A family of Apps to help you find the foods & products at your local store or on-line meeting your personalized needs along with websites to enhance your healthy living lifestyle.
A family of Apps to help you find the foods & products at your local store or on-line meeting your personalized needs along with websites to enhance your healthy living lifestyle.
Privacy Policy
1. Privacy PolicyJHMJLL, Inc. (referred to herein as “Company” “we” “us” and “our”) operates the NowFindGlutenFree mobile application (and other NowFind-branded mobile applications, collectively “Mobile Application”), NowFindGlutenFree.com (and other NowFind-branded web sites, collectively “Web Site”) and obtains personally identifying information from all of its users (“user” “you” or “your”). Maintaining the privacy of your personally identifying information is a high priority. Therefore, we have created this Privacy Policy to address the ways that the Mobile Application and Web Site collect information and to outline the ways we will use your personally identifying information obtained when you (i) use the Mobile Application or visit the Web Site; (ii) create an account with us; or (iii) otherwise contact us. You accept the practices and terms contained in this Privacy Policy by use of the Web Site or Mobile Application. This Privacy Policy may be updated to conform with innovations to our business model. Please continuously review this Privacy Policy for modifications. Your continued use after incorporation of any updates is your acceptance of those updates.
2. Your Information
(a) Personal Information. When you visit The Site, register with the Site, and/or correspond with Company, you may voluntarily provide your first and last name, telephone number, email address and zip code (collectively referred to herein as “Personal Information”). If you choose not to provide your Personal Information, you may not be able to use all of the features available.
(i) Name. We may request but do not require you to provide your full name. Providing your name can help to confirm authenticity and to personalize future correspondence.
(ii) Email Address. We request but do not require you to provide your email address. If you provide your email address we will utilize your email address to provide you with email updates, respond to your email inquiries, communicate with you subsequent to the transaction process, and/or provide you with other services. We do not share your email address with any third parties. You may notify us if you do not wish to receive email updates. At any time after registration you may terminate communication with us by clicking on “unsubscribe” on the bottom of every email and follow the prompts.
(b) Cookies. We use cookies to identify your browser and website navigation patterns and preferences. We use two forms of cookies: session cookies and persistent cookies. Session cookies track your preferences based on a single visit to the Web Site and persistent cookies allow the Web Site to remember your preferences on subsequent visits. Both session and persistent cookies are valuable in order to improve your overall experience and provide us with information to enhance our services. You can refuse, block, and/or disable cookies at any time, but doing so prevents us from providing you with the most effective services.
(c) General Use Statistics. We track user trends that do not require the analysis of your Personal Information. Instead, we retain certain general use statistics, including: number of visits; time spent; frequently viewed pages; type of browser used; and overall patterns of use.
3. How We Secure the Privacy of User’s Personal Information
We are committed to the security of your Personal Information. All commercially reasonable safeguards and administrative protections are implemented to secure your Personal Information.
4. Sharing your Personal Information with Third Parties
(a) Third Parties. We do not share your Personal Information with any third party.
(b) Transfer. In the event we choose to reorganize our business structure or merge with another company, we may transfer your Personal Information to continue providing you with products and/or services.
(c) Required Disclosure. we may be required to disclose your Personal Information in the following scenarios: in accordance with the law; to detect and address certain fraudulent activities associated with your account; to protect our rights; in emergency situations; and to provide services beneficial to you.
5. Links to Third Party Websites
We may elect to include links to third party websites, but we cannot control the privacy policy or operations of third party websites. Third party websites may contain privacy policies, which you should review for your own benefit. While it is convenient for you to use the links provided, the links do not suggest our endorsement, compliance, security, or affiliation with the third party and you access third party websites at your own risk.
6. Notice to California Residents
Pursuant to California Civil Code Section 1798.83, if you are a resident of the state of California and use our Web Site, you may request (a) Personal Information have obtained from you; and (b) a list of third parties that received your Personal Information with the names and address of the third parties and examples of products marketed by the companies. To request either of the above, write a letter identifying your name, address and email address to: Customer Care, JHMJLL, Inc., PO Box 542, Lake Bluff, IL 60044.
