Term’s & Condition’s

TERMS & CONDITIONS

TERMS OF SERVICE – USER AGREEMENT

Last Updated on July 4, 2018. These updated Terms of Service are effective immediately for those with pre-existing accounts and those registering accounts after July 4, 2018.

  1. ACCEPTANCE OF TERMS

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ALLERGY DINER (“Allergy Diner”).

The Terms and the AllergyDiner Privacy Policy (the “Privacy Policy”) govern your use of the AllergyDiner website (www.allergydiner.com) (the “Site”). By using the Site, you explicitly agree to be bound by the provisions of the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site.

Please review the Terms carefully and completely before you continue to use the Site. If you do not agree with any of the Terms’ provisions, please discontinue using the Site.

  1. PRIVACY POLICY

THE TERMS AND CONDITIONS OF THE PRIVACY POLICY ALSO GOVERN YOUR USE OF THE SITE AND ARE PART OF THE LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ALLERGY DINER.

AllergyDiner is fully committed to safeguarding your privacy online. Please carefully and completely review our privacy policy to understand our practices. By using the Site, you explicitly agree to be bound by the provisions of the Privacy Policy. If you do not agree with any of the Privacy Policy’s provisions, please discontinue using the Site.

  1. CHANGES TO THE TERMS AND PRIVACY POLICY

AllergyDiner expressly reserves the right to make changes to both the Terms and the Privacy Policy at any time and for any reason that it, in its sole discretion, deems appropriate. Changes to the Terms and the Privacy Policy shall take immediate effect and will apply to all pre-existing accounts and those accounts registering after the date of the changes without limitation. Users who have successfully registered with AllergyDiner shall receive email notification of any substantive changes to the Terms or Privacy Policy within ten days of their taking effect. Despite these efforts to notify you of substantive changes, all users should check this page periodically to stay abreast of any changes to the Terms.

  1. ALLERGY DINER IS A GUIDE ONLY

The purpose of AllergyDiner, the Site, is to provide a guide to allergy-friendly restaurants and businesses. AllergyDiner does not guarantee that any of the information provided on the Site is accurate or complete.

The Site provides 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, AllergyDiner does not guarantee nor does it confirm that the restaurants and businesses associated with the Site use adequate processes or other safeguards to prevent cross-contamination of allergens or other food products. AllergyDiner also does not guarantee nor does it confirm the safety of food items for certain allergies.

  1. ALLERGY DINER DOES NOT OFFER MEDICAL ADVICE

AllergyDiner.com does not offer medical advice. Information provided on this Site and 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 health care 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.

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.

Statements and opinions expressed on the Site 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 AllergyDiner. Information and statements provided on the Site have not been evaluated by the Food and Drug Administration.

  1. REGISTRATION

In order to use certain portions of the Site, you must complete a registration process. As a registered user of the Site, 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 user name. 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 user name.

You also agree to:

  1. Immediately notify AllergyDiner of any unauthorized use of your password or user name or any other breach of security and
  2. DEFEND, INDEMNIFY, and HOLD HARMLESS AllergyDiner from any loss or damage arising from unauthorized use of your password or user name.
  3. USE OF YOUR INFORMATION

By using the Site, you consent to the terms and conditions of our Privacy Policy regarding the collection and use of your data, including, without limitation, Registration Data, by AllergyDiner and the processing of such data by AllergyDiner in connection with your use of the Site.

You consent to the technical processing and transmission involved in your use of the Site, 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.
  3. EMAIL POLICY

By registering for the Site, you consent to initially receiving periodic emails from AllergyDiner. If you would like to unsubscribe from automatically receiving emails from AllergyDiner, please follow the directions to SafeUnsubscribe at the bottom of any of the emails you receive from AllergyDiner.

You will never receive email from any third party affiliated with AllergyDiner, such as a restaurant, unless you have affirmatively opted to receive such email. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent.

  1. LINKING POLICY

We may link to, or promote, websites or services from other companies, including 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, AllergyDiner 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 AllergyDiner’s website and link to an external site and/or other mobile application or other service, the AllergyDiner 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. AllergyDiner 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.

  1. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER

AllergyDiner owns the content of the Site. All of the content featured or displayed on the Site, 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 AllergyDiner. 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.

  1. DISCLAIMER OF WARRANTIES

THE SITE 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.

ALLERGYDINER 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, 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, AllergyDiner 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.

AllergyDiner 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.

  1. LIMITATION OF LIABILITY

USE OF THIS SITE AND ANY EXTERNAL CONTENT IS SOLELY AT YOUR OWN RISK. ALLERGYDINER 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. ALLERGYDINER 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, ALLERGYDINER 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.

  1. ALLERGYDINER DOES NOT ENDORSE OR GUARANTEE ANY POSTING

AllergyDINER wants to encourage an open exchange of information and honest reviews, but AllergyDiner cannot and does not review every posting made in blogs, message boards and other public posting areas of the Site. You can expect these areas to include information and opinions from a variety of individuals and organizations other than AllergyDiner and its agents or representatives.

AllergyDiner 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, you do so at your own risk.

Responsibility for what is posted in chat rooms, forums, and other public posting areas on the Site lies with each individual user: YOU ALONE ARE RESPONSIBLE FOR MATERIAL YOU POST.

  1. USER CONDUCT

The following user conduct (listed in items “(a)” through “(d),” below) is strictly prohibited. By using the Site, 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 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 any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, or profane;
  6. Post or transmit through the Site any material that encourages criminal conduct, a violation of the Terms or Privacy Policy, or that may give rise to civil liability.
  7. Post or transmit through the Site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by AllergyDiner to do so.
  8. Gather any or all of the user email addresses posted in AllergyDiner blogs, message boards, or other public posting areas on the Site these email addresses for the purposes of spamming (sending unsolicited email).
  9. Use the Site in any way that interferes with or disrupts the Site or servers or networks connected to the Site;
  10. Upload, post, email, transmit or otherwise make available on or through the Site 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 AllergyDiner;
  12. Solicit personal information from minors, or submit or transmit pornography; or
  13. Violate any applicable law.

While AllergyDiner cannot and does not monitor all the postings in the blogs, message boards, and other public areas of the Site, AllergyDiner expressly reserves the right (but assumes no obligation whatsoever) to delete, move or edit any postings that come to its attention that AllergyDiner, in its sole discretion, considers unacceptable or inappropriate, whether for legal or other reasons.

Further, should any person(s) violate any of the provisions of the Terms, the Privacy Policy, or otherwise engage in any conduct that AllergyDiner, in its sole discretion, considers unacceptable or inappropriate, AllergyDiner expressly reserves the right to discontinue individual memberships to the Site and prohibit or suspend any person from registering for, accessing, posting on, or otherwise using the Site.

AllergyDiner 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, AllergyDiner will comply with any applicable legal requirements regarding disclosure of such messages to others, including law enforcement agencies.

  1. USER RESPONSIBILITY FOR POSTINGS

You agree to assume full and sole responsibility for any postings you make to the Site. You represent and warrant to AllergyDiner that:

  1. You have all rights necessary to provide and modify the information and data, if any, that you upload to the Site, 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;
  3. Use of the Site by you will not interfere with or disrupt the Site, or servers or networks connected to the Site;
  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 AllergyDiner.

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 AllergyDiner, restricts or inhibits any other user from using or enjoying the Site will not be permitted. AllergyDiner 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.

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, ALLERGYDINER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AllergyDiner; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable laywer’s fees, resulting from any violation of these Terms. AllergyDiner reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with AllergyDiner in asserting any available defences.

  1. SEVERABILITY

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.

  1. WAIVER

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.