Terms and Conditions For Use of the FARE Living App

Adopted: September 15, 2021

Please read these terms and conditions carefully. Access to the FARE Living App application (the “App”) is limited to users who agree to be bound by these terms and conditions, which include our Privacy Policy (“Terms”). We recommend that you print or save a local copy of these Terms for your own records. You may also be bound by terms and conditions of the App Store that makes the App available to you (see Conditions of Access and Accessible Use below). 

These Terms, if agreed by pressing "Agree" or by accessing and/or using the App, will constitute a binding agreement between you and FARE.   You should immediately cease using the App if you do not agree to these Terms.

FARE may, in its sole discretion, update, modify or replace all or part of these Terms at any time by posting revised Terms on and/or through the App. Where reasonably practicable, FARE will use commercially reasonable efforts to provide you with prior notice of such revisions using the email address you provided when you registered. You are responsible for checking the website for any changes to these Terms. Your continued use of, or access to, the App following the posting of any changes to these Terms will be deemed to constitute acceptance of those changes. You may end your agreement with us at any time should you choose not to accept the revised Terms.

In order to access and use the App, you must:

1. agree and warrant to use the App in accordance with these Terms; and
2. have a registered account. 

FARE may, but is not required to:

1. provide updates, changes or amendments to the App as it sees fit to ensure proper operation of the App and any general enhancements that may be introduced; and
2. offer new services and features through, and in relation to, the App or the information, products or services described in it, which will be subject to these Terms.

Registration and Your Account

To access and use the App, you must have a registered account. In order to register for an account, you will be required to provide your full name, specify a contact number and an email address.  Your email address will be used to contact you in relation to the App and with other information from FARE.

When you register and activate your account, FARE will provide you with a username and password. You are solely responsible for keeping this username and password secure and are responsible for all use and activity, including activity in breach of these Terms, carried out under your username.

You must notify FARE immediately if you become aware of any unauthorized use, or suspected unauthorized use, of your account.
You agree that:

1. you will not provide any false personal information to FARE, or create an account for anyone other than yourself without that individual's and FARE’s permission;
2. you will not create more than one account;
3. you will keep your personal information and account information accurate and up-to-date;
4. you will not transfer your account to anyone without FARE’s prior written approval; and

Conditions of Access and Acceptable Use

You acknowledge and agree that the availability of the App is dependent on the third party from which you obtain the App (App Store). In addition to the Terms, each App Store may have its own terms and conditions which you agree to comply with, and your access to and use of the App is also conditional on your compliance with any such terms and conditions.

You may only use the App for non-commercial or personal use. All other use, copying or reproduction of the App or any part of it without FARE’s prior written approval is prohibited (except to the extent permitted by law).

You must not:

1. access or use the whole or any part of the App, except as expressly authorized by these Terms, or otherwise with the prior written consent of FARE;
2. remove or obscure any proprietary notice (including any copyright, trademark, service mark, tagline) or other notices contained in the App;
3. circumvent any mechanisms in the App intended to limit your use of, or access to, areas within or components of the App;
4. vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer, or otherwise seek to obtain or derive the source code from, the whole or any part of the App, except as permitted by law;
5. solicit the login information or access an account belonging to another user;
6. facilitate or encourage any violations of these Terms; or
7. use any data mining, gathering or extraction tools in connection with the App or Services, without FARE's prior written consent.

You must not access or use the App, or provide or transmit any data or Content, in any way that:

1. violates or infringes the rights (including, without limitation, any intellectual property rights) of FARE or third parties;
2. is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libelous, fraudulent, tortious, or invasive of another's privacy or constitutes a breach of any other of the legal rights of individuals;
3. includes personal or identifying information about another person without that person's consent;
4. is false, misleading, or deceptive;
5. violates these Terms;
6. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or other property, or otherwise permit the unauthorized use of or access to a computer or computer network;
7. is detrimental to, or in violation of, FARE's or a third party's systems or network security;
8. interferes with the use of the App by other users; or
9. could damage, disable or impair the servers or networks used by the App or other users.

