Terms and Agreement Index

This agreement is between you and the partnered food database application company called, “Foodb LLC.” Members may terminate membership at any time.

You agree to hold harmless your partnered website organization/company that you have signed up with, listed at the top of the mobile application, from any or all damages occurring through food database application partnership company (Foodb LLC). Your organization/company has partnered with the food database application company to make available to you more tools that will help with living healthy. However, this is just a tool, not a substitution for medical doctors and nutritionists and reading all food labels if you have food allergies.

You agree to hold harmless other members of this site and Foodb from information entered by them in a good faith effort to keep the nutrition and allergies current on this site. A good faith effort does not mean that members have credentials of medical practitioners nor does heavy research need to be made. If a member has been using a food allergy list and found it to be useful, then he or she may enter these foods. Also some members may be experts solely because they have dealt with their allergy so long. In some cases an individual may be only familiar with his or her allergy while the food claims to be free of other allergens. The member may enter these also, especially if the information is coming directly from a manufactures food label. Members agree not consult others, unless they are a legal medical practitioner or nutritionist based on information contained in this nutrition tool.

This database application may be loaded with data from other reliable sites, like the USDA nutrition table. This does not guarantee that the UDSA was accurate on all of the nutrition information and therefore information on this site may be incorrect. This site should help food allergy suffers find new options of food, but individuals with food allergies should always check food labels before eating something.

Once again this site permits anyone to enter foods, nutrition, food allergens, etc. If we see reckless behavior, we will ban these members from using the application. We do not accept misuse of database application, copyright infringement, misuse of warnings, or under 18 year old usage. Foodb may seek action against members or their associates who recklessly enter false information, while reasonable information changes from label and other reliable information is appropriate. The site knowledge base is largely from members and others who have downloaded information into the app, who may not register, who may make mistakes. We block known malicious users. You should always read food labels to verify food allergies and when on strict medical diets.

The charts come from algorithms developed based mostly on USDA, American Heart Association, government, college, and other apparent reliable sites all listed below. If you have a problem with one of the references or the graphs based on this information then please contact us, so that we can consider the issue and refrain from using that particular graph:

http://ndb.nal.usda.gov/
http://ndb.nal.usda.gov/ndb/search/list
http://www.health.gov/
http://ods.od.nih.gov/factsheets/
http://www.cdc.gov/nutrition/
http://www.cdc.gov/nutrition/everyone/basics/protein.html
http://www.health.gov/dietaryguidelines/dga2005/document/html/chapter6.htm
http://circ.ahajournals.org/content/126/4/479.full#T1
http://lpi.oregonstate.edu/mic/other-nutrients/fiber
http://lpi.oregonstate.edu/mic/food-beverages/whole-grains
http://www.usfsa.org/content/Fat_How%20Low.pdf
http://www.cooks.com/rec/nutrition/fiber_cooks.html
http://www.acaloriecounter.com/diet/how-much-protein-per-day/
http://www.washingtonpost.com/blogs/wonkblog/wp/2015/02/10/feds-poised-to-withdraw-longstanding-warnings-about-dietary-cholesterol/
http://www.md-health.com/How-Many-Grams-Of-Sugar-Per-Day.html
http://www.thedoctorwillseeyounow.com/content/nutrition/art2059.html
http://healthyeating.sfgate.com/much-sodium-adults-need-daily-5362.html
http://www.livestrong.com/article/370303-how-to-calculate-minimum-daily-fat-grams/
http://www.healthline.com/health/type-2-diabetes/diet-restrictions#1
http://cardiacscanny.com/topicpage.php?linkid=720
http://healthyeating.sfgate.com/full-daily-intake-potassium-7105.html
http://www.livestrong.com/article/360569-what-is-the-recommended-daily-amount-of-potassium/
http://www.webmd.com/a-to-z-guides/potassium-content-of-fruits-vegetables-and-other-foods-topic-overview
http://www.marksdailyapple.com/how-much-sugar-is-recommended-per-day/#axzz3diCtuoVN
http://www.calculator.net/carbohydrate-calculator.html

There are three levels of users:

1. Members using the mobile app for free. This gives the user the ability to search and list up-to-date allergy-free foods, search for nutrition levels, search for preservatives, see their metabolic rate, how many calories are burned in exercising, and to add new allergy-free and other foods to the database.
2. Members using the app for free, but add 20 new foods each month. The benefits are the same as the monthly fee.
3. Members paying a $2 monthly fee.

