Bon’App, Inc.

TERMS OF USE

 

1. General Terms

The Terms of Use set forth below (the “Terms of Use”) are intended to make the user (“You” and “Your”) aware of Your legal rights and responsibilities with respect to Your use of the Bon’App, Inc. (“Bon’App”, “We”, “Us” or “Our”) website (“Website”) or Application (“Application” and collectively with the Website, the “Platform”). Our goal is to ensure that You enjoy using Bon’App, that Your legal rights are respected by other users of Bon’App, and that You respect the legal rights of other Bon’App users.

These provisions affect Your legal rights and remedies. Read them carefully. Your use of Bon’App shall indicate Your consent to be legally bound by, and comply with, all of these Terms of Use. By using the Platform You represent and warrant that You, or if You are under 18, Your parent or legal guardian, have full right, power, and authority to agree to, and to fully perform Your duties under these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS THE PLATFORM.

The headings used throughout these Terms of Use are intended to be illustrative of the subjects discussed under each heading and are not exhaustive descriptions of the issues discussed; please read these Terms of Use in their entirety.

We reserve the right, in Our sole discretion, to modify or replace these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, We will notify You via email. What constitutes a "material change" will be determined in Our sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such alterations. Your use of the Platform following such notification constitutes Your acceptance of the terms and conditions of the Terms of Use as altered.

 

You must be at least 13 years old to use the Platform.  If You are 13 years or older but under the age of 18, then You agree to review these Terms of Use with Your parent(s) or guardian(s) to ensure that both You and your parent(s) or guardian(s) understand and consent to these Terms of Use

2.  General Disclaimers
Use the information provided by the Bon’App Application and Website wisely and at Your own risk.  Everyone is different and what is healthy for some people may not be healthy for other people.  Talk to Your doctor, dietician, or other qualified health care provider about what foods you should and should not be eating. Bon’App provides its application services for informational purposes only and should not serve as a substitute for medical advice. Bon’App collects and provides information but makes no claims as to the validity or accuracy of the information. The dietary recommendations made by Bon’App are based on the United States Department of Human Services and United States Department of Agriculture’s Dietary Guidelines for Americans 2010; the Institute of Medicine Food and Nutrition Board’s Dietary Reference Intakes: Macronutrients; and a scientific statement from the American Heart Association regarding recommendations for dietary added sugar intake, entitled “Dietary Sugars intake and Cardiovascular Health: A Scientific Statement from the American Heart Association.”  The recommendations might be tailored based on the information users input regarding their age group, gender, height, and weight.   In addition to the aforementioned sources, an exhaustive literature search encompassing various studies surrounding the correlation between various macronutrients and health outcomes was conducted; such references include data from the United States Centers for Disease Control and Prevention, the National Institutes of Health, and the counsel of various nutritionists, dieticians, and physicians.  

The dietary recommendations made by Bon’App in regards to salt are the daily recommendations for sodium. Bon’App uses the term "salt" instead of "sodium" because salt is the term more commonly used by the average consumer, even to designate sodium. Salt actually consists of sodium and chloride and the sodium portion is the part that causes health concerns. Even though Bon’App technically tracks sodium intake and uses the daily recommended amount of sodium for the daily limit, we use the term salt in place of sodium throughout the app and website.

 

Use Your best judgment and own knowledge in deciding what to eat. You should never delay seeking professional medical advice or disregard professional medical advice as a result of information contained on Bon’App.

Bon’App aims to give You information so that You can make healthy eating decisions for which You take sole responsibility. If You currently have, or have had a history of, eating disorders, and/or if You are underweight or overweight, or have been diagnosed with other nutrition-related conditions, Bon’App may not be for You, and You should talk to Your doctor, dietician, or other qualified health care provider. Bon’App should never be a substitute for medical advice.

You expressly agree to use Bon’App at your own risk.

 

The Application does not provide medical advice; the content of this Application is for reference and consumer informational purposes only.  Nothing contained on the Website is or should be considered or used as a substitute for medical advice or treatment. Please contact a doctor, dietician, or other qualified healthcare provider directly with any questions regarding your personal health, nutrition, allergies, food intolerance, or any other medical conditions. Contact your healthcare provider immediately if you suspect you have a medical problem.  You should never delay seeking professional medical advice or disregard medical advice as a result of information contained on Bon’App. You should not rely on the information contained on Bon’App to decide what to eat or not to eat or to affect your diet in any way.

