Last revised April 30, 2019
READ THESE TERMS CAREFULLY. THEY INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
THE SELECTIVOR PORTAL IS NOT COPPA COMPLIANT AND DOES NOT AUTHORIZE CHILDREN UNDER 13 YEARS OF AGE TO CREATE ACCOUNTS. THE SELECTIVOR PORTAL DOES NOT VOLUNTARILY COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE, IS NOT DIRECTED TO CHILDREN UNDER 13 YEARS OF AGE, AND IS NOT AN “OPERATOR” WITHIN THE MEANING OF COPPA. FOR INFORMATION ON COPPA YOU MAY CONSULT http://www.coppa.org/comply.htm AS WELL AS OTHER AVAILABLE GOVERNMENTAL SOURCES.
Our role and some definitions.
The Portal and your use of the Portal doesn’t change anything about your relationship with another User, your physician(s), nutritionist, pharmacist, social worker, insurer or any other health provider(s); these relationships remain at all times governed by the terms you have agreed separately with each of them. You remain at all times solely responsible for the content of the listings you create, edit, accept, upload or copy to your profile, and for group(s) you create, edit, accept, contribute to or participate in, even if in connection with or arising out of listings or profiles of another User through the Portal. As a User of listings and profiles you are ultimately responsible for the all choices you make in connection with any profile or listing, including those from other Users. Also, the organizer of a group is the one responsible for managing, editing that group and its group profile, not EatID.
EatID is not a meeting site and is not in the business of promoting contacts or meetings between Users off-EatID Portal.
EatID does not own a proprietary inventory of listings and is not in the business of selling listings to the public. EatID is in the business of providing an online platform where Users may possibly share listings amongst themselves if they so choose at their own risks and costs, subject to these Terms. EatID makes no representations of the listings and shall not incur any liability in connection with the listings being utilized by Users. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Portal may contain content that is false, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Portal may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. EatID disclaims any responsibility for any harm resulting from the use by visitors of the Website.
EatID utilizes third-party service providers (e.g. Amazon) to assist it in various functions of the Portal. You hereby consent and agree to authorize EatID to share certain aspects of your personal information with such third-party providers for the purposes of facilitating your use of the Portal. EatID conducts industry standard due diligence in selecting its providers, but makes no representations or warranties as to their security and shall bear no liability for the negligence or breaches of these third-parties.
EatID is not in the business of providing medical, nutritional, pharmaceutical, insurance, social benefits or legal advice (“Advice”). You represent and warrant that you will seek such Advice from independent and licensed practitioners of your choosing and at your own cost as and when the need arises.
EatID is not in the business of recommending licensed practitioners competent to provide Advice.
EatID does not act as your agent or on your behalf.
EatID reserves the right, at its entire discretion, to modify the Portal or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Portal. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Portal after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Portal and close your Account.
If you have any questions for us concerning this Agreement, the Portal generally, or if you notice COPPA, Digital Millennium Act or other compliance issues, please contact us at email@example.com. All unauthorized, unsolicited and/or commercial contacts from other Users outside the Portal are to be reported immediately at the same email address.
Eligibility. BY ACCESSING THE PORTAL OR SIGNING UP FOR AN ACCOUNT YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND THAT YOU WILL NOT ACCESS OR USE THE PORTAL FOR ANY FRAUDULENT, UNLAWFUL OR ABUSIVE PURPOSE. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, DO NOT CREATE AN ACCOUNT AND DO NOT UPLOAD ANY PERSONAL INFORMATION TO THE PORTAL. YOU REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD ANY PERSONAL INFORMATION OF ANY OTHER PERSON THAT IS NOT AT LEAST 13 YEARS OF AGE UNLESS YOU ARE THE PARENT OR LEGAL GUARDIAN OF THAT PERSON.
Account Registration. In order to access certain features of the Portal you must sign up for an account with us (hereinafter an “Account”) by either providing us your email address and creating a password or through a third-party social networking site account such as Facebook, Twitter and Google+. While EatID conducts reasonable due diligence on platforms that provide access to the Portal, we are not liable for any information you provide to a third-party social networking site. Users must provide their information to such sites at their own risk.