7. Minors
You must be at least (13) years of age or older (or the age of majority in your state/province/country of residence) to use our Mobile Application and Web Site or do so with and under the supervision of a parent or guardian’s consent. We do not direct our content or knowingly target children under the age of thirteen (13).
8. Updating Your Personal Information
We make a good faith effort to maintain accurate records of all data. You may contact us at any time to update and/or modify your Personal Information.
Mobile Application Terms of Use
The Mobile Application Terms of Use set forth below apply to use of the mobile software application (the “Mobile Application”) which is owned, operated, licensed, and controlled by JHMJLL, Inc. (“Company”).PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE MOBILE APPLICATION.
1. Acceptance. By downloading and installing and/or using the Mobile Application you, the Mobile Application user, agree to be bound by these terms and conditions of use (this “Agreement”). Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time effective immediately upon notice. Company may notify you of any changes at the email address you provided, if any. Please check this Agreement periodically for changes. Continued use of the Mobile Application following the posting of changes to this Agreement will mean you have read and accept such changes. You separately acknowledge, agree, represent and warrant that any information provided by you to Company is true, accurate, correct, complete and that this representation is an essential and material provision of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL THE MOBILE APPLICATION AND DO NOT USE THE MOBILE APPLICATION.
2. Age Requirement. To use the Mobile Application on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “AGREE” to enter into this Agreement on your behalf. Children under 13 years of age may not use the Mobile Application, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Mobile Application, including all financial charges and legal liability that he or she may incur.
3. Web Site. The Mobile Application works in conjunction with the contents of “www.NowFindGlutenFree.com” (the “Web Site”).
4. Service. Company provides services through the Mobile Application that allow users to browse our proprietary database of researched gluten free products combined with access to other content and educational materials available on the Web Site (the “Service”). You do not need an account to browse www.NowFindGlutenFree.com. You do NOT need an Account to use the Mobile Application.
Company is focused on providing users information and choices around healthy eating lifestyles.
You acknowledge that the Service allows you to access and use content and services offered by third party service providers (e.g., Twitter, Facebook, etc.) (“Third Party Service Providers”). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
You may not circumvent any technological measure implemented to restrict the manner in which content may be posted in the Mobile Application or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent Company accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “round-tripping.”
Company has the right, but not the obligation, to regulate content available on the Mobile Application (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications) posted to, stored on or transmitted via the Mobile Application by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Content (defined in Sec. 6.1)) by any user (or any other third party in any manner); and to enforce this Agreement, for any reason and in any manner or by any means that Company, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of Content, accounts and/or all or any use or access). Company may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Company action or inaction to regulate Content or conduct or to enforce against any potential violation of this Agreement by any user (or any other third party) does not waive Company’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar Content, conduct or potential violation.
Although Company may moderate Content and monitor compliance with Company policies and agreements, Company makes no representation or warranty that it will stop, cure or prevent any problem, content, conduct or purported violation from occurring or recurring.
5. Intellectual Property Rights. References to the Mobile Application shall include all proprietary rights in the software and data contained therein, in all forms and media now existing or later invented.
5.1 Trademarks. The Company trade name, Mobile Application name, name(s) of Company’s web site(s) and Company’s logos are trademarks of Company. A list of Company’s registered and unregistered trademarks can be found on the Company’s Web Site. You may not use any of Company’s trademarks without express written consent.
5.2 Copyright. Company is the author of, and owns all right, title and interest in and to, the copyright in the Mobile Application software code, all data contained therein, any related materials or documentation, and all copies of the foregoing. You acknowledge and agree that you shall not copy, distribute, publicly display or create any derivative works from the Mobile Application.
6. License & Access. Provided that you are in compliance with this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and make personal use of the Mobile Application and not to download, copy, distribute or modify the Mobile Application, or any portion of the Mobile Application. This license does not permit any resale or commercial use of the Mobile Application or its contents; any derivative use of the Mobile Application or its contents; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Mobile Application, Company or our affiliates without express written consent. You shall not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are permitted to download and share “shopping lists” that you create using the Mobile Application.
