3. AGE. The Forum is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Forum and the accounts for any such person shall be terminated upon discovery.
4. EDUCATIONAL PURPOSES. Information and content provided on the Forum are intended for educational purposes only. It should not be taken as professional advice and you should not rely upon it as such. If you are seeking specific advice regarding a gluten or health issue, you should seek the advice of a medical care provider in your area. We make no representations, promises, guarantees or warranties regarding information or content provided on the Forum.
5. GFC RIGHT OF REJECTION. GFC reserves the right to refuse to show or delete any and all content submitted to the Forum in our sole discretion without being required to provide notice of such action or the reason for such action. Content shall refer to any text, photos, chats, videos, audios, graphics or other materials uploaded to the Forum from a user account.
6. RELIANCE ON USER STATEMENTS. Users of the Forum may communicate with each other in a number of ways. Such communications may include offers, advice, and opinions of the user undertaking the communications. Said communications represent the views of the user making them and are in no way endorsed or supported by GFC in any manner. You seek the advice of a medical professional prior to following the advice of any user on the Forum. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to your communications with other users.
7. RELIANCE ON SERVICE PROVIDERS. The Forum contains a directory of service providers offering nutrition, dietary, and gut health related services. We (a) do not employ, recommend or endorse any service providers and have no control over the acts or omissions of those parties; (b) are not responsible or liable in any manner for the performance or conduct of any service providers online or offline; (c) make no representations or warranties about the quality of the services provided by any service provider or in regard to your interactions or dealings with the independent service providers; and (d) do not screen or evaluate service providers or perform background checks. You should perform your own due diligence before entering into a transaction or following the advice of any service providers listed on the Forum. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to your interactions or dealings with service providers.
8. NON-COMMERCIAL USE. As a user of the Forum, you expressly agree to use the Forum for non-commercial purposes unless first obtaining permission from us. The collection of user data or attempts to contact other users with commercial offers is strictly forbidden and constitutes grounds for termination of your membership. If you wish to advertise on the Forum or pursue a commercial communication with users, you must first contact us for permission. "Commercial use" refers to any action directly or indirectly leading to a for-profit transaction.
9. ACADEMIC USE. As a user of the Forum, you expressly agree not to contact users for non-commercial academic purposes without first obtaining permission from us. You also agree not to solicit users for participation in studies or to gather specific or aggregate information from the Forum or users participating in the community within the Forum. You may, however, contact us directly at firstname.lastname@example.org with academic queries. We reserve the right to accept or reject such requests in our sole discretion.
10. DISPUTES BETWEEN USERS. We may, but are not obligated to, monitor communications between users. Every user is solely responsible for the content they post on the Forum. You acknowledge and express agree that any dispute between you and another user is strictly between the two of you. You hereby waive any right to pursue GFC as a defendant in any legal proceedings and agree to indemnify GFC against any such claims as detailed in these Terms.
11. TERM AND TERMINATION. These Terms shall remain in full force and effect for so long as you remain a registered user with the Forum and shall survive the termination of your account. We reserve the right to terminate your account for violating these Terms or any relevant law without cause at any time. We may, in our discretion, provide you with a reason for termination, but shall not be required to do so. Should you desire to terminate your membership, please contact us at email@example.com and we will close your account.
12. USER CONTENT. You grant GFC a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the materials you post to the Forum. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Forum, you are further granting GFC, its affiliates, officers, directors, employees, consultants, agents, and representatives a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Content in connection with the operation of the Internet business of GFC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that GFC may publish or otherwise disclose your display name in connection with your User Content. By posting User Content on the Forum or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
13. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Forum, you agree to obey the law and respect the intellectual property rights of others. Your use of the Forum is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. All Digital Millennium Copyright Act matters are processed pursuant to our DMCA Policy, which you may read here.
14. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. GFC reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Forum, and, if applicable, to delete any such material from its servers. GFC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
15. CONFIDENTIALITY AND PASSWORDS. When you open an account to use or access the Forum, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a display name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account of someone else at any time. You agree to notify GFC immediately of any unauthorized use of your account or password. GFC shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by GFC, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
16. ALLEGED VIOLATIONS. GFC reserves the right to terminate your use of the Forum. You agree GFC or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Forum. GFC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but GFC reserves the right to terminate your account or your access to the Forum immediately, with or without notice to you, and without liability to you, if GFC believes that you have violated any of the Terms, furnished GFC with false or misleading information, or interfered with use of the Forum by others.
17. NO WARRANTIES. GFC HEREBY DISCLAIMS ALL WARRANTIES. GFC IS MAKING THIS FORUM AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE FORUM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GFC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FORUM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. GFC DOES NOT WARRANT THAT THE FORUM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE FORUM WILL BE UNINTERRUPTED OR ERROR-FREE.
