Terms of Service

Welcome to Food Content Alerts at www.foodcontentalerts.com (the "Service"). This Service is owned and operated TAXI, Inc ("Food Content Alerts"). By visiting and using this Service, you agree to be bound by the following terms and conditions (the "Terms of Service").

Please read these Terms of Service carefully before registering or using the Service. If you do not accept these Terms of Service, then you may not use the Service. These Terms of Service are subject to change by Food Content Alerts at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes. Should you wish to cancel your registration at any time, you can do so by emailing us at care@foodcontentalerts.com.

  1. Use of the Service

    This Service is for your personal and non-commercial use only. We make reasonable efforts to ensure that content on the Service that we have created or uploaded is accurate, but we cannot guaranty in any way that such information is complete, error-free or appropriate for the situation. The information is for generally informational purposes only. Some content may simply be our opinion. You should consult with the food manufacturers to confirm that products are appropriate and safe for you and your family's unique allergy issues.

    Nothing on this Service is intended to be a substitute for professional medical advice, diagnosis or treatment, or to be a substitute for services from a qualified health care provider to meet your and your family's individual health, diet and nutritional needs. You should not ignore or fail to seek medical advice because of content available on the Service, including any forum. For specific information and counsel, you should consult your personal physician prior to taking any action.

    In addition to personal use of the Service, you may use the Service for non-profit educational purposes, provided that you appropriately credit Food Content Alerts for all such uses.

  2. Forums

    The Service provides users the ability to interact with one another through the use of online forums and message boards. Food Content Alerts is not responsible for the statements provided by others in the forums, and such statements may be opinions, inaccurate or based upon unique circumstances. You should read such statements with this in mind.

    While Food Content Alerts reserves the right to remove or edit any postings, we undertake no obligation to actively monitor the forums. Therefore, you use the content and information available in the forums at your own risk.

    Some members of the Service may have private messaging rights. We reserve the right to delete private messages if they have not had a reply for a while. If you would like to keep a copy of your older private messages, then you should print copies for yourself.

    By posting any content or materials on the Service, you hereby grant Food Content Alerts a perpetual license to use, redact, republish, copy, perform and distribute your content, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your content would require us to seek permission of a third party in order to use the content as described in these Terms of Service.

  3. Your Registration Obligations

    You may access the Service without registering to become a user, however, to use certain features you will need to register. You must be 18 years of age or older to register with the Service, and agree that you will provide true and accurate information in completing the registration process. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

  4. Our Privacy Policy

    Use of this Service is subject to our Privacy Policy. We encourage to read and become familiar with our information collection and use practices.

  5. Emails from Food Content Alerts

    By registering on our Service or by subscribing to our newsletter, you agree that we may send you email messages from time to time. To opt-out of any such messages, you may contacting us care@foodcontentalerts.com.

  6. Acceptable Use Policy

    While Food Content Alerts encourages you to actively participate in conversations, we expect you to be respectful of other people and the rules of the Service. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to Food Content Alerts at care@foodcontentalerts.com.

    You are solely responsible for the content that you post on the Service or transmit to other users and agree that you will not hold Food Content Alerts responsible or liable for content from other users that you access on the Service.

    Categories of prohibited content below are merely examples and are not intended to be exhaustive. Food Content Alerts will make the sole determination as to whether or not content is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users anything that contains content that:

    • is defamatory, abusive, obscene, profane or offensive;
    • contains advertisements, solicitations or commercial promotions, including for your own business or organization with which you are associated;
    • infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
    • is off-topic or comments without a justifiable or reasonable basis for making the comment
    • violates any party's right of publicity or right of privacy;
    • is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual;
    • promotes or encourages violence against a person or damage or destruction of property;
    • is inaccurate, false or misleading in any way;
    • is illegal or promotes any illegal activities;
    • promotes illegal or unauthorized coping of another person's copyrighted work or links to them or providing information to circumvent security measures; or
    • 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.

    You are solely responsible for the content that you post on the Service or transmit to other users and agree that you will not hold Food Content Alerts responsible or liable for any content from other users that you access on the Service.

    Food Content Alerts is under no obligation to screen or monitor user content, but may review user content from time to time at its sole discretion to review compliance with this policy. Food Content Alerts will make all determinations as to what user content is appropriate in its sole discretion. We may include, edit or remove any user content at any time without notice.

    You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Service. You may not resell use of, or access to, the Service to any third party.

  7. Ownership

    Subject to these Terms of Service, Food Content Alerts grants you a limited, non-exclusive, license to view the materials contained on this Service. Food Content Alerts or its licensors are the exclusive owners of all content, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Service are reserved by Food Content Alerts.

  8. Links to Other Sites

    This Service may contain links to other web sites not maintained by Food Content Alerts. This links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Food Content Alerts. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.

  9. Termination of Access

    In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause.

    You may terminate your account at any time by emailing us at care@foodcontentalerts.com.

  10. No Warranties

    THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Service during the prior twelve (12) months or (ii) ten dollars ($10).

  11. Indemnity

    You agree to defend, indemnify and hold harmless Food Content Alerts, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Service, (ii) your content contributed or posted to the Service, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Food Content Alerts) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

  12. Governing Law

    The laws of the State of New York shall govern these Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE.

    Any claims asserted by you in connection with the Service must be asserted in writing to Food Content Alerts within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

  13. Severability

    If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.

  14. Waiver; Remedies

    The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

  15. Contact Information

    Should you have any questions you may contact us at:

    Food Content Alerts
    Attn: Customer Care
    11 Beach Street,, 10th Floor
    New York, NY 10013
    212-414-8294 x233
    Email: care@foodcontentalerts.com
  16. Effective Date

    These Terms of Service were last updated on July 1, 2009.