, then SafeToEat will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
C. Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 15.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
D. Injunctive Relief. The foregoing provisions of this Section 15 will not apply to any legal action taken by SafeToEat to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the App, any Content, your User-Generated Content and/or SafeToEat’s intellectual property rights (including such SafeToEat may claim that may be in dispute), SafeToEat’s operations, and/or SafeToEat’s products or services.
E. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 15.G.
F. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 15.B(i) holds that this restriction is unconscionable or unenforceable, then our agreement in Section 15.B to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 15.G.
G. Federal and State Courts in Los Angeles. Except to the extent that arbitration is required in Section 15.B, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and SafeToEat consent to the exclusive personal jurisdiction and venue of such courts for such matters.
16. Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE APP, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, APP, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SAFETOEAT (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF SAFETOEAT.
17. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), any third party site being down, communication disruption, failure or shortage of infrastructure, zombie attacks, shortage of materials, or any other event beyond our control.
18. Cancellation of Service
You agree that we may cancel our service or the App at any time, for any reason, without warning or compensation, even if we have been advised that it may result in a loss to you or any other party.
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unlawful or unenforceable provision being included in it.
20. Update to Terms
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the App to which it applies, shall govern such use (including transactions entered during such use). AS OUR APP EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE APP MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE APP UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE APP YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE APP (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE APP AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of App and any applicable Additional Terms each time you use the App (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the App will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account and the e-mail you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the App and related services.
21. Investigations; Cooperation with Law Enforcement; Termination; Survival
SafeToEat reserves the right, without any limitation, to: (i) investigate any suspected breaches of its App security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by SafeToEat in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the App, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to SafeToEat in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
22. International Use.
The App is controlled and operated from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Access to this App from countries or territories where such access is illegal is prohibited. Those who choose to access this website outside the United States do so on their own initiative and are responsible for compliance with local laws.
The SafeToEat application (“App”) is a guide to eating healthy and safely during pregnancy. The App may allow you to provide social commentary based on your experiences (“Content”).
We respect your privacy and the security of your personal information, and we want to do as much as we can to protect it. Because of this, we have created this Privacy Notice to govern how we deal with your personal information.
This Privacy Notice tells you when it was last updated, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this Notice, and the steps we take to ensure that your personal information is protected. You are entitled to know once a year what information, if we share any with other businesses and for what purposes. Please request this information by contacting us at email@example.com. By using the App, you consent that we may process the data that we collect from you in accordance with this Privacy Notice.
2. Effective Date and Changes to this Notice
This Privacy Notice is effective as of the date above, and will remain in effect until a new Notice supersedes it. We may choose to update this Notice at our discretion, so you should review these terms periodically as the terms may change from time to time. The most recent version of the Notice will be reflected by the “last updated” date noted at the bottom of the page. Your continued use of the App will constitute your acknowledgment of the Notice in its current version and your understanding of the terms of the Notice.
3. Information We Collect
“Personal Information” means data that allows someone to identify or contact you, including, for example, your name, phone number, zip code, and e-mail address. “Non-personal information” means data about you that does not identify you personally. We collect Personal Information and Non-personal information, as described below.
- A. Personal Information In order for you to sign up for our service, we ask for personal information from you including your e-mail address that can be used to identify you personally. In addition, we utilize third party APIs like Facebook Connect, Twitter OAuth, and other APIs that allow you to transfer your profile information from those Sites to ours depending on your settings on those Sites. We are not responsible for any information that does not transfer or if any information is inaccurate. Your use of any of the video or chat features may be recorded or logged by our servers. We may use this data to improve our App or Platform, or to determine how best to provide marketing opportunities to you. We use the above referenced information to contact you regarding your account, assist in customer service and support, and to improve our App. We also use the information we collect to send periodic communications to you regarding updates to our App, new features, and marketing opportunities that we think you may find interesting. We may send you periodic emails that concern updates or features. If you feel that you are receiving unwanted messages from us (which we hope isn’t the case!) then please use the unsubscribe button to remove yourself from our list. Please allow for up to ten (10) business days to process the removal.
- B. Anonymous Information We may collect information about you that does not identify you personally. When you access our App, we may collect such things as your IP address, device type, operating system, and other information that helps us know about the general nature of our visitors. We use this information to improve our App.
4. Cookies and Other Data Collected
Social media tools, like widgets and plug-ins, are used so you can share information from the App on other Apps such as Facebook and Twitter. These interactive mini-programs collect your IP address, record the pages you visit on our webApp, and set cookies that will enable the widget to function properly. Your interactions with these widgets are governed by the Privacy Notice of the company providing them, not by this Privacy Notice. We also may use the Facebook and Twitter pixel tags to help us understand how effective our marketing is on those Apps.
To make the App and related services more useful to you, our servers (which may be hosted by a third-party service provider) collect Personal Data and Anonymous Data from you, such as device type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
We also may use tracking cookies to help ourselves or third party advertisers increase the effectiveness and quality of, and interest in, our marketing programs, or for other advertising or marketing purposes.
Any advertisements served by Google, Inc., and affiliated companies may be controlled using cookies. These cookies allow Google to display ads based on your visits to this App and other Apps that use Google advertising services. Learn how to opt out of Google’s cookie usage. As mentioned above, any tracking done by Google through cookies and other mechanisms is subject to Google’s own privacy policies.