A. Privacy, Security and Communication
Foodb offers free membership to those willing to add food items into the database and others who do not wish to use the enhanced version of the app.
Foodb does not ask for bank information. Foodb uses PayPal.com, so you know you financial information is protected by a large well-known company. When you join Foodb membership there is a small monthly fee and a fee to buy some apps. These small fees are collected by PayPal.com. If an app is purchased through Google Stores, then that fee is collected by Google.

Foodb does not sell email lists to other entities.

Foodb asks that you do not use your personal name as part of the username, does not request your address, nor bank information. The email address, state, what you are allergic to, and for better results on dieting your gender (not required) and age (not required) are asked for. Even though we believe our servers are well protected against cyber-attacks, we cannot guarantee the security of this information since our servers are loaded onto a Cloud server site called, “HostyourSite.” You must agree to hold us harmless for cyber-attack against our cloud partner and foodb. If you are concerned about losing some information to the outside world, then set up a special email address you only use on this site and do not input entirely accurate information. The only reason we ask for your State is for sales tax purposes. If you think with the limited email address and State information, that someone could find out who you are, then we ask you not to sign up. With the sophisticated cyber-attacks or hacking we cannot guarantee the total security of this information.

We do not want to know your name, address, and zip code. This is why we use PayPal to collect our small fee, since PayPal has strong internet security over banking transactions and your personal information. When members sign up with PayPal it also reduces the chance of fictitious members joining and entering incorrect information into the database.
Foodb never sells your Email address or other information.

All site visitors who enter their Email address and click to join or search our site agree to accept Email from Foodb, until such time as they opt out.

Banking and financial information is processed and protected by PayPal.com and Foodb is not liable for PayPal's controls over or any damage or loss related to your confidential information. PayPal is a world known and reliable financial institution and is the largest used payment method on Ebay.

Foodb will not sell your personal information to outside parties. Global information on members may be used for articles, to sell, or other. It is not specifically identified with you. However, Foodb cannot guarantee or warranty that your username (not real name), email address or personal allergy preference information, diet logs and anything else you enter on the site will be kept confidential. By signing up to the site you give full rights to Foodb to connect to your email on Facebook, Twitter, Instagram and other social media sites. Foodb may use your email to match profiles of others on Facebook who may be interested in Foodb allergy-free lists.

Foodb may use your email address to notify you of personal information that appears incorrect or to notify you of changes in the site, user agreement or information deemed important by Foodb. Users may communicate with Foodb by clicking the email icon and the Contact Page. Foodb or the User are not required to respond to each other's emails, but should respond out of professional courtesy.

Foodb and its cloud partner may interrupt services at any time and not be held liable for the service stopping. Also the service may stop for reasons out of control of Foodb and in these cases Foodb cannot be held liable. Nor can Foodb be held liable for loss of information.

You agree not share your Foodb password with anyone. Foodb will never ask you to send financial or other sensitive information to us in an e-mail, yet we may ask you to enter this type of information on the contact us option located in the Foodb application.

Users agree not to hold Foodb responsible for any misuse of the site, errors or mistakes by PayPal when used, relying on information provided by other users, or damages caused through hackers or unauthorized individuals invading, stealing, or using information from the site inappropriately and unlawfully.

Any suggestions submitted to Foodb become the property of Foodb, while there is list too large to ever complete of future ideas not yet implemented. If a suggestion is easy to implement and would help other application members, then Foodb will consider making the change.

