Terms of Use
for
Food Allergy Mama, Inc.

PLEASE READ THESE SITE TERMS AND CONDITIONS OF USE VERY CAREFULLY. If you access or use the foodallergymama.com website (“Site”), you agree to be bound by these Terms of Use (collectively, the “Terms”) each time you access or use this Site.  The Site is designed to provide online information to our visitors and/or users (“You” or “you”) for products and services provided by Food Allergy Mama, Inc. (“FAM”).  The use of this Site and the products and services offered on this Site are governed by these Terms.  FAM reserves the right to modify or otherwise change these Terms at any time without notice to you.  Therefore, FAM recommends that you carefully review these Terms each time you access or use this Site.  By accessing or using the Site, you agree to be legally bound by these Terms just as if you had signed these Terms.   If you access or use the Site after FAM posts a change to these Terms, you agree to be bound by such change which is effective upon posting.  If you do not intend to accept the change, you must immediately terminate access or use of the Site. This Site is available only for your personal, non-commercial use.  You agree and continue to agree to use this Site in a manner consistent with the applicable laws and regulations and in accordance with these Terms.

Site Content

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material including, but not limited to, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). This Site is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Site Content is the property of FAM or the party credited as the provider of the Content.  FAM and third party content providers also own copyrights in the original content on the Site. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content. Subject to your compliance with these Terms of Use, you may download or print one copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree that you cannot download, copy or use Site Content for uses other than your personal, noncommercial use without the express prior, written consent of FAM and, as applicable, its licensor(s). You acknowledge and agree that you have no ownership rights in any Site Content.

Third Party Services and Content

This Site contains content supplied by parties other than FAM (“Third Party Content,”).  Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any third party, including through any Third Party Content, are those of the respective author(s) or distributor(s) and not of FAM. FAM is not responsible for such information or materials, including errors or omissions in such information or materials or results obtained by using such information or materials, and shall not be liable for any loss or damage caused by your reliance on such information or materials. FAM does not guarantee the accuracy, completeness, or usefulness of any Third Party Content or such information or materials.  FAM does not endorse any third party, nor does it guarantee the quality of their products or services, the information that they provide through the Site, or the conduct of their respective businesses.  FAM encourages you to conduct your own research and due diligence into the third parties.  Certain third party websites may require you to provide additional information in order to use them and/or may collect additional information from you while you are using them. The collection and use of such additional information may be governed by the privacy policies of the applicable third party website.

Limited Use License

FAM grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FAM. This license does not include any resale or commercial use of this site or its contents; any collection and use of any recipes, descriptions, or information; any derivative use of this site or its contents; any downloading or copying of information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Joy Kitchen.

Trademarks

FOOD ALLERGY MAMA is a trademark and/or service mark of FAM. Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of FAM.  All other trademarks/service marks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of FAM’s trademarks, service marks or trade dress, and FAM’s trademarks, service marks and trade dress may not be used in any manner for any purpose without FAM’s prior express written consent in each instance. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FAM without prior express written consent. You may not use any metatags or any other “hidden text” utilizing FAM’s name or trademarks without the prior express written consent of FAM.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FAM so long as the link does not portray FAM, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any the FAM logo or other proprietary graphic or trademark as part of the link without FAM’s prior written permission. Any unauthorized use terminates the permission or license granted by FAM.

Participation in Site Forums

You may participate in any forums or messaging threads offered through FAM’s Site, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the site.  You are solely responsible for your interactions with other Site users. FAM reserves the right to monitor content posted on the site, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate. FAM also reserves the right to edit or modify any submissions in response to requests for feedback or other commentary. Notwithstanding the foregoing, FAM is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the site.  You may not post or transmit on or through the Site:

  • advertising or commercial solicitations;
  • promotional materials relating to other Web site or online services which are competitive with FAM and/or the Site;
  • software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;
  • political campaign materials; chain letters; mass mailings; spam mail;
  • any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or
  • any material, non-public information about a company without the proper authorization to do so.

Comments

FAM welcomes your participation in the “Comments” section of the Site (“Comments”).  Comments may include elements such as a message boards and other interactive activities FAM may offer from time to time.  FAM values your participation in Comments and asks that you to please help maintain a friendly, safe and informative environment.  Information provided in Comments may be provided by FAM’s staff, special guest experts, or by contributors and users not connected with FAM, some of whom may use anonymous screen names. The opinions expressed in the Comments are not necessarily those of FAM.  All statements, advice, opinions, and content provided by Site users or visitors in Comments are their own, and FAM neither endorses nor is responsible for the reliability or accuracy of such postings.  FAM is not responsible for information or materials made available in Comments (including errors or omissions postings, content or links and images embedded in postings and/or content) or results obtained by using such information or materials. Under no circumstances will FAM be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings in Comments and/or the Site.

Submissions

Please note that FAM does not accept unsolicited materials or ideas for use in its publications, on its Site or in other media.  FAM is not responsible for the similarity of any of its content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and that you are waiving any claim against FAM regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted.  You hereby grant to us a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or your name posted on the Site, and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you.

Corrections

While FAM tries to maintain the information on the Site, FAM cannot guarantee completeness or correctness. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, please contact us at info@foodallergymama.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to info@foodallergymama.com.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Third Party Links

FAM may, for your convenience, provide you with links to other websites from the Site (“Linked Site”). You acknowledge and agree that FAM has no responsibility for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site.  Other websites may provide links to the Site with or without our authorization. FAM do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to the Site, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such site.

Purchases and Product Descriptions

If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT/DEBIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Any such information provided through the Site will be treated by FAM in accordance with its Privacy Policy. By submitting such information, you grant FAM the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchases.
We reserve the right, with or without prior notice, to change descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product offered through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases through the Site. Your sole remedy for the purchase of any product through the Site is to return it for a full or partial refund as set forth in the shipping contract governing such purchase.

Disclaimer of Warranty; Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT FAM,  AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER UNDER CONTRACT, TORT OR OTHERWISE EVEN IF FAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless FAM, its affiliates and its third party service providers, and their respective directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with the Site or any services related to the Site (including Third Party Services); and/or (c) communications and disputes between you and any other Site user or third party. You shall not settle any claim that affects us without our prior written approval.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of FAM in operating the Site, or (3) any content available through the Site or any change therein is to stop visiting and using the Site. We may terminate your use of the Site, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice. You agree that FAM shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. The following sections will survive any termination of these Terms of Use: Site Content, Submissions, Trademark, Third Party Services and Content, Disclaimer of Warranty; Limitation of Liability, Indemnification, Termination, and Miscellaneous.

Miscellaneous

These Terms of Use and Privacy Policy constitute the entire understanding and agreement between you and FAM with respect to the use of the Site. We control and operate this Site in the United States of America. These Terms of Use shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in Cook County, Illinois, and waive any jurisdictional, venue or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use.  The section headings used herein are for convenience only and shall not be given any legal import. Any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose. If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Permissions

If you are interested in reproducing any Site Content, you will need FAM’s permission, which we may approve or deny in our sole discretion. Please send your request to:

FoodAllergyMama, Inc.
1618 Wilmette Avenue
Wilmette, Illinois  60091
Attn: Permissions Department

Or you may e-mail your request to: info@foodallergymama.com