 

The contents of Bon’App, including text, graphics, videos, images, information obtained from Bon’App licensors, and other material contained on Bon’App are for informational purposes only. Bon’App does not intend the content to be a substitute for professional medical advice, diagnosis, dietary, or nutritional information.

 

3.  Disclaimer of Warranties
Bon’App makes no representations or warranties as to the conduct of doctors, nutritionist, dieticians, and other medical personnel. THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

4.  Limitation of Liability
Bon’App is not liable for damages, whatsoever, whether direct, indirect, general, special, compensatory, punitive, consequential, and/or incidental, arising out of, or relating to, the conduct of You or anyone else in connection with Your use of the Platform including without limitation, bodily injury, emotional stress or distress, and/or any other damages resulting from communications or meetings between You and medical personnel or any other persons You meet through the Platform.

5. Allergens and Food Intolerances

The Bon’App Platform is merely an informational tool and does not provide medical advice. We provide information about the possibility of allergens or food intolerances in food items as an informational service only and cannot be held liable if you choose to consume food that is or includes an allergen or food to which you have an intolerance.  Nothing contained on this Platform is or should be considered, or used, as a substitute for medical advice or treatment.  You should consult regularly with your doctor, dietician, nutritionist, or other qualified healthcare provider about your allergies and/or food intolerances. The Platform is not designed to diagnose any medical condition or to provide any kind of medical advice based on the information You input or You access by using the Platform. If you suspect that you may have eaten an allergen and/or food to which you are intolerant or are experiencing an allergic attack or reaction, you should seek medical attention immediately.

 

While we work to ensure that product information is correct, on occasion food industry processors, manufacturers, and service providers such as restaurants, cafeterias, or caterers may alter their ingredient list or the content of their food offerings at any time. Hence, we do not guarantee the validity or accuracy of the information provided by Bon’App about food items. Actual food items may contain different information than that shown in Bon’App. For these reasons, please always speak directly to the staff of the food service operators, such as the chef, server, or manager at a restaurant or cafeteria or caterer if you have known food allergies or food intolerance. You should always ask for an ingredient list and exercise caution as to what you eat or do not eat based on the information You obtain.

 

 

6. Medical Conditions

Bon’App is merely an informational tool and does not provide medical advice. Nothing contained on this Platform and in the Application is or should be considered, or used, as a substitute for professional medical advice or treatment.  We provide information about the possibility of foods that conflict with your medical condition, only as an informational service and cannot be held liable if you choose to consume food that is or includes anything that is incompatible with your medical condition. You should consult regularly with your doctor, dietician, or other qualified health care provider about your medical conditions and any changes in your health. The Platform is a computer program designed for informational purposes only and as such it is not designed to diagnose any medical condition or to provide any kind of medical advice based on the information You input or You access by using the Platform. If you suspect that you may have eaten something incompatible with your medical condition please seek immediate medical attention.

 

While we work to ensure that product information is correct, on occasion restaurants may alter their ingredient list. We do not guarantee the validity or accuracy of the information provided about food items. Actual food items may contain different information than that shown in Bon’App. For these reasons, please always speak directly to the staff of the food service operators, such as the chef or server or manager if you have a medical condition that requires any kind of attention. You should always ask the food service operators for an ingredient list.

7. Privacy Policy Please see our separate privacy policy.

8. Healthcare Industry Customer User-to-User Communications

Bon’App allows You to communicate directly with your doctor, dietician, or other qualified health care provider. You must opt in to this communication if you choose to do so.  Before exchanging information with a “Healthcare Industry Customer” you should verify that the Healthcare Industry Customer is definitely your doctor, dietician, or other qualified health care provider. The communications between You and your doctor, dietician, or other qualified health care provider belong to You, the user. Bon’App will not access or share the information in any way. Bon’App takes no responsibility, and You agree not to hold Bon’App responsible or liable in any way, for any doctor, dietician, nutritionist, or any other qualified healthcare provider who may breach Your confidentiality in any way.

 

You agree to take reasonable precautions in all your interactions with any other persons You meet through the Platform, whether online or offline.

 

9. Links to Third Party Sites

The Platform may provide, or third parties may provide, links to other web sites or resources. Because We have no control over such sites and resources, You acknowledge and agree that Bon’App is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bon’App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

10. Bon’App Community/ Public Areas/ Reviews/ Create-A-Meal

 If you communicate with other users, be they Bon’App users, Food Industry Customers, or Healthcare Industry Customers, through member-to-member communication or in “public areas” of the Platform (the “Public Areas”), by uploading images, text, video, or other media about menu items, your health, your food preferences, etc., you are solely responsible for your own communications with other members, the consequences of these communications, and your reliance on any communications with other members in Public Areas.