FARE may, at any time without prior notice, restrict, block, suspend, deactivate, disable access, edit and/or remove all or part of the App, including any material which in FARE's reasonable opinion may give rise to a breach, or be in violation of these Terms or any law, or which FARE considers in its absolute discretion might be otherwise harmful.

If FARE restricts, blocks, suspends, deactivates or disables your account as a result of your violation of these Terms or any law, you must not create another account without FARE’s permission.

App Does Not Provide Medical Advice

The App is an information tool designed to easily share, manage and present information with others via smart phone. Other content and links, such as text, graphics, images, and other material contained within the App (Content) are for informational purposes only. The Content and App is not intended to be a substitute for professional medical advice, diagnosis, or treatment, or to be used as medical device or for the purposes of diagnosis, prevention, monitoring, treatment or alleviation of or compensation for a disease, injury or an allergic reaction. If anaphylaxis is suspected, administer an Epipen® (adrenaline auto-injector) and immediately call 911. If you can prevent it, do not allow a stricken person to stand or walk. If no Epipen® is available, immediately call 911 for urgent medical attention.

Ownership and Access to the App

FARE is an exclusive licensee in the United States  to the App and the Content, and all intellectual property rights contained therein, including, without limitation, all software code and algorithms underlying the operation of the App, and all trademarks and copyrighted materials contained in the App. Subject to your compliance with, and during the term of, this Agreement, FARE grants you a non-exclusive, personal, non-transferable, non-sub-licensable limited license to access and use the App for your own non-commercial purposes in accordance with these Terms. Except as expressly set forth in the previous sentence, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the App or any intellectual property rights therein or related thereto.

No Liability

The use of the App, and the Content is at your own risk. When using the App, information will be transmitted over a medium that is beyond the control of FARE.  FARE assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App.

The App and the Content are provided on an “as is” basis.  FARE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES. Without limiting the foregoing, and to the extent permitted by law FARE makes no representations or warranties about the accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the App.

In no event shall FARE be liable for any damages (including, without limitation, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FARE is advised of the possibility of such damages. FARE’s liability shall be limited to actual damages incurred by you directly relating to your use of the App, and such amount shall not exceed $1,000.00. FARE is not liable for any personal injury, including death, caused by your use or misuse of the App or its Content.

User Submissions

The personal information you submit to FARE is governed by the FARE Privacy Policy, which can be found below.

Searches and Links to Other Sites

FARE may provide links to third-party websites. FARE has no control over and is not responsible for the content of linked third-party websites, websites framed within the App or third-party websites provided as search results and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Indemnity

You agree to defend, indemnify, and hold FARE, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or in connection with your breach of these Terms.

General

FARE’s license to allow it to make the App available to you is limited to the United States. If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Termination

We may terminate these Terms at any time by providing reasonable written notice to you, for any reason whatsoever, including without limitation if you breach the Terms.
You can terminate these Terms at any time by ceasing your use of the App and deleting the App. FARE reserves the right to delete or deactivate your account and all data provided by you or about you following termination.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with FARE, or in any way relating to your use of the App, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving FARE or its affiliates, subsidiaries, employees, contractors, officers, directors and telecommunication providers.

These Terms are governed by the laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. In lieu of the invalid or unenforceable provision, the parties will substitute or add as part of this Agreement a valid and enforceable provision that will be as similar as possible in economic and business objectives as was intended by the invalid or unenforceable provision. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from the App by contacting FARE and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Complete Agreement

Except as expressly provided in a particular “legal notice” in the App, these Terms and the Privacy Policy (https://www.foodallergy.org/privacy-policy) constitute the entire agreement between you and FARE with respect to the use of the App and Content.

Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via mail to: FARELivingApp@foodallergy.org. We will try to answer every email in a timely manner but due to volume may not always be able to do so.