Terms of Use

Terms of Use for The FAC Website

Section 1:

Welcome to The Food Allergy Counselor, Inc. (“The FAC” and FoodAllergyCounselor.com), an interactive website to learn more about managing the psychosocial aspects of life with food allergies and allergic conditions. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (“Terms and Conditions of Use”). If you do not agree to these Terms and Conditions of Use, please do not use this site. The FAC reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions of Use at any time. By using this site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.

1. Copyright and Trademarks

FoodAllergyCounselor.com contains copyrighted material including but not limited to, text, software, photos, videos, graphics, and music. All content included on this site, such as text, software, photos, video, images, graphics, music, sound, and logos, is protected by copyrights, trademarks, and other rights, which are owned and/or controlled by The FAC or by other parties. The FAC owns a copyright in the selection, coordination arrangement and enhancement of such content, as well as the content original to it. Each third-party content provider owns the copyright in content original to it. You may use material from this site only for your own personal, non-commercial use. This site or any portion of this site may not be modified, published, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by The FAC or expressly permitted under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Just as The FAC requires users to respect our copyrights and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on FoodAllergyCounselor.com without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Joseph Perry, 211 South Ridge Street, Suite 1L, Rye Brook, NY or by e-mail at jperry@josephperrylaw.com.

2. Fair Use

Fair use of The FAC’s content restricts those who want to reference it to reproduce no more than a couple of paragraphs or a summary of the blogs. (We also request users provide a link to the entire work on our website). The fair use rule generally does not entitle users to display the worksheet or photograph on their website. To do so is a violation of our copyright and we will use all legal remedies available to address these infringements.

3. Linked Sites

This site may contain links to other sites on the Internet (“Linked Sites”). The FAC is not responsible for the content, advertising, products or other materials made available on or through any Linked Sites. The links to these sites are for your convenience only, and you access them at your own risk. The FAC shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites.

The FAC welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by The FAC. You may not use on your site any logos, trademarks, service marks, or copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site the content or other materials on this site without prior written consent.

4. Disclaimer

This site is provided on an "as is" basis. The FAC makes no representations or warranties of any kind, expressed or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, FoodAllergyCounselor.com disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The FAC will not be liable for any damages of any kind arising from the use of, or inability to use, this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

5. Educational Purposes Disclaimer

The materials on FoodAllergyCounselor.com are for informational and educational purposes only and do not constitute medical or therapeutic advice. Parties seeking medical and/or therapeutic advice should consult with a medical and/or mental health professional familiar with their particular circumstances. No medical or specific therapeutic advice will be given by The FAC and its owner, Tamara Hubbard, MA, LCPC.

6. Individual and Parental Educational Consulting Services Disclaimer

Individual and parental educational consultation services provided by Tamara Hubbard, MA, LCPC (through her private practice) offers evidence-based information, psychoeducation, ideas, suggestions, materials, and potential strategies on how to manage food allergies and allergic conditions. This information and education is not medical in nature, as this is outside of Tamara's scope of practice. This information is also not therapeutic in nature, as these are not counseling sessions. Clients assume all responsibility for creating and implementing their own physical, mental, and emotional well-being, decisions, choices, actions, and results. As such, Tamara Hubbard, MA, LCPC is not and will not be liable for any action or inaction, or for any direct or indirect result of any services provided. With educational consulting services, Tamara Hubbard, MA, LCPC will not diagnose, prevent, treat, or cure medical conditions and diseases or mental disorders, nor offer nutritional, legal, or therapeutic advice. The advice, ideas, suggestions, materials, and potential strategies provided to clients on how to manage food allergies are not to be used as a substitute for professional advice by medical, mental health, nutritional, legal, or other qualified professionals, and clients should seek independent professional guidance for such matters. Tamara Hubbard, MA, LCPC makes no warranty, either expressed or implied, as to the fitness of any recommendation, product, or service as a result of this agreement.