6.1 Content. In this Agreement, all content, music, audio, video, audio-visual, text, graphics, artwork, images, photographs, animations, data, information, software, designs, newsletters, assessment tools and other materials and legally-protectable elements of the Mobile Application and our services, tangible or intangible, including, without limitation, the selection, sequence, “look and feel” and arrangement of items, as well as all copyrights, trademarks, service marks, brand and trade names which you may encounter or use, shall individually and collectively, be referred to as “Content.”
6.2 Access. The words “use” or “using” or “consumer” or “consuming” in this Agreement, means any time any individual, including you, directly or indirectly, with or without the aid of a machine, automated or other device, accesses or attempts to access, interact with, use, display, view, print or copy or use any portion, feature, function or aspect of the Mobile Application, transmit, receive or exchange data or communicate with the Mobile Application, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Mobile Application, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or mobile applications or any links that may direct your browser, device or connection to third party mobile applications or pages.
6.3 User Generated Content. Company does NOT claim ANY ownership rights in the text or any other materials that you post on or through the Company Services (collectively, “UGC”). By uploading UGC to the Mobile Application or submitting any materials to Company, you automatically grant (or warrant that the owner of such rights has expressly granted) Company a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in such UGC have been waived. UGC that is not shared publicly (e.g. UGC designated private) will not be distributed outside the Mobile Application or Company Services without your consent.
6.4 Advertising. Some of the Company Services are supported by advertising revenue and Company may display advertisements and promotions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
6.5 System Requirements. Use of the Mobile Application, requires Internet access (fees may apply), a mobile device (fees may apply), and may require obtaining updates or upgrades from time to time. Therefore, your ability to use the Mobile Application may be affected by these factors. You acknowledge and agree that such system requirements are exclusively your responsibility. You acknowledge that use of the Mobile Application may require the use of other hardware and software products and that such hardware and software is your responsibility.
6.6 Representations & Warranties. You hereby represent and warrant that: (a) no part of this Agreement is or will be inconsistent with any obligation you may have to others; (b) you have the full right and authority to allow you to provide the assignments and rights granted to Company herein; (c) you shall not engage in any conduct that infringes on any copyright, trademark, service mark, trade name, patent, trade secret or other intellectual property or proprietary right or right of publicity or privacy of, or libel, slander, defame or disparage, any third party (“Third Party Rights”).
7. Restrictions on Use. Unless otherwise noted, the Mobile Application is comprised of copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. No Content from Company or any Mobile Application owned or controlled by Company may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Company.
7.1 General Restrictions. You shall not commit any of the following acts through your use of this Mobile Application:
(a) transmit any Content that is hateful, or racially, ethnically or otherwise objectionable;
(b) use foul language or post links to adult-oriented content;
(c) transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unrequested solicitation;
(d) post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links;
(e) post Content that discloses another’s personal, confidential or proprietary information;
(f) post Content that is false or fraudulent content;
(g) post Content that contains malicious content (including, without limitation, malware or spyware);
(h) use personal data or information about other users in any manner or for any reason other than the formation or completion of a transaction, or post-transaction communications; or
(i) collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
7.2 Restrictions on use of Content. In the event that you view, display, download or copy any Content from the Mobile Application, you agree to the following restrictions which may be revised by Company in its sole and absolute discretion at any time:
(a) using the Mobile Application does not transfer to you any commercial or promotional use rights in and to the Mobile Application or Content;
(b) Content and UGC may be subject to technical copyright protections in addition to the copyright restrictions afforded the copyright owner by law; and
(c) you shall not make any derivative use of Content.
7.3 You agree that you shall not upload harmful or malicious images, material or other UGC which may cause damage to the functioning of the Mobile Application or may render it unavailable for use. You also agree to not masquerade any other UGC as that required for Company’s operations. You agree to upload virus-free UGC that will not knowingly cause malfunction in devices and machines of Company and its customers or users.
7.4 You, and not Company, shall remain at all times exclusively responsible for any and all costs or claims arising out of, or related in any way to, any act or omission committed in response to, or suggested by UGC created or uploaded by you or on your behalf, including, but not limited to, suggestions or inducements to engage in any illegal, unsafe, scandalous, obscene, libelous or morally deviant or otherwise inappropriate behavior. You agree that you shall immediately notify Company in writing of any claim of infringement, obscenity, incitement, or any other legal action that is brought against you in connection with any UGC. You acknowledge and agree that Company shall not be held responsible for comments or remarks posted by users of the Mobile Application.
