By using mySalu, you are agreeing to these Terms. Please read them carefully. If you have any questions, contact us at info@mySalu.com.
These Terms were last updated on November 3, 2016.
ACCEPTANCE OF TERMS
mySalu, LLC. (“mySalu”, "we," “us”, or “our”) owns and operates the current and future application, website, mobile and touch versions of mySalu, and any components of the application(s), including social media properties and features, including but not limited to Google, Facebook, LinkedIn, and Twitter (collectively, “App”). By using the App or otherwise registering with us, you, the “User” (nutritionists, registered dietitians (RD), and health care professionals, as well as diners), agree to comply with and accept the following Terms, which apply to you when you view, access, or otherwise use the App. You also agree to comply with any applicable local and federal laws, and regulations. We urge you to check these Terms frequently for updates, as they may change. If you do not wish to comply with these Terms, please refrain from using or accessing the App in anyway.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY STOP USING THE APP AND ANY SERVICES OFFERED THROUGH THE APP.
Thank you for using mySalu! We understand that dining is personal. mySalu focuses on restaurants and chefs affording those with dietary restrictions the opportunity to dine out with choices. Our goal is to enable you to locate a restaurant or dining experience based on criteria important to you and your diet. Because people do not want the spotlight on them when exercising their food choices, mySalu facilitates the process for both the diner and the restaurant.
The mySalu App allows a diner to specify their unique preferences and restrictions, then search by city or fare for nearby restaurants, cafes, delis, and bistros (collectively, “restaurants”). The map displays results indicating which restaurants received ratings from Nutritionists, Registered Dietitians (RD), and Health Care Professionals (collectively, “Professionals”), as well as other diners. More specifically, mySalu restaurants are rated for MSG, gluten, dairy, meat, fish, nuts, halal, kosher, and other qualifiers. The ratings are tallied and averaged for each category. Diners will only be able to rate based on availability (not desirability).
Diners searching a restaurant will then see their relevant categories and overall ‘grade’ for each restriction important to them. Professionals rating restaurants may make their contact information available, thus enhancing the value of their input to people with specific dietary needs.
USING THE APP
Eligibility: To access or use the App, you must be 13 years or older, and possess the requisite capacity to enter into these Terms.
Permission to Use App: Subject to your compliance with these Terms, mySalu grants you a non-exclusive, non-transferable, non-sublicenseable, worldwide, license for personal, non-commercial, use to access App.
App Availability and Access: The App may, from time to time, be modified, updated, interrupted, or suspended without notice or liability.While we use reasonable efforts to maintain mySalu’s and your account’s availability, you understand and agree that there may be interruptions in service.
User Accounts: Users may only view content on the App by creating an account. In order to post or review ratings, or otherwise interact with content on mySalu, including engaging Nutritionists, Registered Dietitians (RDs), or Health Care Professionals, by creating an account through the mySalu App (using your name and email address, and creating a password). You may not impersonate or create an account for anyone other than yourself, provide details other than your own, or create multiple accounts. By creating an account, you agree to receive certain communications in connection with the App or other Services.
App Updates: These Terms apply to any updates of the App. Such updates may occur automatically, without notice to you, and without permission from you.
USER GENERATED CONTENT
What is User Generated Content? User Generated Content is content available and accessible on the App, generated by Users, and not mySalu itself. There are three types of User generated content on mySalu: (1) Users may rate a restaurant based on availability, not desirability, of fare within a given restriction. (2) Users may favorite both (a) restaurants, based on their individual experience, and (b) other Users, based on User Generated Content available through the App. (3) In addition to rating restaurants, Professionals may make comments and provide their contact information, thus enhancing the value of their input to people with specific dietary needs.
Ownership: mySalu owns any and all user-generated content posted anywhere on any platform of the App. You agree and acknowledge to grant mySalu all rights in ownership of any content you contribute.
Right to Use User-Generated Content: We may use content generated by you on our App in a number of ways, including using reviews of experiences and ratings to publicly display incorporating into advertisements and other works, promoting it, and allowing Professionals and restaurants to do the same in connection with their own websites and advertising platforms. We possess the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, and monitor user-generated content.