7. Indemnification

You agree to indemnify The FAC and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, that arise from your use or misuse of this site.

8. Contact Information

If you wish to contact The FAC, you may do so by writing to:
The Food Allergy Counselor, Inc.
PO Box 334
Lake Zurich, IL 60047

9. Entire Agreement

These Terms of Use set forth the entire agreement between the parties with respect to the aforementioned license and fully supersedes any and all prior or contemporaneous agreements or understandings, written or oral, between the parties pertaining to the subject matter hereof. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, and in any dispute arising under these Terms of Use, the venue shall be the state or federal courts located in Illinois.

Section 2:

1. Acceptance of Terms

The Food Allergy Counselor, Inc. provides a collection of online resources, including digital products, articles, podcast episodes, and various email services available on or through The Food Allergy Counselor, Inc. (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular The Food Allergy Counselor, Inc. services, you agree to abide by any applicable posted guidelines for all The Food Allergy Counselor, Inc. services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

2. Modifications to This Agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. Eligibility for Use

The Food Allergy Counselor, Inc. reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to The Food Allergy Counselor, Inc. in its sole discretion. Although The Food Allergy Counselor, Inc. attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against The Food Allergy Counselor, Inc. for failing to adequately screen potential users or prevent the use of The Food Allergy Counselor, Inc. or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.

4. Content

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of The Food Allergy Counselor, Inc. to post content, or if you imply consent that The Food Allergy Counselor, Inc. may post content on your behalf, either by written or oral means, or you fail to inform The Food Allergy Counselor, Inc. that content should be removed, you are equally responsible for the content. You waive any and all claims against The Food Allergy Counselor, Inc. of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on The Food Allergy Counselor, Inc.. You understand that The Food Allergy Counselor, Inc. does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, The Food Allergy Counselor, Inc. and Content available through the Service may contain links to other websites, which are completely independent of The Food Allergy Counselor, Inc.. The Food Allergy Counselor, Inc. makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will The Food Allergy Counselor, Inc. be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that The Food Allergy Counselor, Inc. does not pre-screen or approve Content, but that The Food Allergy Counselor, Inc. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

5. Third Party Content, Sites, and Services

The Food Allergy Counselor, Inc. and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of The Food Allergy Counselor, Inc., including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for The Food Allergy Counselor, Inc. to verify information provided by the seller of any item.

You agree that The Food Allergy Counselor, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that The Food Allergy Counselor, Inc. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release The Food Allergy Counselor, Inc., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

6. Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to The Food Allergy Counselor, Inc.’s agent for notice of claims of copyright or other intellectual property infringement: Joseph Perry, 211 South Ridge Street, Suite 1L, Rye Brook, NY or by e-mail at jperry@josephperrylaw.com

Please include the following with your Notice to our Abuse Agent:

The identity of the material on The Food Allergy Counselor, Inc. that you claim is infringing, in sufficient detail so that we may locate it on the website; 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; Your address, telephone number, and email address; A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and Your physical or electronic signature.

7. Privacy and Information Disclosure

The Food Allergy Counselor, Inc. may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by The Food Allergy Counselor, Inc.’s Privacy Policy.

8. Conduct

You agree not to post, email, or otherwise make available Content:

that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
that impersonates any person or entity, including, but not limited to, a The Food Allergy Counselor, Inc. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of The Food Allergy Counselor, Inc. which are not designated for such purposes;
or emailed to The Food Allergy Counselor, Inc. users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
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;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

contact anyone who has asked not to be contacted;
“stalk” or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by The Food Allergy Counselor, Inc.;
post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum;
attempt to gain unauthorized access to The Food Allergy Counselor, Inc.’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or The Food Allergy Counselor, Inc.;
or use any form of automated device or computer program that enables the submission of Content on The Food Allergy Counselor, Inc. without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

9. Posting Agents

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on The Food Allergy Counselor, Inc.’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from The Food Allergy Counselor, Inc.. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from The Food Allergy Counselor, Inc..