7.5 Company shall not be responsible for editing any UGC and you shall have no editorial control over the UGC after its submission. However, Company retains the right, in its sole discretion, to delete and/or decline to use any UGC that in Company’s opinion is illegal, unsafe, scandalous, obscene, libelous, morally deviant and/or otherwise of an inappropriate nature.
8. Violations. In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to immediately suspend or cancel your access to the Mobile Application or Accounts without further liability. Furthermore, you specifically agree that any intentional violation shall result in immediate liability for liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for breach of contract, in addition to any other remedies available to Company at law or in equity.
9. Forums and Other Public Communication. Company may provide Forums in connection with the Mobile Application. “Forum” shall mean a discussion group, chat area, bulletin board, instant-messaging feature, blog or e-mail function offered as part of the Mobile Application. You shall not upload to, distribute through, or otherwise publish through a Forum any content which is libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, intentionally violate the rights of any party, or that would otherwise give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not, without Company’s express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Mobile Application for any commercial product or service or other organizations is expressly prohibited.
10. Privacy. It is the policy of Company to respect the privacy of all Mobile Application users. Therefore, in addition to the privacy of registration data, Company shall not monitor, edit, or disclose the contents of a user’s e-mail and other information unless required in the course of normal maintenance and operation of the Mobile Application and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Company; (2) protect and defend the rights or property of Company; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages. Company’s Privacy Statement can be found on Company’s legal terms page: www.JHMJLL.com/legal.
11. Term, Termination & Removal of Content.
11.1 This Agreement is effective the earlier of (i) the first date the Mobile Application is accessed by you, or (ii) you click “Accept” (the “Effective Date”), and shall continue in effect until terminated by either party. You may terminate this Agreement at any time by uninstalling the Mobile Application, destroying all materials obtained from the Mobile Application and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. If you re-install the Mobile Application, you shall be subject to all applicable terms and conditions of use, including the most recent version of this Agreement. This Agreement shall terminate immediately without notice from Company if in Company’s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, your right to access and use the Mobile Application shall be terminated, your Account shall be terminated and you shall destroy all materials obtained from the Mobile Application and all copies thereof, whether made under the terms of this Agreement or otherwise.
11.2 Company may, at its sole discretion and at any time, discontinue providing access to the Mobile Application, or any part thereof, with or without notice. You agree that any termination of your access to the Mobile Application under any provision of this Agreement may be effected without prior notice. Further, you agree that Company shall not be liable to you or to any third party for any termination of your access to the Mobile Application.
11.3 Technical Errors Not a Breach. You acknowledge and agree that the Internet is sometimes unreliable, slow or inactive and that Company shall not be responsible for any delays and/or errors in the Mobile Application caused by Company’s Internet connection, equipment (including servers) failure, distributors and/or delivery services and/or by Acts of God, and/or any other cause beyond the control of Company, nor shall Company be responsible for any failure to list the submitted UGC due to transmission errors and/or any other cause beyond the control of Company.
12. Jurisdiction. Unless otherwise specified, the materials in this Mobile Application are presented solely for the purpose of promoting content and other products available in the United States, its territories, possessions, and protectorates. The Mobile Application is controlled and operated by Company from its offices within the State of Illinois, United States of America. Company makes no representation that materials in this Mobile Application are appropriate or available for use in other locations. Those who choose to access this Mobile Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Links to and from Outside Mobile Applications and Services. To the extent that this Mobile Application contains links to or from outside services and resources, Company does not control the availability and content of those outside services and resources nor is Company responsible for examining or evaluating those outside services, and Company does not warrant the offerings of any such third party or the content of their sites or applications. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
14. Disclaimer of Warranties. THE MOBILE APPLICATION, CONTENT AND MATERIALS IN THIS MOBILE APPLICATION ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE MOBILE APPLICATION, CONTENT OR OTHER FUNCTIONS CONTAINED IN THIS MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT OR THIS MOBILE APPLICATION OR ANY OTHER COMPANY MOBILE APPLICATION OR THE SERVER(S) THAT MAKES THE MOBILE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS MOBILE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
COMPANY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT ON THE MOBILE APPLICATION. CONTENT TYPES AND DESCRIPTIONS ARE PROVIDED FOR CONVENIENCE, AND YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT GUARANTEE THEIR ACCURACY. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR OF ANY USER OF THE MOBILE APPLICATION. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE MOBILE APPLICATION. COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, OR THE FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY MOBILE APPLICATION, INCLUDING INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE MOBILE APPLICATION.
