TERMS OF USE & PRIVACY POLICY

TERMS OF USE

Dated July 12, 2017 Updated March 29, 2023

1. This website with its home page in the domain ‘https://www.fodmapeveryday.com’, hereinafter referred to as the Website, is an information service provided by Shift Works Partners, LLC/FODMAP Everyday at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Use Agreement. Shift Works Partners, LLC/FODMAP Everyday reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.
2. You acknowledge that the information on the Website is provided ‘as is’ for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Shift Works Partners, LLC/FODMAP Everyday makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
3. You agree that you will hold harmless Shift Works Partners, LLC/FODMAP Everyday and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Shift Works Partners, LLC/FODMAP Everyday or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if Shift Works Partners, LLC/FODMAP Everyday has been advised of the possibility of such damages.
4. You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of Shift Works Partners, LLC/FODMAP Everyday nor are they endorsed by Shift Works Partners, LLC.
5. User Contributions. We may from time to time offer space on our site or within our Website for you and others to publicly display your thoughts, information, photographs or other materials (“User Contributions”). By posting User Contributions through the Website, you grant us a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, modify, copy, distribute, create derivative works of and display your User Contributions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation or further approval by you. All User Contributions are deemed non-confidential and non-proprietary. You represent and warrant and further agree that:

• your User Contribution is true and accurate;
• you own or otherwise control all of the rights to your User Contribution, including, without limitation, all copyrights and trademarks;
• your User Contribution does not infringe, misappropriate or violate any third party’s copyright, trademark, patent, literary, trade secret, privacy, publicity right or other right;
• your User Contribution does not contain information that identifies any other person unless you have such person’s express written consent and, if you are a Healthcare Provider, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or other legally-required permission to disclose;
• your User Contribution does not make unsubstantiated claims about any third party or its products or services or contain any slanderous, defamatory, obscene, pornographic, threatening and/or harassing comments or other content; and
• your User Contribution complies with all applicable laws, rules and regulations.

As your User Contributions will be publicly displayed, please consider carefully before posting any contact information, health condition or other personal or sensitive information. While we are under no obligation to monitor or remove any User Contributions, we reserve all rights to remove any User Contributions in our sole discretion, at any time, in whole or in part, and to terminate your rights to post User Contributions, with or without notice.

6. Shift Works Partners, LLC/FODMAP Everyday may provide links on the Website to other websites which are not under the control of Shift Works Partners, LLC/FODMAP Everyday. In general, any website which has an address (or URL) not containing https://www.fodmapeveryday.com is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by Shift Works Partners, LLC/FODMAP Everyday of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
7. You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked ‘FODMAP Everyday”, (b) the link must ‘point’ to the URL ‘https://www.fodmapeveryday.com‘ and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Shift Works Partners, LLC, or FODMAP Everyday’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than Shift Works Partners, LLC/FODMAP Everyday is associated with or sponsored by Shift Works Partners, LLC/FODMAP Everyday, (e) the link, when activated by a user, must display this Website full-screen and not within a ‘frame’ on the linked website, and (f) Shift Works Partners, LLC/FODMAP Everyday reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by Shift Works Partners, LLC/FODMAP Everyday.
8. The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by Shift Works Partners, LLC/FODMAP Everyday, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Shift Works Partners, LLC/FODMAP Everyday’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of Shift Works Partners, LLC/FODMAP Everyday
9. Shift Works Partners, LLC/FODMAP Everyday its logo, nameplates are trademarks of Shift Works Partners, LLC/FODMAP Everyday and are protected by international laws and treaty provisions.
10. All text and electronic images on this Website are copyrighted materials which are either registered copyrights, unregistered common law copyrights, registered trademarks or salesmarks of Shift Works Partners, LLC/FODMAP Everyday, its suppliers or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.
11. No AI The owner of this website does not consent to the content on this website being used or downloaded by any third parties for the purposes of developing, training or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorized by the owner in writing (including written electronic communication). Absent such consent, users of this website, including any third parties accessing the website through automated systems, are prohibited from using any of the content on the website for Artificial Intelligence Purposes. Users or automated systems that fail to respect these choices will be considered to have breached this Agreement.
12. DIGITAL MILLENNIUM COPYRIGHT ACT – Shift Works Partners, LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Copyright Agent:

