These terms and conditions are an agreement between you and Linnect, Inc (“Linnect”). Please read these conditions carefully before using Linnect’s website(s) and mobile applications, including but not limited to GrubTracks, Simply Seasonable and related websites (the “Apps”), including when you ask questions and when you view or input content on or into the Apps. By downloading or using the Apps in any manner, you agree that you have read and agree to be bound by and a party to the terms and conditions of this agreement to the exclusion of all other terms.
These terms and conditions may change. Because your use of the Apps means you agree to these terms and conditions, if we revise and update these terms and conditions, your continued use of the Apps will mean that you accept those changes. You choose whether or not you use the Apps. If you do not conditionally agree to all the terms and conditions of the Agreement, you have no right to use the Apps or their content in any way. To reject these terms, you must stop using the Apps and, where applicable, delete any copies of the Apps and any content you may have downloaded or possessed from the Apps.
Linnect and the Apps do not provide personal diagnosis, treatment or prescriptions. All information provided by Linnect and the Apps is intended for informational purposes only, and is in no way intended to create a physician - patient relationship under state or federal law.
The Apps are not substitutes for professional, formal medical consultation, evaluation, diagnosis or treatment. Linnect is not a medical organization, and the information provided by Linnect and the Apps is intended only to assist users in their personal wellness efforts. Linnect and the Apps do not offer medical advice and cannot make medical diagnoses or treatment recommendations. Nothing contained in the Apps or in communications from or supported by Linnect should be construed as medical advice or diagnosis.
If you are looking for a personal medical evaluation, diagnosis, prescription or treatment, you should, and must, do so through your personal, qualified healthcare practitioner(s). Linnect and the Apps do not provide, and should not be construed as providing, such services in any way.
YOU SHOULD ALWAYS SEEK ADVICE OF YOUR QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT, BECAUSE OF SOMETHING YOU READ OR LEARN ON THE APPS.
CALL 911 (OR YOUR LOCAL EMERGENCY SERVICE) OR YOUR QUALIFIED HEALTHCARE PROVIDER IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.
Linnect and the Apps are for individuals to support their personal wellness efforts. You agree not to use the Apps for commercial purposes, including accessing the Apps to gather information regarding the content and services offered by the Apps. You agree not to harvest, scrape or otherwise collect any information from the Apps, including but not limited to information about our members, tools, services, content or design.
We are committed to protecting the privacy of children. Linnect is not intended or designed for children under the age of 16. We do not collect personally identifiable information from any person we actually know is a child under the age of 16. Registered adult users may use Linnect and the Apps for the benefit of children.
We do not advertise. There is no paid advertising on the Apps.
Linnect is not a covered entity or business associate of any covered entities under the federal health care privacy and security law known as HIPAA. Linnect does not warrant or otherwise make any express or implied representation that it complies with the HIPAA law.
However, Linnect values your privacy and the security of your information. Linnect has implemented various encryption and security technologies and practices to protect, from unauthorized access, your personal information that is stored in our computer systems. We maintain standard procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
Full access to the Apps is enabled only by usernames and passwords. You are fully and solely responsible for any and all use of the apps using your username and password. We reserve the right to revoke or deactivate your username and password at any time.
You are responsible for your account and should keep your password and real name private. Accurate and complete registration information is required to use the Apps. You are responsible for the security of your passwords and for any use of your account. Please notify us immediately of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using the Apps is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on the Apps.
Your use of the Apps and any content and services must comply with all applicable federal and state laws, regulations and ordinances. Currently, you must be at least 16 years old to use the Apps.
You may not use the Apps for any illegal purpose. You may not access our networks, computers or any content or services related to the Apps in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to the Apps or any related content, services, accounts, computer systems or networks. You may not use any automated means (such as a scraper) to access the Apps or any of the App’s content or services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access the Apps. Any attempt by any individual or entity to solicit login information of any other user or to access any such account is an express and direct violation of this Agreement, these terms and conditions and applicable law, including relevant privacy and securities laws and laws prohibiting unfair or unethical business practices.
You agree to use the Apps responsibly, and in a manner that is not unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive. You also agree not to intentionally overuse any App, or use any App for medically inappropriate purposes.
Linnect and the Apps do not recommend or endorse any specific content, services, food, lifestyle choices or other information that may be mentioned on the Apps. The Apps are designed to be used with common sense, and, where you are attempting to gather information for the purpose of medical examination, diagnosis or treatment, you should always and without exception do so with and under the advice of your personal, qualified healthcare provider. Reliance on content from the Apps is solely at your own risk.
The Apps may link to other apps, web sites, or information, software, data, or other content, online or offline (“External Content and Services”). Such External Content and Services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review content outside of the Apps and we are not responsible for such content. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies or individuals responsible for such External Content and Services and cannot be attributed to Linnect. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, related or pertaining to External Content and Services.
