Terms of Use
Original Effective Date: July 12, 2017 – Updated Effective Date: October 29, 2025
This website, located at https://www.fodmapeveryday.com (“the Website”), is operated by Shift Works Partners, LLC (“we,” “us,” “our,” or “FODMAP Everyday”). By using this Website, you agree to the following Terms of Use. Please review them carefully before using the Website. Continued use constitutes your acceptance of these Terms and any updates that may be posted from time to time.
1. General Use
The Website and all content provided are for informational and educational purposes only. Content is offered “as is” without warranty of any kind. The Website is not intended to provide medical advice or replace consultation with qualified healthcare professionals. You agree to use the Website at your own risk.
2. Intellectual Property
All materials, including design, text, images, videos, and logos, are owned or licensed by Shift Works Partners, LLC and are protected by copyright and trademark laws. You may print or download one unaltered copy for personal, non-commercial use, provided that all copyright notices remain intact.
3. User Contributions
You may have opportunities to post comments, recipes, or other materials (“User Contributions”). By submitting such materials, you grant us a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, and display them for any lawful purpose. You represent that you own or have rights to submit the material and that your submission complies with all laws and these Terms. We may remove or edit any submission at our discretion.
4. No AI or Automated Use
This Website and its content may not be used, accessed, or copied by automated systems or by any third party for the purpose of developing, training, or operating artificial intelligence or other machine learning systems (“AI Purposes”) without our express written consent. Any automated scraping, data harvesting, or similar activity for AI Purposes constitutes a breach of these Terms.
5. Links to Other Websites
Links provided on this Website may direct you to third-party sites not under our control. These links are for your convenience and do not imply endorsement. We are not responsible for the content or privacy practices of any linked sites.
6. Limitation of Liability
To the fullest extent permitted by law, Shift Works Partners, LLC disclaims all liability for any damages arising from your use of or inability to use this Website. If liability is found despite these limitations, our maximum aggregate liability shall not exceed $100.
7. Indemnification
You agree to indemnify and hold harmless Shift Works Partners, LLC, its affiliates, officers, and employees from any claims, losses, or damages arising from your use of the Website, violation of these Terms, or infringement of intellectual property or other rights.
8. Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Massachusetts.
9. Changes to Terms
We may modify these Terms at any time. The updated version will be posted on this page with a revised effective date. Continued use of the Website after such updates constitutes acceptance of the new Terms.
Privacy Policy
Original Effective Date: July 12, 2017 – Updated Effective Date: October 29, 2025
This Privacy Policy explains how Shift Works Partners, LLC collects, uses, and protects your personal information when you use our Website and related services (“Services”). By using our Services, you consent to this Policy.
1. Information We Collect
We collect information you provide directly (such as name, email, and comments) and automatically through cookies, analytics tools, and advertising partners. We may also collect de-identified usage data for analytics and improvement purposes.
2. How We Use Information
We use information to provide and improve our Services, respond to inquiries, send updates, and analyze user engagement. Personal information will never be sold. De-identified data may be used for analytics and reporting.
3. Data Sharing
We may share information with trusted service providers, affiliates, and advertising partners such as Raptive for operational purposes, always under confidentiality obligations. We may disclose information if required by law or to protect our legal rights.
4. Cookies and Analytics
We use cookies and analytics tools (such as Google Analytics 4) to understand site performance and improve user experience. Users can manage or withdraw cookie consent through browser settings or our on-site cookie preferences. See Google’s Privacy Policy here.
5. Your Rights
Users in applicable jurisdictions (including the EU and California) have rights to access, correct, delete, or restrict processing of their personal information. Requests can be made through our Contact page.
6. Security
We implement reasonable security measures to protect your data. However, no internet transmission is completely secure. If a data breach occurs, we will notify affected users as required by law.
7. Children’s Privacy
Our Services are not directed to children under 13. We do not knowingly collect personal data from children. If such data is identified, it will be deleted promptly.
8. Advertising Partners
CMI Marketing, Inc., d/b/a Raptive (“Raptive”) is a service provider of this Site for the purposes of placing advertising on the Site, and Raptive will collect and use certain data for advertising purposes. To learn more about Raptive’s data usage, click here: https://raptive.com/creator-advertising-privacy-statement
9. Changes to This Policy
We may update this Privacy Policy periodically. Updates will be posted on this page with the effective date. Continued use of the Website constitutes acceptance of any revised terms.
10. Contact
For questions about this Policy or your personal information, please contact us via the Website’s Contact page or by email to:
info@fodmapeveryday.com
Binding Arbitration (“Arbitration Agreement”)
a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers (collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred. This Arbitration Agreement will apply to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to our mailing address (listed below). We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action. The arbitration will be conducted by JAMS using its most current Streamlined or Comprehensive Arbitration Rules (depending on claim size), which are available at www.jamsadr.com or by calling JAMS at 800-352-5267. You may choose to have the arbitration conducted remotely, by written submissions, or in person at a mutually agreed location.
c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s fees and you cannot obtain a waiver, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
d. Authority of Arbitrator. The arbitrator, not any court or agency, has exclusive authority to resolve any dispute relating to this Arbitration Agreement, including enforceability or validity. The arbitrator may grant any relief available under applicable law and must issue a written decision explaining the award. The arbitrator’s decision is final and binding on both parties.
e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial before a judge or jury. All claims and disputes will instead be resolved by arbitration, except as specifically provided herein.
f. Waiver of Class or Consolidated Actions. All claims within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis. No claims of multiple users may be consolidated or arbitrated together.
g. Batch Arbitration. If fifty (50) or more similar arbitration claims are filed within thirty (30) days, JAMS will administer them collectively under a single arbitrator as a “Batch Arbitration,” unless impractical or inequitable.
h. Severability. If any part of this Arbitration Agreement is found invalid or unenforceable, the remainder shall continue in full force and effect.
i. Survival. This Arbitration Agreement will survive termination of your relationship with Us.
j. Modification. If we make any future material change to this Arbitration Agreement, it will not apply to any claim for which you have already provided notice.
Consent to Data Collection
These Terms incorporate our Privacy Policy, which explains how we, our vendors, and service providers collect and use data when you use the Website. You consent to this data collection and use as described in the Privacy Policy. You may revoke consent at any time by following the opt-out instructions in the Privacy Policy or using available on-site settings.
Limitations on Liability
To the maximum extent permitted by law, neither we nor our vendors or service providers shall be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Website. In no event shall the aggregate liability exceed the greater of (a) the total amount paid or payable to us by you during the six-month period preceding the act giving rise to liability, or (b) one hundred U.S. dollars ($100). These limitations apply to any theory of liability, even if a remedy fails its essential purpose.