The contents of the Mobile Application and any information provided herein, such as text, graphics, images, and other material are for informational purposes only. The information provided on or through the Mobile Application is not intended to be a substitute for personal, professional advice, diagnosis, or treatment. Reliance on any information provided by Company employees, CONTRACTORS, VENDORS others appearing on the Mobile Application at the invitation of Company, or other visitors to the Mobile Application is solely at your own risk.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICE, THE MOBILE APPLICATION OR THE CONTENT, OR (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE MOBILE APPLICATION). IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE MOBILE APPLICATION BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICE, THE MOBILE APPLICATION, OR THE CONTENT.
THE INFORMATION IN THE MOBILE APPLICATION AND/OR THE WEB SITE IS WRITTEN AND PUBLISHED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT HAS BEEN APPROVED OR EVALUATED BY THE FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY AUTHORITY. THIS WEBSITE IS NOT INTENDED TO PREVENT, DIAGNOSE, TREAT OR CURE ANY ILLNESS OR DISEASE.
YOU ASSUME ALL RESPONSIBILITY FOR CONSULTING A QUALIFIED HEALTH PROFESSIONAL REGARDING HEALTH CONDITIONS OR CONCERNS BEFORE MAKING ANY DECISION ABOUT YOUR HEALTH OR DIET. COMPANY IS NOT RESPONSIBLE FOR ANY ADVERSE REACTIONS, EFFECTS OR CONSEQUENCES RESULTING FROM ANY ACT OR OMISSION BY YOU BASED ON THE INFORMATION IN THE MOBILE APPLICATION OR WEB SITE.
17. Indemnity. You shall indemnify, defend and hold harmless Company, its officers, directors, owners, members, employees and agents (“Indemnified Parties”), from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to: a) any claim which, if proved, would breach any warranty, representation of you; and b) your breach of any term or condition of this Agreement.
18. Copyrights and Copyright Agents. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) 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; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Company’s Agent for Notice of claims of copyright or other intellectual property infringement:
Copyright Agent
JHMJLL Inc.
PO Box 542
Lake Bluff, IL 60044
By email: info@jhmjll.com
19. Governing Law & Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. You agree that any action at law or in equity arising out of or relating to this Agreement shall be litigated only in the state or federal courts located in Cook County in the State of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties hereby irrevocably consent to service of process in connection with any controversy by the mailing thereof by registered mail or certified mail, postage prepaid to the respective parties at their respective addresses set forth in or designated pursuant to this Agreement. Our failure to enforce any provision of this Agreement at any time for any period, or to respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of this Agreement as to that breach or any other. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
20. Cookies and Other Personal Information. You acknowledge and agree Company shall have the right to compile and use statistics related to the display, reproduction and distribution of your UGC, content and your purchases to better understand your preferences. Company hereby expressly reserves the right to collect information about its users, including, without limitation, information about you, via cookies and recorded data from Company’s servers and/or partners. It is expressly agreed to by the parties to this Agreement that it is permissible for Company to provide and/or sell any or all of the collected information to Company’s business partners, in Company’s sole discretion and judgment, without the necessity of notice to, approval by, and/or compensation to you; provided, however, except as otherwise provided on the Mobile Application, that in accordance with Company’s Privacy Policy, as set forth elsewhere, Company shall take reasonable steps to avoid knowingly disclosing your name, address, telephone number, or email address without first notifying you in advance in sufficient time to allow you to object and to legally prevent Company from disclosing said information. By using the Mobile Application, you acknowledge and agree that Internet transmissions are never completely private or secure. You acknowledge and agree that any message or information sent to Company may be read or intercepted by others, even if there is a special notice that a particular transaction or transmission is encrypted.