18. LIMITED LIABILITY. GFC’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GFC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE FORUM OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY GFC. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
19. AFFILIATED SITES. GFC works with a number of third parties who may be linked with the Forum. Because GFC has no control over the content and performance of the third party sites, GFC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and GFC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Similarly, from time to time in connection with your use of the Forum, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that GFC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
20. PROHIBITED USES. GFC imposes certain restrictions on your permissible use of the Forum. You are prohibited from violating or attempting to violate any security features of the Forum, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Forum, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Forum, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Forum to send unsolicited e-mail or instant messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Forum; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by GFC in providing the Forum. Any violation of system or network security may subject you to civil and/or criminal liability.
21. PROHIBITED ACTIONS. Certain actions shall be considered an automatic breach of these Terms and result in the termination of your account. Whether an action constitutes a prohibited action shall be determined by GFC in its sole discretion. Prohibited actions shall include, but not be limited to, the following actions:
(a) Harassing users,
(b) Harassing moderators,
(c) Bullying others,
(d) Threatening others,
(e) Stalking users,
(f) Spamming users,
(h) Promoting criminal activities,
(i) Promoting tortuous activities,
(j) Promoting obscene material,
(k) Promoting violent conduct,
(l) Drug dealing,
(m) Uploading viruses,
(n) Uploading malware,
(o) Uploading any invasive software,
(p) Uploading child pornography,
(q) Promoting crimes against children,
(r) Soliciting users for gambling,
(s) Advertising services without our consent,
(t) Advertising products without our consent,
(u) Promoting fraud,
(v) Promoting contests without our consent,
(w) Promoting pyramid schemes,
(x) Promoting false information, and
(y) Providing misleading information.
We reserve the right to investigate any such prohibited actions and report them to law enforcement in our sole discretion.
22. MODERATOR ACTIVITY. Certain areas of the Forum have moderators assigned to them. Moderators are often also users of the Forum. We do not endorse or adopt any statements or actions taken by moderators when participating on the Forum in their capacity as users, not moderators.
23. LINKING POLICY. Users may find links on the Forum published by other users. We do not review the sites the links lead to nor do we endorse said sites or any products or services promoted on those sites in any manner. You agree GFC will not be held directly or indirectly liable for any damage you suffer when visiting said sites and we shall not be considered a partner, agent or other legal affiliation of any such site.
24. INDEMNITY. You agree to indemnify GFC for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless GFC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Forum, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. GFC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
25. COPYRIGHT. Copyright © 2015 – Gluten Free Community, LLC, 171 Main Street, Ste. 250, Los Altos, California 94022. All rights reserved.
26. EMAIL COMMUNICATION. When you contact us or register for a membership on the Forum, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.
27. ARBITRATION. You and GFC agree that any dispute, claim or controversy arising out of or relating in any way to these Terms or the Forum shall be determined by binding arbitration or in small claims court. By agreeing to these terms, you agree the Federal Arbitration Act of the United States governs the interpretation and enforcement of this arbitration clause, and that you and GFC are each WAIVING THE RIGHT TO A TRIAL BY JURY OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we jointly agree otherwise, the arbitrator may not consolidate more than one person's claims with either of our claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
You may opt out of this arbitration clause at the time you first join the Forum by providing written notice to us here: firstname.lastname@example.org.
If you elect to seek arbitration or file a small claim court action, you must first send us a written notice of your claim ("Notice") by certified mail. The Notice should be forwarded to: Gluten Free Community, LLC, 171 Main Street, Ste. 250, Los Altos, California 94022 ("Notice Address"). Notice sent by either party must describe the nature and basis of the claim and the specific relief sought. The parties shall then have 30 days to negotiate a resolution. If no resolution is reached, the parties may initiate formal arbitration proceedings. If we initiate arbitration, written Notice will be sent to you at the email address we have on file for you.
You can obtain a Notice form and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless you and we agree otherwise, any arbitration hearings will take place in Santa Clara, California or via video conferencing or telephone conference as determined by the arbitrator in their sole discretion taking into account the written requests of the parties.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, or through a telephonic hearing. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision in sufficient detail to explain the essential findings and conclusions on which the decision is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
This arbitration provision shall survive termination or amendment of these Terms and conditions.
28. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Clara, California in all disputes arising out of or related to the use of the Forum or Service should the arbitration provision of these Terms be invalidated for any reason.
29. AMENDMENT. The Internet is an ever evolving medium. GFC may seek to make changes to the Forum or face scenarios where new laws come into force which must be complied with by GFC and require an amendment to these Terms. Regardless of the reason, GFC reserves the right to amend these Terms. Should GFC seek to such an amendment, we shall:
(a) Provide you notice by email of said change 15 days prior to the change going into force.
(b) Clearly publish on the home page the fact an amendment will be made with a link to a page detailing the changes, the date the changes will go into effect and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this clause shall be terminated and the original Terms shall apply in full force and effect. All amendments to the Terms shall be forward looking.
30. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction rules any clause or condition in these Terms unenforceable, all other clauses and conditions in these Terms shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
31. NO LICENSE. Nothing contained on the Forum should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by GFC or by any third party.
32. QUESTIONS. If you have any questions regarding these Terms, please contact us at email@example.com.