Terms of Service - Nutrition4Kids

Description of Service

Nutrition4Kids.co ("N4K," "us" or the "Site") is a free resource for parents and other caregivers to find authoritative, medically-curated information concerning childhood nutrition, feeding children and feeding kids with special challenges.

Nutrition4Kids.com is not a medical referral site and does not recommend or endorse any particular product, provider or medical treatment. No information on Nutrition4Kids.com should be construed as medical and/or health advice. Nutrition4Kids.com is not a "covered entity" for purposes of determining applicability of the Health Insurance Portability and Accountability Act of 1996 and the rules promulgated thereunder (HIPAA) to the Site and the treatment of User Content (defined below) provided by you.

Acceptance of Terms

N4K is provided to you by Nutrition4Kids, LLC ("Nutrition4Kids"), and by using the Site you agree to the terms and conditions contained herein ("Terms of Service"). When using a particular third-party service or product offered on the Site you also may be subject to the guidelines, rules, policies, or additional terms of service applicable to such third-party service or product. We may update this Terms of Service from time to time, and your continued use of the Site shall be deemed your acceptance of any such updated Terms of Service. This Terms of Service comprises the entire agreement between you and Nutrition4Kids and supersedes all prior agreements between the parties regarding the subject matter hereof. By using the Site you understand and agree that the Site is intended for an adult audience and, as such, there may be some content on the Site that is inappropriate for minors.

On occasion, N4K will inform you of upcoming clinical trials or services in your area or products that may be relevant to your situation. However, your information, such as your name or email, will NEVER be shared with partners or third parties except in accordance with our PRIVACY policy.

Conditions of Use

As between you and Nutrition4Kids, all content on or made available through the Site shall be owned exclusively by Nutrition4Kids and is protected by copyright under both United States and foreign laws. You may use the content appearing on the Site solely for your personal, non-commercial use. Any use of such content not expressly permitted by the Terms of Service is a breach of the Terms of Service, and may be a violation of copyright, trademark, and other laws. The content and features of the Site are subject to change from time to time or deletion without notice in our discretion. All rights not expressly granted herein are reserved to Nutrition4Kids and its licensors.

You acknowledge that the Site may link to other web sites not controlled by us and that the collection of your information by these third-party sites is governed by those third party websites' privacy policies.

You understand and agree that the Site does not provide medical advice and the content available on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Any restaurant, product or provider ratings and reviews are statements of opinion only and not statements of fact or recommendations to utilize any such restaurant, product or provider's services and do not constitute medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. Nutrition4Kids does not recommend nor endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. You are solely responsible for determining whether the information provided is suitable for your purposes, and reliance on the information is at your sole risk. You should obtain additional information as may be necessary for you to make an informed decision. Neither Nutrition4Kids nor any third-party content provider to the Site assumes any responsibility or liability for any advice, treatment, product or service rendered by any restaurant, product or provider appearing or featured on the Site.

Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Service. This Terms of Service is solely between you and Nutrition4Kids and is not intended to be for the benefit of any third party except as expressly provided herein. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Nutrition4Kids is under no obligation to become involved. You hereby expressly release Nutrition4Kids, its officers, employees, agents and successors in rights from claims, demands and damages (actual and/or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to disputes between you and one or more users, restaurants, product manufacturers or distributors, other providers, third parties and/or any services.

Offline Conduct

Although Nutrition4Kids cannot monitor the conduct of N4K users off the Site, it is a violation of the Terms of Service to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent. In some instances, Nutrition4Kids provides toll-free phone numbers to its advertisers for the express purpose of tracking calls from the users of Nutrition4Kids. It is a violation of these Terms of Service for you to call these toll-free numbers to solicit business from advertisers, to test the service or for any reason other than inquiring about the products and services being advertised.

Unauthorized Use of Site

You may not use any device, software or routine to interfere with the proper working of the Site. You may not intercept or expropriate any system data or information, or copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without the express written permission of Nutrition4Kids. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including without limitation to unsolicited email (i.e. "Spam"). You shall not use any method, including without limitation the use of robots, spiders, other automatic devices or manual processes, to monitor or copy our web pages or the content contained on the Site without the prior express written permission of Nutrition4Kids.

System Outages

We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We are not responsible whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

Disclaimers

N4K is provided "as is" and without any warranty or condition, express, implied or statutory. Nutrition4Kids specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. You assume full responsibility and risk for use of the Site and hyperlinked web sites. We make no warranty that the Site will meet your requirements or that the services provided on the Site will be uninterrupted, timely, secure or error free. We also make no warranties as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site or that any defects will be corrected. No advice or information, whether oral or written, obtained by you from N4K shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law. In addition, Nutrition4Kids disclaims any and all liability for the acts, omissions, and conduct of any third party users, restaurants, product manufacturers or distributors, other providers, third parties and/or any services providers, N4K users, advertisers, and/or sponsors on the Site, in connection with the Site or otherwise related to your use of the Site. Nutrition4Kids is not responsible for the products, services, actions, or failure to act of any Provider or third party in connection with or referenced on the Site.

Limitations of Liability

In no event shall Nutrition4Kids, its shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages, and in no event shall Nutrition4Kids's total cumulative liability under this agreement exceed US$50. You understand and agree that the download and upload of any material through the Site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. Nutrition4Kids neither assumes, nor does it authorize any person or entity to assume on its behalf, any liability in connection with the provision of the Site. The limitations of liability provided in these Terms of Service inure to the benefit of Nutrition4Kids, our equity holders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Nutrition4Kids, its shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site, any User Content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of the Terms of Service.

Violations of Terms and Liquidated Damages

Please report any violations of these Terms of Service, by emailing to support@nutrition4kids.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Notices DMCA Violations

Notices to users and Nutrition4Kids shall be by email or certified mail, return receipt requested. Notices to Nutrition4Kids shall be sent to support@nutrition4kids.com or, if by certified mail, to Nutrition4Kids, LLC, 3626 Oxford Trace, Marietta, GA 30062. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. – 512 (the "DMCA"), Nutrition4Kids has designated an agent to receive Notifications of Claimed Copyright Infringement ("Notification") on N4K, who can be reached as follows: Nutrition4Kids, 3626 Oxford Trace, Marietta, GA 30062, Attention: Legal Department – Copyright Agent or by email: support@nutrition4kids.com. If you have a good faith belief that your copyright, trademark and/or other intellectual property, accessed on or through the Site has been used in a manner that constitutes copyright infringement, you must provide all of the following information to Nutrition4Kids' copyright agent:

(a) your name mailing address, telephone number, and email address;

(b) a description of the copyrighted work that you claim has been infringed;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made in good faith and under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) an electronic or physical signature of the copyright owner or an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest.

Governing Law and Choice of Forum

This Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Terms of Service, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Terms of Service or the Site shall be brought exclusively in the federal or state courts of Cobb County, Georgia and both parties consent to the jurisdiction thereof.

Miscellaneous

In the event that one or more portions of the Terms of Service shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or enforceability shall not affect any other provision contained in the Terms of Service. The headings used throughout the Terms of Service are solely for the convenience of reference and are not to be used as an aid in the interpretation of the Terms of Service. If you have any questions about the Terms of Service, contact us at support@nutrition4kids.com.

This Terms of Service was last updated on June 1, 2020