Web Site Terms of Use
The terms and conditions of use set forth herein (“Terms”) applies to the Internet Web site located at http://www.NowFindGlutenFree.com (the “Web Site”) and any other internet web site owned, operated, licensed, or controlled by JHMJLL, LLC (“Company”).
PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THIS WEB SITE.
1. Acceptance. By using the Web Site, you, the Web site user (“User”), agree to be bound by these Terms. Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time and without notice. Please check these Terms periodically for changes. Continued use of the Web Site following the posting of changes to these Terms will mean User has read and accepts such changes.
2. License & Access. Company grants User a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of this Web site or its contents; any collection and use of any classified advertisement listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
3. Restrictions on Use. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of any Company Web Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. No material from any Company Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Company. In addition, Users shall not commit any of the following acts through their use of this Web Site:
a. transmit any content that is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. use foul language or post links to adult-oriented Web sites;
c. transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unrequested solicitation;
d. post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links; or
e. collect, store, use or disseminate personal data or information about other Users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
4. Violations. In addition to any and all remedies at law or in equity, any intentional violation of the Terms shall give Company the right to immediately suspend or cancel Services or Accounts without further liability. Furthermore, User specifically agrees that any intentional violation shall result in immediate liability for liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for breach of contract.
5. Forums and Other Public Communication. Company may choose to provide Forums on the Web Site. “Forum” shall mean a discussion group, chat area, bulletin board, or e-mail function offered as part of the Web Site. User shall not upload to, distribute through, or otherwise publish through a Forum any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. User shall not, without Company’s express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. User specifically acknowledges that soliciting other guests of the Web Site to for any commercial product or service or other organizations is expressly prohibited. This prohibition shall not apply to promotional or advertising content provided by merchants with Accounts.
By uploading materials to any Forum or submitting any materials to Company, User automatically grants (or warrants that the owner of such rights has expressly granted) Company a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
6. Privacy. It is the policy of Company to respect the privacy of all Web Site users. Therefore, in addition to the privacy of registration data, Company shall not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of the Web Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Company; (2) protect and defend the rights or property of Company; or (3) act in an emergency to protect the personal safety of our users or the public. Users shall remain solely responsible for the content of their messages. Company’s Privacy Statement can be found here.
7. Indemnity. User shall indemnify and hold Company harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to: a) classified advertisements placed by User; b) any claim which, if proved, would breach any representation of User; and c) any and all Third Party Claims arising out of any content submitted by User or transmitted through this Web Site by User.
8. Termination. These Terms are effective as of the first date materials from the Web Site are accessed by User (the “Effective Date”) and shall continue in effect until terminated by either party. User may terminate the agreement formed by these Terms at any time by destroying all materials obtained from the Web Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. These Terms will terminate immediately without notice from Company if in Company’s sole discretion User fails to comply with any term or provision of these Terms. Upon termination, User’s access and account shall be terminated and User shall destroy all materials obtained from the Web Site and all copies thereof, whether made under the terms of these Terms or otherwise.
Company may, at its sole discretion, and at any time, discontinue providing the Web Site, or any part thereof, with or without notice. User agrees that any termination of its access to the Web Site under any provision of these Terms may be effected without prior notice. Further, User agrees that Company shall not be liable to User or to any third party for any termination of User’s access to this Web Site.
9. Jurisdiction.
Unless otherwise specified, the materials in this Web Site are presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The Web Site is controlled and operated by Company from its offices within the State of Illinois, United States of America. Company makes no representation that materials in this Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. Disclaimer. THE MATERIALS IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR ANY OTHER Company WEB SITE OR THE SERVER(S) THAT MAKES THE COMPANY WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Company BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF Company OR AN Company AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Company’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR ACCESSING THIS WEB SITE.
12. Links to Outside Web Sites and Services. To the extent that this Web Site contains links to outside services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
13. Copyrights and Copyright Agents. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. 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;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Company’s Agent for Notice of claims of copyright or other intellectual property infringement:
Copyright Agent
JHMJLL, Inc.
PO Box 542
Lake Bluff, IL 60044
By email: info@jhmjll.com
14. Miscellaneous. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. User agrees that any action at law or in equity arising out of or relating to these terms shall be litigated only in the state or federal courts located in the State of Illinois and User hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.