Shift Works Partners, LLC

324 Montague Road

Amherst MA 01004

Contact: Robin Jaffin and Dédé Wilson

12. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
13. Limitation of Liability. WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES.
14. IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY IN THESE TERMS ARE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
15. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that we would not be willing to grant you the rights set forth in these Terms without your agreement to the above limitations of liability.
17. You agree to defend, indemnify and hold harmless Shift Works Partners LLC and our affiliates and our and their respective officers, directors, employees, agents and licensees (collectively, the “Indemnitees”) from all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against any of the Indemnitees by any third party arising out of or are related to your violation of these Terms or your use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of any Indemnitee may be made without our prior written approval. We agree to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Services in compliance with these Terms infringes a third party’s U.S. patent, copyright or trademark right
18. Third-Party Services. The Website may contain links to third-party websites and services, including social media (collectively, “Linked Services”). Linked Services are not under our the control and we are not responsible for Linked Services or for any information or materials on any Linked Service or transmitted between you and the Linked Services. The inclusion of a link does not imply endorsement by us of the Linked Service or any association with the operators of the Linked Service. We do not investigate, verify or monitor the Linked Services. We provide links to Linked Services for your convenience only. You access Linked Services at your own risk and subject to the privacy policies, terms of use and other legal provisions applicable to the Linked Services.
19. Governing Law. The laws of the State of Massachusetts govern these Terms, without reference to its choice of law rules,
20. We may terminate or modify your access to the Services, with or without notice, at any time for any reason. For example, access to the Services may be terminated if we believe that you are a minor or have violated any of these Terms. Termination will not limit any of our other rights or remedies. Any provision that by its nature must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
21. Additional Terms. Portions of any of our Services may be subject to additional terms and conditions (“Additional Terms”). We may present Additional Terms to you through the Services or offline. Unless we say differently in the Additional Terms, the Additional Terms are incorporated into these Terms of Use. Your use of Services subject to Additional Terms will constitute your agreement to the Additional Terms. If you do not agree to the Additional Terms, please do not use the Services to which they relate.
22. Changes To Terms. The effective date of these Terms of Use is provided at the top of this page. We may make changes to these Terms from time to time in the future. We will post a revised version of the Terms of Use on this page. Although we are not obligated to do so, we may use your contact information to notify you of important changes. Continued use of our Services following posting of such changes will constitute your agreement to such changes.

Questions? If you have any questions about these Terms of Use, please contact us through our Contact page.

Privacy Policy

Last updated ­­­­­July 12, 2017

Cookie Policy Updated 10/7/2020

Shift Works Partners LLC operates the website located at https://www.fodmapeveryday.com and the services offered through our website (together, our “Services”). In this Privacy Policy, we refer to Shift Works Partners LLC as “us,” “we,” “our” and other similar pronouns. This Privacy Policy explains how we collect, use, and disclose information about you when you use our Services and your choices affecting your privacy. This Privacy Policy and our Terms of Use contain the terms and conditions by which we offer you access to our Services.

By using our Services, you agree to the terms of this Privacy Policy. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES (this includes submitting recipes to FODMAP IT!™, blog entries for publication, participation in social media events or any future activity where you may share personal information)

Personal Information.  “Personal Information” includes information that identifies you as a specific person. You can visit our website without providing any Personal Information about yourself. Some of our Services may require you to register for an account or otherwise provide us with your Personal Information. When we collect Personal Information from you, we will tell you what Personal Information we are collecting and describe how we will use that information.

The Personal Information we may access or collect may include, without limitation, your:

• Name, email address, home address, telephone number, mobile phone number, and birthdate.
• User name, password, and other registration information.
• Health information that you provide us, such as specific information about your medical conditions, medical history, medications, and laboratory testing results (collectively, “Health Information”).