Upon your initial request to access the Portal, we will issue you certain identifying information (such as an Account name or number and a password) based on the identifying information that you will provide us (such as your email address) (all together “EatID Credentials”). You understand and agree that all EatID Credentials are stored with our providers and that such providers may at their discretion and from time to time use affiliates and/or various third party providers to store your EatID Credentials.
EatID will request that its providers use reasonable efforts to keep your EatID Credentials and Payment Credentials secure.
If you send us text messages, or have us send you one, don’t forget that your carrier might charge you for that.
Screenings. When you sign up for an Account, you will provide us with certain information about yourself to enable us to verify your identity in order to become a User. You promise to provide complete and accurate information to EatID about yourself and your listing(s), if any. Where permitted, EatID has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of Users and listings, but we do not endorse any listing, User, or his or her background.
EatID may in its sole discretion use third party providers to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize EatID to request, receive, use, and store such information. EatID may accept or reject your application to become a User in its sole discretion. EatID makes no representation or warranty that any User is in fact the individual that the User alleges to be or that any profile is genuine. Users are urged to take reasonable precautions when using the Portal.
Ongoing Information Updates. You promise to update the information you have provided to EatID in the event of any changes to your Account, contact information, listing(s), group(s) or profile. Specifically, with respect to your contact information, EatID may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are and will be solely responsible for all of the activity that occurs through your Account, so please keep your password and Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify EatID of any actual or suspected unauthorized use of your Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account after you have reported unauthorized access to us.
User Obligations. You agree that you will always use your Account and the Portal in compliance with the Terms, applicable laws, and any other policies and standards provided to you by EatID. As a poster of listings, you represent and warrant that you will post on the Portal only listings for which you have genuine personal knowledge or experience, and that contain no misrepresented, inaccurate, unsafe or incomplete information to the best of your knowledge.
In connection with your use of or access to the Portal you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to violate any law, including: (i) infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to EatID, or that comes to from the Portal and belongs to another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of EatID; and (ii) breach, violate, and/or circumvent any local, state, provincial, or federal law or other law or regulation, or any order of a court, including, without limitation, tax regulations, licensing or registration requirements, third party rights or our systems, policies, or determinations of your Account status.
Violations. EatID has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of this Agreement to the fullest extent permissible by the law. EatID may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against EatID or to comply with legal process (for example, subpoenas or warrants); to enforce or administer the Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of EatID, its employees, its Users, or members of the public.
EatID reserves the right, at any time and without prior notice, to remove, suspend or disable access to any content (including your other User’s User Content, groups or listings) that EatID, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Portal or our community. If we believe you are abusing EatID, our Users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your User Account(s) and access to our Portal, remove hosted content, remove and demote your listings, groups or profiles, and take technical and/or legal steps to prevent you from using our Portal. Additionally, we reserve the right to refuse or terminate our Portal to anyone for any reason at our discretion.
Electronic Communications and Communications with You. In order to contact you more efficiently, we may at times contact you using electronic, autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using electronic, autodialed or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these communications, but will not share your phone number(s) with third parties for their own purposes without your consent. Where EatID is required to obtain your consent for such communications, you may choose to revoke your consent.
Support. EatID may choose, but is not obligated, to provide support. Support may be discontinued at any time.
EatID Image Content. EatID may offer User the option to upload images or photographs at their own risks and costs (“Images”). You alone are responsible for uploading and using the Images in connection with your Account and you warrant that you will remove and cease using the Images if they no longer accurately represent yourself or your listing(s). You agree that EatID is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your Account’s listing and you shall take no action to challenge or object to the validity of such rights or EatID’s ownership or registration thereof. You hereby acknowledge that EatID may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Account’s listing or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. At EatID’s request, you will execute documents and take such further acts as EatID may reasonably request to assist EatID to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
You understand that if EatID uses the term “Images” the term is intended only to indicate a photographic representation of persons or objects at the time the photograph was taken. Images are therefore not an endorsement by EatID of any User or any listing. Likewise, EatID does not commit to undertake efforts to ensure the adequacy, accuracy, completeness, or safety of listings posted through the Portal. We do not make any representations about, confirm, or endorse the adequacy, accuracy, completeness, or safety of any listing beyond the representations and warranties required herein from all Users.