 

If you ever feel threatened or believe that you or someone else is in danger, You should immediately contact your local law enforcement agency. If you think You or someone else may have a medical emergency, call your doctor or 911 immediately. We assume no responsibility for the consequences of any personal interaction You may have with other members.

 

You agree to take reasonable precautions in all your interactions with any other persons You meet through the Platform, whether online or offline.

In consideration of being allowed to use the Public Areas and member-to-member communication, You agree that following actions on the Bon’App Application, Website, Public Areas, and/or Member-to Member communication constitute a material breach of these Terms of Use.  

 

  1. 1.Using the Application, Website, Platform, Public Areas, or Member-to-Member communication for any purpose in violation of local, state, national, or international laws; 

  2. 2.Posting material that is unlawful, obscene, defamatory, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Bon’App in its sole discretion;  

  3. 3.Posting advertisements or solicitations of business; 

  4. 4.After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);  

  5. 5.Posting chain letters or pyramid schemes;  

  6. 6.Impersonating another person;  

  7. 7.Distributing viruses or other harmful computer codes;  

  8. 8.Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; 

  9. 9.Allowing any other person or entity to use your identification for posting or viewing comments;  

  10. 10.Posting the same note more than once or "spamming";  

  11. 11.Posting copyrighted material; or  

  12. 12.Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Areas or the Platform, or which, in the judgment of Bon’App, exposes Bon’App or any of its customers or suppliers to any liability or detriment of any type.  

 

 

11. Bon’App Rights

Bon’App reserves the right (but is not obligated) to do any or all of the following:

 

  1. 1.Record the dialogue in public chat rooms.  

  2. 2.Investigate an allegation that communications do not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of such communications.  

  3. 3.Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.  

  4. 4.Terminate a user's access to any or all Public Areas and/or the Platform upon any breach of these Terms of Use.  

  5. 5.Terminate your account and/or stop providing all or part of Bon’App to You if You violate the letter or spirit of these Terms of Use or otherwise create risk or possible legal exposure for Bon’App.  

  6. 6.Remove or take down any information at any time or terminate any user’s account at any time.  

  7. 7.Monitor, edit, or disclose any communication in the Public Areas.  

  8. 8.Edit or delete any communication posted on the Platform, regardless of whether such communication violates these standards.  

  9. 9.Own user data, which We may compile, sell, or give away, for instance in the form of non-personal aggregated data comments users post about food items to third parties. You should review the Privacy Policy for more information [add link].  

 

12. Trademarks

Bon’App, the Bon’App icon used on our Website and the Application, and other Bon’App graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Bon’App in the U.S. and/or other countries. Bon’App’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

 

 

13. Copyrights

The Platform, including but not limited to Application, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Platform, contains proprietary information and material that is owned by Bon’App, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and You agree not to use such proprietary information or materials in any way whatsoever except for use of the Platform in compliance with these Terms of Use. No portion of the Application or the Platform may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application or the Platform in any manner, and You shall not exploit the Application or the Platform in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

14. Indemnification of Bon’App
You will indemnify and hold harmless Bon’App, its parents, subsidiaries, affiliates, customers, vendors, directors, officers, and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of Your use of the Platform, Your violation of these Terms of Use, or the infringement by You, or any third party using Your Bon’App account, of any intellectual property or other right of any person or entity.

 

15. Governing Law/Jurisdiction

These Terms of Use are governed by the laws of Massachusetts without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

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

 

 

16. Notice and Take Down Provision (DCMA)

If you believe any material accessible on or from the Platform infringes your copyright, you may request removal of such material (or access thereto) from this Platform by contacting Bon’App’s copyright agent (identified below) and providing the following information:

 

  1. 1.Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.  

  2. 2.Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.  

  3. 3.Your name, address, telephone number and (if available) e-mail address.  

  4. 4.A statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law.  

  5. 5.A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.  

  6. 6.A signature or the electronic equivalent from the copyright holder or authorized representative.  

 

Bon’App's agent for copyright issues relating to this web site is as follows:

 

Laurent Adamowicz, President & CEO

Email: laurent_adamowicz@harvard.edu

Bon’App, Inc.

PMB 380249 Mount Auburn

Cambridge, MA 02138

 

Updated May 1, 2011



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