Representation and Warranties: You represent and warrant that any content submitted by you has been created by you, or that you are an authorized agent of the content-creator and have express permission to the content. You represent and warrant that you will not transmit, upload, post or otherwise make available on the App content that is unlawful, solicitous, pornographic, threatening, harmful, racist, defamatory, or invasive of another’s rights, including a right to privacy.
Restrictions and Limitations on User Conduct: All interactions on the App must comply with these Terms. To the extent that we, in our sole discretion, find your conduct to restrict, limit, violate or inhibit any other user from using or enjoying the App or any part it, we may limit your access to the App and seek other remedies.
Submitting content to the App that is in violation of applicable laws (including laws pertaining to solicitation and solicitation of minors, rights of privacy, rights of publicity, and intellectual property laws) related to the Site or App or any third party’s rights;
Submitting content that contain viruses or malware;
Causing the unauthorized download or capture of any copyrighted, confidential or private information;
Providing purposely false, inaccurate or otherwise fraudulent information in connection with your account and information you may submit in the form of comments, experiences or ratings.
Providing false, inaccurate, misleading or otherwise fraudulent information in connection with your account or information.
Impersonating another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud;
Submitting information protected by copyright, trademark, and trade secret of other proprietary right collectively “intellectual property” or “IP” without the express permission of the owner of such IP.
Accessing data, accounts, pages or information not authorized for your access purposefully, such as by logging into another’s account;
Tampering, modifying or manipulating pages on the App that are not meant for public modification;
Modifying, tampering with, or otherwise creating derivative works of the App;
Submitting “spam” or “mail bombs” to the App or any Users; or
Using the Site or App to unauthorized advertisement or solicitation for commercial, political, religious purposed or otherwise, including by means of unauthorized hyperlinking to the Site from any other website.
Your Account: Any violation of these Terms may result in termination of your account, without notice. Upon termination, the provisions of these Terms shall survive the termination.
The Site contains material protected by copyright, trademarks and other proprietary information, including, but not limited to, audio, graphic, photographic and text information and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws of the United States. Except as expressly provided herein, nothing in the Terms gives you a right to use the mySalu name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the App is entirely voluntary and you agree that we can use the feedback, comments, and suggestions without any obligation to you. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.
PROFESSIONALS (NUTRITIONISTS, REGISTERED DIETITIANS, HEALTH CARE PROVIDERS) RELATIONSHIP
Professional Accounts: mySalu has no obligation, but reserves the right, to vet Professionals engaging with the App, which may include verifying professional licenses, designations, and/or credentials. Professionals are required to accurately list their credentials and qualifications, and may be subject to professional or licensing requirements. Any Professional found to falsify, exaggerate, or overstate their qualifications will be subject to account termination. Professionals are required to independently maintain any licensing requirements. If at any point, the designation or qualifications of any Professional User changes, including any professional license, the User must update their account accordingly. mySalu is not responsible to any party or User for reliance on information provided by any Professional.
Site and App’s Rights and Responsibilities: The App provides information about Professionals based on User generated content from individual Professionals themselves. The App is free from all liability and responsibility to any party as to the accuracy of information about Professionals, either supplied by Professionals and/or other Users, or retained through publicly available resources.
Professionals’ Rights and Responsibilities: Professionals are responsible for abiding by their own terms and conditions and any rules and policies applicable to transactions made through visibility on the App. mySalu has no responsibility to resolve disputes, cause compliance or in any other way enforce such terms and conditions between any Users, including User’s with designated as Professionals.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE APP TO YOU. EACH SUBSECTION BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE APP, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.
YOU EXPRESSLY AGREE THAT USE OF THE APP, PROVIDED TO YOU ON AN “AS IS” BASIS, IS AT YOUR SOLE RISK. THIS INCLUDES ALL CONTENT, USER-GENERATED CONTENT AND OTHER INFORMATION CONTAINED ON THE APP, PROFESSIONAL OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APP. NONE OF MYSALU, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE APP WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE.