B. User Restriction Policy
Requirements for Membership - The following individuals cannot sign on as members, since they may pose risks for the site, themselves, or other members.
* Individuals not of legal age or competent.
* Individuals with a serious allergy that may not have the mental ability to understand the warnings on this site.
* Individuals with a spouse, dependent, parent, parent-in-law, grandparent, cousins, brother or sister in law, siblings, or personally have ever sued as a plaintiff or assisted in preparing a legal case in court that included health or medical damages, whether they won, lost, or settled.
* Individuals who have been convicted of a felony within the last 10 years.
* Individuals who have ever been arrested for fraud.
* Individuals dismissed from work for fraudulent activity, even if the employer did not press charges.

I attest to not fall into one or more of the categories above, when I click the agreement to become a member. Individuals who sign up knowing they do not qualify, waive any rights associated with qualified membership and agree they should not have been using the site within any legal liability case. They also agree by way of not qualifying to use the site to be solely responsible for any information they used and gave to others to use. Foodb acts as a facilitator for members to enter allergy free foods and disclaims any responsibility for member errors.

Termination of Membership without Explanation

Members may be terminated from the site without explanation. Foodb does not have to prove purposeful or willful damages caused by a user. Users that lose their access to the site may email a written appeal with Foodb to reconsider their decision. Foodb does not have to respond to this email and will do what it deems is needed maintain the integrity of the food database.

Foodb reserves the right to terminate or limit account access privileges of users who it deems have misused their privileges.Users agree to be liable for willful, apparent, or negligent damages they make to the database or site. Since it is hard to log all errors, damages may include finding and fixing the errors in the database.

Commercial Entities Use of Site

Foodb does willfully partners with sites needing food database applications. However, members and partner users agree not to download excessive amounts of digitized data, such that he or she could be creating a specialized database or food list in competition or noncompetition with Foodb.

Agents for other food or related food organizations that want to be members. This does not apply to the average site member:

Businesses and websites may use our free applications and partner to use a food database application and freely link to our site. Persons linking to our food lists are responsible for making additional warnings about potential food information errors, simple users should ultimately rely on food labels and medical practitioners.
Please use our email link to contact us.

Also businesses may enter and update ingredient information for their products on our site. However, we will not endorse any specific food product. Some advantages to business who use this Foodb to maintain allergy free information are:

a) concerned members may update your food items they find contaminated that would immediately show on members daily food dairy, so more people can avoid having reactions, until your company can do a recall. Your business could find out problems quicker as a member of our site,

b) it may save your company from having to produce a food allergy database, since you can create a list by your brand and put it on your site, which will update automatically when our database is updated,

c) it may reduce the personnel costs for a company that deals directly with allergy concerned individuals,

d) it may increase customer knowledge on your products which are free from harmful preservatives, gluten free, milk free, nut free, fish free, and/or egg free, etc. with less liability,

e) it may help you avoid litigation since the data base is updated as soon as the change is made and accessible to member daily food diaries immediately,

f) it may save you money and time resending out updated information to customers.
There is a nominal member fee is for individuals and businesses. If a business wanted to make us their official data base for public food allergy information, then they should attach appropriate warnings to users of the data, mainly explaining how food information is obtained from members and may contain errors.

If an agent of a company willfully deletes a preservative or changes nutritional information on the database that is harmful to members to make his or her product look safer or be more appealing, the penalties of misuse by those agents or other companies could be severe, since they are considered more expert on how their foods are made than the normal user of the site. He or she agrees to pay for any damages to Foodb or others for such neglect. We keep logs of the member changes to our database.

Commercial Issues and Excessive Down Load Prohibitions

Users that partner with us by linking their members to our food allergy lists may carry out normal commercial businesses. However, users agree to not extract food allergy lists from this site's information to be sold or used commercially. Copying Foodb's food allergy database or lists to compete with Foodb is strictly prohibited. This is copyrighted information. If individuals do this kind of activity, even with an undisclosed agent, they personally agree and the company they represent to reimburse Foodb any costs: in finding out what happened, court costs, costs to regain potential market share, including transferring ownership of the new competing company, and any other Foodb losses or damages associated with the theft of the database.

