Welcome to FoodCare. These Terms of Service constitute a legally binding agreement ("Agreement") governing the terms of providing you with our services and applies to the FoodCare website (www.foodcare.com), the FoodCare App, Content, APIs, and data feeds (“FoodCare Services” or “FoodCare Service”) . Throughout this document, the words "FoodCare," "FoodCare Inc.," “FoodCare App,” “app,” “Services,” “us," "we," and "our," refers to us, FoodCare, Inc. or our FoodCare mobile app and any additional FoodCare services as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.

1.    Description of Service

FoodCare Inc. provides products and services for its partners through the FoodCare applications, content and services. FoodCare's nutrition insight applications allow app users to understand if a food item is appropriate for their dietary guidelines. Subject to the terms and conditions of this Agreement and our Privacy Policy, everyone is eligible to use our Services and app.

2.    Information Supplied

When using the FoodCare Services or FoodCare App, you may need to provide your company name, name, e-mail address, height, weight, gender and chronic condition. We may also obtain a list of your Facebook, Twitter, foursquare and Pinterest contacts using this or other information that you provide to us, to help you network better amongst your friends; and at times you may elect to share information with other partners on an opt-in basis, and we will do so to help you and that partner better interact. In addition to providing us with the above information about yourself and your company, you must be at least thirteen years of age or older to use our service. The Children’s Online Privacy Protection Act prohibits us from collecting information from anyone whose age is thirteen or younger. We apologize for any inconvenience this may cause.  

3.    Disclaimer

The FoodCare App and other FoodCare Services are to be used as a guide for dining out and appropriate food items for those with chronic diseases. The statements, information, and products found herein are not intended to diagnose, treat, cure or prevent any disease. The information found on the website or apps should not be considered as complete and should not be used in place of seeking individualized care from a physician or other health care provider. Always consult your healthcare provider if you have any questions about a medical condition, or before changing your diet or commencing or discontinuing any course of treatment. Never disregard professional medical advice because of something you read on FoodCare App, FoodCare websites or FoodCare Services.

The dietary guidelines provided in the FoodCare App and other associated FoodCare websites and Services are derived from, but not limited to the following health organizations, institutions and health practitioners:

FOODCARE USES DIETARY GUIDELINES USED IN ITS SERVICES FROM CLINICAL SOURCES (WE DO NOT DEVELOP THEM INDEPENDENTLY WITHOUT HAVING CITATIONS), BUT YOU SHOULD ABSOLUTELY CONSULT A REGISTERED DIETITIAN, WHO CAN PERSONALIZE THE GUIDELINES TO YOUR SPECIFIC NEEDS, ESPECIALLY IF YOU HAVE A CHRONIC DISEASE OR ANY SPECIAL NEEDS.

It is the responsibility of the user or anyone who may use information provided on FoodCare App or associated FoodCare owned Services, websites, blogs, social media, printed content and any other platform connected to FoodCare to assure that any and all products they use in executing recipes, choosing meals at food establishments are allergen-free (gluten-free, egg-free and/or dairy-free, for example), vegan or otherwise suitable for their own dietary uses. Always consult with the Kitchen Manager, Owner, or Chef before ordering. They cannot guarantee that no cross contamination will occur. No responsibility or liability is assumed by Restaurants, Food Manufacturers, Cafeterias, etc., or FoodCare for any errors in labeling or nutritional content or changes in ingredients or prepared products used in recipes and menu items that are the direct or indirect result of the actions and activities of the suppliers, distributors, and purveyors of said ingredients and products. FoodCare assumes NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS about products, meals, recipes or comments on FoodCare App and associated FoodCare owned websites and Services.

Your healthcare provider has the option to provide his/her dietary recommendations into your own account, which falls under the healthcare provider’s liability and is not to be viewed as advice from FoodCare or its affiliated products. You should strive to find the right specialist for your needs. 

Content provided by FoodCare, its affiliates, or Health Association partners are not a substitute for advice and service provided by a qualified and licensed medical professional. Any health related information found herein is available as part of a general educational and commercial service.

Always consult your healthcare provider if you have any questions about a medical condition or prior to changing your diet of commencing or discontinuing any course of treatment.

The dietary guidelines provided in the FoodCare App and other associated FoodCare websites and Services are derived from, but not limited to the following health organizations, institutions and health practitioners:          

  • Academy of Nutrition and Dietetics
  • Food Allergen and Labeling Consumer Protection Act
  • Institute of Medicine
  • National Heart, Lung and Blood Institute
  • National Osteoporosis Foundation
  • The National Kidney Foundation
  • United States Department Agriculture

4.    Our Copyright

You agree not to use nutrition data from FoodCare's apps or services for any commercial purposes without our prior written consent.            

5.    Trademarks

FoodCare® and Nutrition Insights™ are trademarks used by FoodCare Inc. to identify our website, app, and other aspects of our business. You agree not to use any FoodCare trade name, trademark, service mark, logo, domain name or brand features without FoodCare’s express prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph. You agree that FoodCare may use your service mark or logo in marketing collateral. 

6.    License from FoodCare

FoodCare gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable and non-exclusive license to use the software (hereby the “Software”) provided to you as part of the services solely to enable you to use the Services in the manner authorized by these Terms of Service.