Your use of the App may require that you have cookies turned on, depending on your login preferences.
5. User Content
6. Third Party Apps
Our App may display links to third party Apps or Content that is being displayed from a third party App. Anytime you encounter a link to a webApp outside of the App, you should know that we have no control over that webApp. We recommend that you consult those webApps privacy policies, terms of service, and other similar documents when using them.
You may also have the ability to interface, through the use of APIs, with third party webApps such as social webApps like Facebook and Twitter. These features may collect your IP address and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our App. Your interactions with these features are governed by the Privacy Notice of the company providing it. SafeToEat is not responsible for any breaches of privacy that may arise from the use of these third party webApps.
7. Ways you might share your data
SafeToEAt does not sell your personal information or general information to third parties. However, in the future, we may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. For example, your data may be transferred to parties who assist in designing and operating the App, executing services, or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by service partners is governed by the privacy policies of those service partners and is not subject to our control.
Your traffic and transaction information may be shared with our business partners and advertisers on an aggregate and anonymous basis. We may also draw inferences from this information, aggregate this information, and use this information to inform the operation of the App, enhance your experience, or for any other lawful purpose. Such information shall be governed by this notice in the same manner as any other personal information.
We may host data with third parties and allow third parties to access, maintain, or otherwise use your information for purposes that we deem conducive to improving our business and service. We will strive to always deal with reputable providers, but we cannot make any guarantees. As such, you hereby agree that we are not liable for any privacy breaches that may occur as a result of the actions of third parties. In addition, how you interact with our App may be shared with the third party service that you used to login, which means you are also storing information on their servers, which is governed by their own agreements.
8. Disclosure of Your Information for Security Purposes
SafeToEat fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. If we receive such a request we may, but are not required to, notify you of such request and give you an opportunity to respond.
9. How Does SafeToEat Keep my Data Safe?
SafeToEat uses a combination of technical and administrative security controls to maintain the security of your data. In addition to physical security measures such as limiting the number of persons who have access to your information, SafeToEat uses a number of technological security measures to keep your information safe. If you have a security-related concern, please contact us a firstname.lastname@example.org.
10. Children’s Online Privacy Protection Act
The App is not intended for users under the age of 13. We do not knowingly or intentionally gather personal data about visitors who are under the age of 13 and we do not allow users on our App who are under the age of thirteen years old. If you are aware of, or suspect that, someone under the age of 13 is using the App without permission, please notify us immediately by contacting us at email@example.com. If we suspect that, or you are reported, as being in violation of our age policy, we may freeze your account and require that you submit satisfactory proof of age before you may continue using our service.
If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.
11. California Online Privacy Protection Act
We fully comply with California’s privacy legislation as it relates to dealing with California’s residents. If you have any questions about your rights under this Privacy Notice, please contact us at firstname.lastname@example.org for more information.
12. Users from outside the United States
The App is hosted and operated entirely in the United States and is subject to United States law. Any personal information that you provide to SafeToEat is being transferred to SafeToEat for use solely in the United States and will be hosted on United States servers. You consent to the transfer of your personal information to the United States. If you are accessing the App from outside the United States, please be advised that United States law may not offer the same privacy protections as the law of your jurisdiction.
To the extent we are required and capable, we maintain our App and information collection practices in a way that conforms with most laws. If you are from a jurisdiction whose information collection practices differ from ours, please notify us so that we may take necessary action. This may include terminating your account and deleting your information. We are committed to resolving those issues, so if you have any questions about how we collect or use your information you may email us at email@example.com.
13. Deactivating your account
You may deactivate your account at any time by contacting us at firstname.lastname@example.org. When submitting your request, please let us know what led you to deactivate your account. Your feedback is greatly appreciated, and will help us to better accommodate members of the community.
14. Questions or Comments
If you have any questions or comments relating to the SafeToEat App or this Privacy Notice, send an e-mail to email@example.com.
Last Updated: April 10, 2017
Submitting a Copyright Takedown Notice:
If you believe your copyright-protected work was posted on the App without authorization, you may submit a copyright infringement notification.
SafeToEat has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of SafeToEat or of a third party, or otherwise violated any intellectual property laws or regulations. SafeToEat’s policy is to investigate any allegations of copyright infringement brought to its attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SafeToEat to delete, edit, or disable the material in question, you must provide SafeToEat with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our designated copyright agent set forth below:
- (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SafeToEat to locate the material;
- (d) information reasonably sufficient to permit SafeToEat to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Be sure to consider whether fair use, fair dealing, or a similar exception exists.
For this notification to be effective, you must provide it to firstname.lastname@example.org; an electronic signature is acceptable.
Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded or otherwise placed the allegedly infringing material on the APP that we have removed or disabled access to such material.
If you believe that material has been removed improperly, you must send a written counter notification to the email@example.com, and include:
- (a) an electronic signature of the user;
- (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- (c) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- (d) the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the original notification or an agent of such person.
Upon receipt of a counter notification complying with the foregoing requirements, we will promptly provide the person who provided the original notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days, unless we receive notice that the original notifier has notified the designated agent for the counter notifier that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.