It is acceptable to use our food or brand list link and place it on your site, which would look like you had the data. Also, partnering with our data base app download and offering it like yours is appropriate, because we have a partnership and you are providing your users with more services. Our partners cannot hold us liable for downtime and/or events out of our control. Partnership costs from Foodb are so inexpensive that the partner recognizes that liability is limited to the amount directly from the partner and in no way covers any other damages, such as loss of use, tarnished image of site, site users being frustrated or upset with Foodb, or any other perceived damage. The partner would have to pay a substantial amount of money, greater than $10,000, and sign a written separate legal binding document that spelled out exactly what type of expectations and liabilities were accepted between the parties. Partner recognizes that any statements from sales team or on email from Foodb employees and directors cannot be considered part of the contract, unless signed off in a separate contract by the President of Foodb.

It is acceptable to produce lists of foods produced by your own company. Commercial users agree to add or edit food database items only when they apply to their product or when they have appropriate documentation for changing other vendor's food product information.

C. Complaint Policy

Foodb reserves the right to terminate or limit account access privileges of users who it deems have misused their privledges, including downloading excessive amounts of data. No refunds of subscription fees are allowed in this case.

The user understands that Foodb is a facilitator by maintaining a database members can use to track foods, allergens, and ingredients, and therefore not liable for member errors. Inherent in this site is the chance other members enter faulty data. The user acknowledges this site weakness and agrees to not use food products for anyone with allergies or intollerances until he or she verifies with manufacter documentation the status of the foods. Member agrees that Foodb is not to be held responsible for system downtime nor faulty database problems. Also, Foodb is not liable for favorite lists and personal daily diet logs lost due to system failure or upgrade. Members should use site to find quick user lists and then validate the data before applying it to his or her diet. User understands that he or she is ultimately responsible for validating food content in the database or database lists.

User agrees to use arbitration of three individuals rather than the court system to resolve any and all complaints. Arbitration may be performed over the phone or by email. Arbitrators shall be selected from individuals without conflict of interests with any and all parties involved. Foodb will provide lists of arbitrators. In all non-legal and legal situations the user agrees to evaluate Foodb on access to the information provided by other members, rather than accuracy of site information. The user of this site understands that this is a small business where service may not always be timely and there may be times when the site is down when the user wants to use it. Since not all mobile devices or access software have been tested, there is a change of site errors. Foodb management believes larger companies and others have not made sites like this, because there is no big money in it.

Members and users agree that if Foodb refunds subscription monies (just principle not including any lost interest) for the subscription period in which notice was given in writing (emails included) to Foodb that the user has no legal recourse to pursue any other type of losses nor does member have a right to ask back monies for prior subscription periods. User agrees that by becoming a member that he or she will immediately notify us of complaints within the current subscription period by email or other written correspondence.
User agrees to assume all liabilities where he or she has used or distributed information from this site, including sharing of their password with a non-member. This sharing of information is not permitted.

D. User Warning Policy
The database is maintained by the members of the site, whom are not officially verified as to their medical background nor whether they have any medical experience. Most members either have children with allergies or have allergies themselves. You should always see your doctor to verify food diets and to avoid of allergenic foods. The goal of the site is to help you obtain food ingredient and allergy information easily and fast. You agree to be responsible to always read food labels! Also, not all manufactures list all ingredients on the labels. You agree to be alone responsible for verifying with manufacturers and distributors the accuracy of food labels and the FoodB database information. Use these lists with caution due to the fact that manufacturers change their ingredients and production methods without warning.

Member agrees to stay current with and abide to updates to the user agreement. Yet any changes in charges would not be effective without the member agreeing to the change in advance.