You may not directly or indirectly copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part of the Software, nor permit or facilitate others in doing so.

7.    Revocation of Consent

Where FoodCare Inc., has given prior written consent for your use of our protected material in accordance with our above "Copyright" and "Trademarks" provisions, we may revoke that consent at any time for any reason. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.

8.    Your content license to FoodCare/Removal of Content

You retain copyright (and any other intellectual property rights) you currently possess in any Content you submit, post, or display on FoodCare.com or through the Services. By submitting, posting, or displaying your Content through the Services you grant FoodCare a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content you submit, post, or display through the Services for the sole purpose of enabling FoodCare to display, distribute, perform and promote the Services.

You represent and warrant to FoodCare that you have the right, power, and authority to grant FoodCare the license set forth in the paragraph above.

While you may submit images on FoodCare.com or through the Services, any image you submit must be a dish related image that is owned by you and not subject to third-party copyrights and does not contain third-party trademarks. A non-exclusive example of an acceptable image would include images of dishes prepared by you.

FoodCare reserves the right to remove (without notice) images that are not related to dishes or food, that are inappropriate (as determined in FoodCare’s sole discretion), that contain copyrighted or trademarked materials which FoodCare believes to be owned by a third party, or that appear to contain information personally identifying individuals who are under the age of 18. We recommend you keep back-up copies of your submissions on your hard drive or other personal system, as the Service is not intended to be used as a back-up for your original content.

9.    Third Party Websites and Content

FoodCare frequently uses hyperlinks to third party websites as part of its provision of the Services. You agree that FoodCare is not responsible or liable for any loss or damage which you incur as a result of your accessing third party websites through hyperlinks on FoodCare.com or other FoodCare services.

You also agree that FoodCare is not responsible or liable for the accuracy of any Content provided on third party websites. You agree and understand that you are solely responsible for screening your FoodCare search results and any Content found through FoodCare for ingredients which are objectionable to you, whether due to your allergies, religious beliefs, philosophical beliefs, illnesses or any other reason.

10.    No Warranty

THE USE OF THE FOODCARE APP AND THE FOODCARE SERVICES (INCLUDING BUT NOT LIMITED TO ITS CONTENT) IS AT YOUR OWN RISK. FOODCARE APP AND THE FOODCARE SERVICES ARE PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, FOODCARE DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE FOODCARE APP OR THE FOODCARE SERVICES OR WARRANTY OF TITLE OR NON-INFRINGEMENT.

In addition, FoodCare does not warrant, endorse, guarantee or assume responsibility for any Third Party Application, Third Party Application Content or any other product or service advertised or offered by a third party on or through the FoodCare Service or any hyperlinked website, or featured in any banner or other advertising. Consequently, FoodCare will in no way be responsible for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the FoodCare App or other FoodCare Services. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from FoodCare shall create any warranty on behalf of FoodCare in this regard.

11.    Severability

If one or more provisions of this Agreement are held to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable under applicable law, then (i) such provision shall be excluded from this Agreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, FoodCare Inc., shall have the sole right to elect which provision remains in force.

12.    Amendments

FoodCare may make changes to these Terms at its sole discretion. If we make any changes to these Terms we will notify you by posting the new version of the Terms on the FoodCare Website. It is your own responsibility to check the website for such postings from time to time. You may also be asked to re-acknowledge and reaccept the Terms following any material changes. Your continued use of the app following the posting or other notice of changes to the Terms will constitute your acceptance of such changes.

13.    Term and Termination:

These Terms will become effective in relation to you when you start using FoodCare App and will remain effective until terminated by you or FoodCare.

14.    Privacy

You agree that FoodCare has a right to collect and process the personal information we collect from you in accordance with the FoodCare Privacy Policy.

15.    Assignment

You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion without restrictions.

16.    Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOODCARE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE FOODCARE APP OR THE FOODCARE SERVICES (INCLUDING BUT NOT LIMITED TO ITS CONTENT), THE THIRD PARTY APPLICATIONS OR THE THIRD PARTY APPLICATION CONTENT EVEN IF YOU HAVE ADVISED FOODCARE ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.

Your only right with respect to any problems or dissatisfaction with the FoodCare App, the FoodCare Services, the Third Party Applications or the Third Party Application Content is to uninstall the FoodCare App and to stop using the related FoodCare Services, the Third Party Applications or the Third Party Application Content. In no event will FoodCare’s total liability to you in connection with this Agreement exceed the greater of one dollar (U.S. $1.00) or the total amount paid by you for the relevant FoodCare Services. Nothing in this Agreement removes or limits FoodCare’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

17.    Indemnity

You agree to indemnify and hold FoodCare and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of these Terms or your violation of any laws, regulations or third party rights.

18.    Entire agreement

These Terms together with the FoodCare Privacy Policy and any additional signed Contracts you may have entered into with FoodCare constitutes all the terms and conditions agreed upon between you and FoodCare and supersede any prior Terms of Service, whether written or oral. You agree and accept that you have accepted these Terms in reliance of or to any oral or written representations made by FoodCare not contained or referenced in this Agreement or the FoodCare Privacy Policy.

19.    Choice of Law and Disputes

These Terms shall be governed and construed in accordance with the laws of the State of California. Any dispute, controversy or claim arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of San Francisco County, in the State of California. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

Updated on: October 23, 2014.