EatID Content and User Content License. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Portal (including the Portal and Content, but excluding any User Content) are owned by EatID or EatID’s suppliers. The provision of access to the Portal or the subscription of an Account does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. EatID and its suppliers reserve all rights not granted in this Agreement.
Subject to your compliance with the provisions of these Terms, EatID grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any EatID content solely for your personal and non-commercial purposes and access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EatID or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. You may not state or imply that your or other’s User Content is in any way provided, sponsored or endorsed by EatID. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Portal reviews, feedback, and descriptions of your listings or experience with your listings (but excluding Images, which are dealt with separately above). By making available any content on or through the Portal, or through EatID promotional campaigns, you hereby grant to EatID a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, translate, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Portal. EatID does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright. If you think a User is violating your copyright(s) and want to notify us, you can find information about submitting notices on the official US Digital Millennium Copyright Act site online. We respond to notices of alleged copyright infringement and terminate Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws.
Suspension and Termination. You may discontinue your use of the Portal at any time.
EatID may terminate or suspend your access to the Portal for any reason or no reason. Termination of access to the Portal will not release either party from any obligations incurred prior to the termination and EatID may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement, and all of those terms will survive any termination of this Agreement.
Disclaimers. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, EATID IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS PORTAL, THE GROUP IN WHICH THE LISTING IS FOUND, OR FOR ANY THIRD-PARTY PROVIDER OF THE LISTING. THE PORTAL INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE PORTAL, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, EATID EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EatID makes no warranty that the Portal, including, but not limited to, listings, groups or profiles, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. EatID makes no warranty regarding the quality of any listing, profile, group, User, Image, the Portal, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Portal. No advice or information, whether oral or written, obtained from EatID or its service providers or through the Portal or content, will create any warranty not expressly made herein.
Limitation of Liability and Waiver. NEITHER EATID NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PORTAL WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PORTAL, FROM THE USE OF OR INABILITY TO USE THE PORTAL, OR FROM LISTINGS, GROUPS OR PROFILES VIA THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST EATID AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “EATID PARTIES”) AND ANY EATID USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PORTAL INCLUDING, WITHOUT LIMITATION, A LISTING, PROFILE OR GROUP BEING MISREPRESENTED, INADEQUATE, INACCURATE, INCOMPLETE OR UNSAFE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EATID AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold EatID and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Portal or your violation of these Terms; your User Content; Images; your interaction with any User, listings, groups or profiles; or the use of a listing or group by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a listing, profile or group or use of a listing or group.
No Agency. EatID does not appoint you or any other User as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of EatID and EatID will not make commitments on your behalf, except as contemplated by the Portal or as expressly stated in this Agreement.
Security. The security of your personally identifiable information is important to us and our service providers. However, no method of transmission over the Internet, or method of electronic storage, is perfectly secure and our means of protecting your free access to the Portal is proportional to our small budget. While we strive to use providers that deploy commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security. We rely heavily on our service providers for security, notably on Amazon Web Services, and have asked them to follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. You acknowledge that any personally identifiable information you choose to make public on the Portal can of course not be protected.
You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of EatID. You will remain responsible for your obligations hereunder in any event. An EatID Director or Officer must agree to any modification or waiver of any term of this Agreement in writing.
Notifications. EatID can be contacted at 4859 West Slauson Ave, Suite 580, Los Angeles, CA 90056. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Portal of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.
Third Party Sites and Ads. EatID and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. The Portal may contain links to third party sites and advertisements for third parties (collectively, “Third Party Sites and Ads”). Such Third Party Sites and Ads are not under the control of EatID and EatID is not responsible for any Third Party Sites and Ads. EatID provides these Third Party Sites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites and Ads. Advertisements and other information provided by Third Party Sites and Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a Third Party Site and Ads, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites and Ads that are found on or through the Portal, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
Trademarks. EatID, Inc. owns the trademark “Selectivor” and all associated Selectivor trade names, service marks and logos. Selectivor trademarks and Selectivor logos may only be used in conjunction with goods and services produced by EatID, Inc. or with the express prior approval of EatID, Inc. All other trademarks used on the Portal are the property of their respective owners.
Languages other than English. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Final Agreement. This Agreement supersedes all prior agreements and understandings written and oral, between you and EatID.