Also a member of the site can make a mistake when updating the status of a food product. As a member you agree not to hold other members liable for mistakes they may make. For example, members may use their personal allergy free list to enter database items.

We want no one hurt from this database, so users agree to take these warnings seriously. In addition, this website can't guarantee that the food lists are truly free from allergens, even when identified as free from allergens (ie. gluten free, sugar free, corn free, nut free, soy free, yeast free, milk (casein) free, egg free, fish free, etc.).

User acknowledges that Foodb is a facilitator for members to use knowledge of other members to enter food ingredients and their allergens. Foodb is complex database, but easy for members to use.. Members (users) enter the foods and their ingredients. Foodb maintains the site location, site format, user information, user food database information, and terminates users identified as breaking the user agreement.

There is no guarantee (nor unwritten guarantee) to how long it might take Foodb to find a member that is capricious in his or her entries. The database tracks the last user that changed each food item. So if we sporadically find or are notified through email of unusual changes to food ingredients in the database without reason, we can find out who the member is and permanently terminate that user's membership. We can also find and fix other food items changed by that member.] In the future we plan to rank users according to length of membership, etc. but do not currently do this! So you can join and start adding items immediately.

E. Member Use and Fees

* Free Registration Option 1* or just use searches and lists on the site without personal tracking
If you are willing to properly add or update 20 food items every 3 months at Quick Links, your subscription payment will be refunded and you pay nothing. .
Register (subscribe) to become a member and then within 48 hours add or edit 20 grocery or restaurant foods on our site for a full electronic refund. Follow instructions in next paragraph.
Register
Enter or improve 20 items at Food Input,
then go to Contact us and
simply enter your username & select option called "Added 20 Items - Refund " and clicksend within 48 hrs,.
Your payment will be electronically reversed at no charge to you.
Every 3 months enter 20 items before the next subscription period and contact us like above for the electronic refund or you automatically switch to Option 2 below. (There are no hidden fees and you may cancel anytime.)
Note: You must add the items on the same computer (ISP) you used to become a member (unless you contact us to change the ISP number). The system automatically tracks your changes.

Option 2
It only costs $1.99 per month until cancellation. No invoice is sent. Improve your allergy health now! See additional details in user agreement policies. Register now under this option. There are no hidden fees. You may terminate membership at any time, however payment periods are for 3 month blocks ($5.99). See details below.
Once you become a member our goal is to maintain your same membership fee, even if we have to charge newer members a higher fee.

Pertaining to All Members

Adding to or Updating Data Base - Foodb reserves the right to look at the food items added and food items edited to validate actual improvements to our database. You can enter the food updates for membership months in advance. If the entries do not improve the database, then your membership may end. Any member or nonmember willfully entering erroneous data is responsible for those changes.
Initial Sign up - Since members can change our food database in seconds, it is important for us to verify some member information. We simply ask for you to sign up with PayPal.com or use your credit card and those companies will independently verify that you have a legitimate bank account. This improves the quality of our members.

Membership Period and Billing for Paying Members - Membership is renewed each month automatically for up to five years or until cancelled. Foodb bills members through PayPal or their credit card each month or quarter, depending on the plan the member signs up for. Members may terminate membership at any time. Members are not refunded any of their funds paid through PayPal or their credit card to Foodb once the subscription period starts. (The only exception to this is when a member adds 20 new food items. The adding of food and request for refund must be done within 48 hours of the charge.) This membership condition exists because of how the small membership charge is and the high personnel costs in making refunds. Therefore, we do not refund any membership fees after each subscription period starts.

Termination of Membership - Members wishing to terminate membership must follow procedures listed in the registration link under the "End membership" link. If you go through PayPal you must unsubscribe with PayPal to terminate membership billings and charges. If you terminate your membership you must still pay for the months you were already billed for.
User agreement Changes - Foodb reserves the right to change wording in the user agreement that applies from the end of each month changed and to future periods (not retroactive). Users must determine whether to remain a member under the new provisions or terminate membership.