Use of Personal Information. Subject to applicable law, we may use your Personal Information for the following purposes:

• To provide you with the Services.
• To market and promote the Services and services of our third-party partners to you.
• To notify you about changes to our Services.
• To create aggregate information relating to the use of the Services by removing any personally identifiable information about you (“De-Identified Data”). We may use De-Identified Data created by us for any purpose and without restriction.
• For any other purpose you authorize.

Permitted Disclosures. Subject to applicable law, we may disclose your Personal Information under the following conditions:

• To our subsidiaries and affiliates for the purposes of conducting our Services.
• To contractors, service providers and other third parties we use to operate our business and who are obligated by written agreements to keep your information confidential and to use your information only for the purposes for which we disclose it to them.
• As required by law, subpoena or court order.
• When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, or to investigate fraud.
• To an entity that acquires us or a significant portion of our business in the event of an acquisition, merger, reorganization, or other sale or transfer of some or all of our assets, including as part of a bankruptcy, liquidation or similar proceeding.
• For any other purpose disclosed by us when you provide the information.

When Do We Access or Collect Information From You?

• When you provide information in connection with your use of the Services or respond to our requests for information.
• When you post information on public forums available as part of our Services.
• When you correspond with us by email, through our contact page or physical mail.

Passive Collection of Information. When you use the Services, certain information may be passively collected by our computer systems, cookies and third party services, including:

• Access Device and Browser Information. When you access the Services from a computer or mobile device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times, and the type of computer or mobile device you use.
• Usage Information. We may keep track of how you use our Services, such as how you navigate from one screen to the next or the content of searches you perform. We may also use technology to alert us when you open an email from us.
• Cookies. “Cookies” are small data files sent to your browser while you are viewing a website. We may use session cookies (which expire once you close your web browser) and persistent cookies to make the Service easier to use. You can modify the settings in your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. See additional information about cookies below. (added 5/12/18)
• Google Analytics. We use a tool called “Google Analytics” to collect information about use of our website. Google Analytics collects information such as how often users visit our site, what pages they visit when they do so, and what other sites they used prior to coming to our site. We use the information we get from Google Analytics only to improve our site. Google Analytics collects only the IP address assigned to you on the date you visit our site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to our site by disabling cookies on your browser.

·       Facebook. As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.

We abide by Facebook’s Data Use Restrictions.

• Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
• We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
• We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
• We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.

Links to Third Party Sites. For your convenience, we may provide links to third-party websites. We may also include sharing buttons in order to facilitate sharing our content with your social networks. These social networks have their own privacy policies, and they may be able to collect information when you visit a page containing these buttons. Our Privacy Policy does not apply to sites or services owned by third parties.

Updating your Information. For promotional and newsletter emails, you can modify your email notification preferences by clicking the appropriate link included in the footer of emails we send you.

Security. We employ physical, electronic and administrative security measures to help protect your Personal Information against unauthorized access or tampering, including encryption of your data. Despite these measures, data transmitted through the Internet or stored electronically cannot be made absolutely secure.

Security Violations. Please report any suspected security violations via our Contact page .

Children. We do not knowingly collect, use or disclose personal information from children under 13 without verifiable parental consent. If we learn that we have collected the personal information of a child under 13, without first receiving verifiable parental consent we will take steps to delete the information as soon as possible. Children under the age of 13 are not permitted to create their own accounts with us unless their parent provides verifiable consent.

Changes to this Privacy Policy. We may make changes to this Privacy Policy from time to time in the future. We will post a revised version of the Privacy Policy on this page. We may also use your contact information to notify you of important changes. Continued use of our Services following posting of such changes will constitute your agreement to such changes.

Questions?  If you have any questions about this Privacy Policy, please email us through our Contact page.

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Advertising Privacy Statement (updated 8.19.2020)

This Site is affiliated with CMI Marketing, Inc., d/b/a CafeMedia (“CafeMedia”) for the purposes of placing advertising on the Site, and CafeMedia will collect and use certain data for advertising purposes. To learn more about CafeMedia’s data usage, click here: www.cafemedia.com/publisher-advertising-privacy-policy

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