10. No Spam Policy

You understand and agree that sending unsolicited email advertisements to The Food Allergy Counselor, Inc. email addresses or through The Food Allergy Counselor, Inc. computer systems is expressly prohibited by these TOU. Any unauthorized use of The Food Allergy Counselor, Inc. computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

11. Paid Postings

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

12. Limitations on Service

You acknowledge that The Food Allergy Counselor, Inc. may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that The Food Allergy Counselor, Inc. has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that The Food Allergy Counselor, Inc. reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that The Food Allergy Counselor, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. Access to the Service

The Food Allergy Counselor, Inc. grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by The Food Allergy Counselor, Inc.. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

The Food Allergy Counselor, Inc. does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by The Food Allergy Counselor, Inc. to do so. You may create a hyperlink to the home page of The Food Allergy Counselor, Inc., so long as the link does not portray The Food Allergy Counselor, Inc., its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

The Food Allergy Counselor, Inc. may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. The Food Allergy Counselor, Inc. permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “The Food Allergy Counselor, Inc.” as the source, (d) your use or display does not suggest that The Food Allergy Counselor, Inc. promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden The Food Allergy Counselor, Inc.’s systems. The Food Allergy Counselor, Inc. reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by The Food Allergy Counselor, Inc. immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from The Food Allergy Counselor, Inc. that has been signed by one of The Food Allergy Counselor, Inc.’s authorized representatives.

14. Termination of Service

You agree that The Food Allergy Counselor, Inc., in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if The Food Allergy Counselor, Inc. believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that The Food Allergy Counselor, Inc. shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.

15. Proprietary Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The Food Allergy Counselor, Inc.. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of The Food Allergy Counselor, Inc., and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. The Food Allergy Counselor, Inc., as well as certain other of the names, logos, and materials displayed on The Food Allergy Counselor, Inc., constitute trademarks, trade names, service marks or logos (“Marks”) of The Food Allergy Counselor, Inc. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with The Food Allergy Counselor, Inc. or those other entities.

Although The Food Allergy Counselor, Inc. does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to The Food Allergy Counselor, Inc. an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant The Food Allergy Counselor, Inc. all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

16. Disclaimers of Warranties

YOU AGREE THAT USE OF The Food Allergy Counselor, Inc. AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. The Food Allergy Counselor, Inc. AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, The Food Allergy Counselor, Inc. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF The Food Allergy Counselor, Inc. AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, The Food Allergy Counselor, Inc. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON The Food Allergy Counselor, Inc. OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON The Food Allergy Counselor, Inc. OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, The Food Allergy Counselor, Inc. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH The Food Allergy Counselor, Inc. OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Food Allergy Counselor, Inc., The Food Allergy Counselor, Inc. OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

17. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL The Food Allergy Counselor, Inc. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF The Food Allergy Counselor, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF The Food Allergy Counselor, Inc. OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF The Food Allergy Counselor, Inc. OR THE SERVICE, FROM INABILITY TO USE The Food Allergy Counselor, Inc. OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF The Food Allergy Counselor, Inc. OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH The Food Allergy Counselor, Inc. OR THE SERVICE OR ANY LINKS ON The Food Allergy Counselor, Inc. OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH The Food Allergy Counselor, Inc. OR THE SERVICE OR ANY LINKS ON The Food Allergy Counselor, Inc.. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

18. Indemnity

You agree to indemnify and hold The Food Allergy Counselor, Inc., its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. General Information

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and The Food Allergy Counselor, Inc. and governs your use of the Service, superseding any prior agreement between you and The Food Allergy Counselor, Inc.. The failure of The Food Allergy Counselor, Inc. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. Violation of Terms and Liquidated Damages

Please report any violations of the TOU by sending an email to hello@foodallergycounselor.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.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for The Food Allergy Counselor, Inc. to pursue legal action to enforce the TOU, you will be liable to pay The Food Allergy Counselor, Inc. the following amounts as liquidated damages, which you accept as reasonable estimates of The Food Allergy Counselor, Inc.’s damages for the specified breaches of the TOU:

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay The Food Allergy Counselor, Inc. one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

If The Food Allergy Counselor, Inc. establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay The Food Allergy Counselor, Inc. one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access The Food Allergy Counselor, Inc. in excess of such limits, whichever is higher.