WE DO NOT MAKE ANY WARRANTY AS TO THE QUALITY OR ACCURACY OF INFORMATION THAT MAY BE OBTAINED FROM USE OF THE APP, OR OF THE RELIABILITY OF USER-GENERATED CONTENT PROVIDED THROUGH THE APP.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, MYSALU HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE APP OR OFFERINGS FROM PROFESSIONALS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APP, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APP IS YOUR IMMEDIATE DISCONTINUATION OF USE OR ACCESS TO THE APP.
IN NO EVENT SHALL MYSALU, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE THE APP, AND INFORMATION CONTAINED THEREIN. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES.
THIRD PARTY WEBSITES
The App may contain links to websites maintained by Professionals and/or other parties, including restaurants. These links are provided solely for your convenience and do not purport to endorse or present our opinion about the content of such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
INDEMNIFICATION & RELEASE
You agree to defend, indemnify and hold harmless mySalu, its subsidiaries and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any Professional services or restaurant experience used or purchased by you through the App; (b) any user-generated content submitted or posted by you, in connection with the App, or any use of the App in violation of these Terms; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S. or foreign law or rights of a third-party.
You are solely responsible for your interactions with Professionals and restaurants and other users of the App. To the extent permitted under applicable laws, you hereby release mySalu from any and all claims or liability related to any product or service of Professionals or restaurants, any action or inaction by Professionals or restaurants, including but not limited to any harm caused to you by action or inaction of any Professional or restaurant, a Professional’s or restaurant’s failure to comply with applicable law and/or failure to abide by the terms of a Professionals services or restaurant experience, and any conduct, speech or user content, whether online or offline, of any other third-party.
Remember, every individual is ultimately responsible for the food they consume and what they ingest. Everyone must exercise caution and sound judgment when dining out or consuming food, which is especially true for people with dietary restrictions or food preferences. mySalu does not verify or warrant any User Generated Content. mySalu expressly disclaims any liability for injury related to food choices exercised by Users of this App or the food Users ingest.
You may terminate the Terms at any time by closing your account and discontinuing use of the App and any services provided through the App. We may close or suspend your account to discontinue your access to certain parts of the App, for any or no reason and without notice due to you, and without liability of any kind. We retain the right to use content generated on the App by you even after your account has been terminated. In the event of termination by the User or mySalu, Section 3, 6, 8, and 10 shall survive and remain in effect.
Revisions and Errata: The content appearing on the App could include technical, typographical, or photographic errors. We do not warrant that any of the content or other materials are accurate, complete, or current. We may make changes to the content and materials contained on the App at any time without notice. We do not, however, make any commitment to update the materials.
Term: These Terms, along with any other of our policies, shall remain in full force and effect for as long as you are a User of App. In the event of termination of your access, you will still be bound by these terms and conditions and the accompanying policies for a period of three years.
Domicile of this Website: This App is controlled, owned, and operated in the State of Washington. If you access this App from any other location in the world you do so at your own risk and you are responsible for the compliance of your own jurisdiction’s laws and regulations.
Jurisdiction and Choice of Law: The validity, interpretation, and performance of these Terms are governed and controlled by the laws and regulations of the State of Washington. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State of Washington.
Severability: In the event any provision of these Terms are found to be illegal, invalid, or unenforceable for any reason, the legality, validity, and enforceability of the remainder of the terms and conditions shall not be affected and shall remain in full force and effect to the greatest extent permitted by law.
Changes to these Terms: We reserve the right to change or modify the Terms, at any time and without notice. Changes to the terms and conditions or other policies will be effective upon the posting of a notification of change on the App.
Entire Agreement: These Terms, along with other mySalu policies, contain the complete agreement between you and mySalu. Any prior versions of these Terms shall have no effect on these terms and conditions.
You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the App.
Online Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
Binding Arbitration: If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property of others, and reserve the right to delete or disable content that appears to violate these terms or applicable law. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification must be sent to:
mySalu Attn: Legal Department
3417 Evanston Ave N.
Seattle, WA 98103
We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.
If you have any questions regarding the terms and conditions, please email us at info@mySalu.com.