If you send unsolicited email advertisements to The Food Allergy Counselor, Inc. email addresses or through The Food Allergy Counselor, Inc. computer systems, you agree to pay The Food Allergy Counselor, Inc. twenty five dollars ($25) for each such email.

If you post Content in violation of the TOU, other than as described above, you agree to pay The Food Allergy Counselor, Inc. one hundred dollars ($100) for each item of Content posted. In its sole discretion, The Food Allergy Counselor, Inc. may elect to issue a warning before assessing damages.

If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay The Food Allergy Counselor, Inc. one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay The Food Allergy Counselor, Inc. an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without The Food Allergy Counselor, Inc.’s express written permission, you agree to pay The Food Allergy Counselor, Inc. three thousand dollars ($3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, The Food Allergy Counselor, Inc. retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

21. Feedback

We welcome your questions and comments. Please send them to hello@foodallergycounselor.com .

22. Terms of Use for All Services

The Food Allergy Counselor, Inc. offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.

As a condition to your use of the Programs and as material inducement on the part of The Food Allergy Counselor, Inc. and its Affiliates to offer the Programs, you expressly acknowledge and agree that:

Use of the Programs are at your sole risk. The Food Allergy Counselor, Inc. and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

For Consumers:
a) the Programs
b) the Professional
c) the Services to be performed by any Professional.
- a) your use of the Programs
- b) the engagement by you of any Professional
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.

- In no event will The Food Allergy Counselor, Inc.’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.

- The Food Allergy Counselor, Inc. and its Affiliates do not provide, nor will they provide, any service to or for you, nor is The Food Allergy Counselor, Inc. and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of
Use shall remain in full force and effect.

For Professionals:

a) the Programs

b) the Consumers

c) the agreement between you and the Consumer.

The Food Allergy Counselor, Inc., its Officers, Directors, Members and Employees, as well as The Food Allergy Counselor, Inc. Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

a) your use of the Programs

b) the engagement of you by any Consumer

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like

d) any other matter relating to the Programs.

- In no event will The Food Allergy Counselor, Inc.’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.

- The Food Allergy Counselor, Inc. and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services programs may be directed to: hello@foodallergycounselor.com

23. Brand Agreement

Legal Disclaimer: By logging in to your The Food Allergy Counselor, Inc. account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” and The Food Allergy Counselor, Inc.. (“The Food Allergy Counselor, Inc.”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to The Food Allergy Counselor, Inc. the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on The Food Allergy Counselor, Inc. and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website The Food Allergy Counselor, Inc. at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but The Food Allergy Counselor, Inc. retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for The Food Allergy Counselor, Inc. to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my The Food Allergy Counselor, Inc. account with any updates to the Content necessary to keep such Content accurate and representative of my products. The Food Allergy Counselor, Inc. and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.

3) Fees:

(a) Membership: Price as stated on The Food Allergy Counselor, Inc. at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account. (No longer applicable)

4) Length of Contract: This Agreement is valid up to and until I cancel my account. (No longer applicable)

5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, The Food Allergy Counselor, Inc. may attempt to contact me to determine updated account information. The Food Allergy Counselor, Inc. will wait thirty (30) days before canceling my membership. (No longer applicable):

6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. The Food Allergy Counselor, Inc. may terminate this agreement at will. In the event The Food Allergy Counselor, Inc. terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining. (No longer applicable)

End Agreement.

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