We’ll send you notices and information. When you register, you agree that Linnect may communicate with you, including by sending information, correspondence and notices to you. These communications may be sent via email, SMS (text message), push notification, phone, or otherwise using contact information associated with your account, including information provided when you register or update your account information. We do not sell or distribute the email addresses of our users.
When you use action-oriented features on the Apps (including subscribing to a checklist, goal, plan or protocol), you agree that Linnect and the Apps may send you automatically via email, mobile telephone or other contact information provided by you in your account settings, content including but not limited to, reminders relating to checklists, goals, plans or protocols.
If you violate any of these terms and conditions, your permission to use the Apps automatically terminates and you must immediately destroy any copies you have made of any portion of content or information that you obtained from the Apps. We may place limits on, modify, or terminate your right to access and use the Apps at anytime. This suspension or termination may delete information, files and other previously available content.
Our members have a right to the privacy of their identity. Linnect does not disclose personally identifiable information about our members (please see our Privacy Statement for details), however you understand and agree that if you choose to use or purchase services through third parties, that it may be necessary for you or Linnect to make visible or otherwise disclose personally identifiable information to the third parties.
We respect the privacy of your personal information. We only use data you share with Linnect as set forth in the Privacy Statement, your account settings, and applicable law. If you create, transmit, or display health and wellness or other information while using the Apps, you agree to do so with information that you own or have the right to use.
We cannot control external communications (including email, SMS, and notifications). Email and short message service (SMS), text message communications and mobile push notifications from the Apps are not encrypted. You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization, and by using the Apps, you release Linnect from any liability arising from or related to any such interception or unauthorized access.
We may request information about your location, including by requesting permission for the collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit collection of such precise location information, you can later disable it by changing the location settings on your mobile device, however this will limit your ability to use certain features of the Apps.
If you permit our Apps to access location services, we may also collect your device location when the Apps are running in the foreground or background. Disabling the Apps’ ability to collect precise location from your device will not limit our ability to derive approximate location from your IP address. We use location information to help provide you with more relevant, personalized information and services. You may also change your location in the App settings.
We make no representation that all products, content or services described through the Apps are appropriate or available for use in locations outside the United States or all locations within the United States. Registered users and visitors access our Apps on their own initiative and are responsible for compliance with local laws. We make no claim that the Apps are appropriate or may be visited or downloaded outside of the United States. Personal information that is submitted to the Apps will be collected, processed, stored, disclosed and disposed of under applicable U.S. law and our Privacy Statement. If you are a non-U.S. member, you acknowledge and agree that Linnect may collect and use your information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that you consent to the transfer of such information outside your resident jurisdiction as detailed in these terms and conditions and our Privacy Statement. If you do not consent to such transfer, you may not use or access the Apps. The production information provided by Linnect on the Apps is intended only for residents of the United States, and may have different product labeling and disclosure requirements in different countries.
THE APPS AND ALL INCLUDED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ‘AS IS.’ NEITHER WE NOR ANY OTHER PARTY WITH WHOM WE HAVE ANY FORMAL AGREEMENT OR RELATIONSHIP MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. LINNECT AND THE APPS WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OTHER PARTY WITH WHOM WE HAVE ANY FORMAL AGREEMENT OR RELATIONSHIP MAKE ANY REPRESENTATION CONCERNING LINNECT OR THE APPS WHEN USED IN ANY OTHER COUNTRY.
Linnect cannot and does not assume any responsibility or liability for the use or misuse, by you or any third party, of any content or other information submitted, transmitted, or received via the Apps.
Use at Your Own Risk. The Apps and all of their content are provided on an “as is” basis. NEITHER WE NOR OUR LICENSORS, SUPPLIERS, OR ANY OTHER PARTY WITH WHOM WE HAVE ANY FORMAL AGREEMENT OR RELATIONSHIP MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS ON LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION, AND IN ALL CASES APPLY AS BROADLY AS PERMITTED IN YOUR JURISDICTION. WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, and without limiting the foregoing, we and our licensors and suppliers make no representations about: (i) the accuracy, reliability, completeness, currentness, or timeliness of any content or information on the Apps, whether provided by Linnect or any other party; or (ii) the satisfaction of any government regulations requiring or prohibiting the disclosure of information, including information on prescription drug products or the approval or compliance of any software tools with Linnect. Any data accessed via the Apps, including location data, may be inaccurate or incomplete and any use of such data is at your own risk.
Some content on the Apps may be created, modified, submitted or validated by another user, including but not limited to subject-matter experts. The authors or third party posting (“Posters”) such content (“Posters’ Content”) are solely responsible for their content. While we hope that you will find the Posters’ Content informative and educational, neither we nor the Poster make any representations or warranties with respect to any information offered or provided within or through the Posters’ Content, particularly with respect to such content regarding the treatment of medical conditions, actions, or application of medicine. Under no circumstances, as a result of your use of the Posters’ Content or the Apps, will the Posters’ Content or such Poster’s employer or sponsor be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Poster (and such Poster’s employer and/or sponsor) shall have absolutely no liability in connection with Linnect and the Apps for: (a) any loss or injury caused, in whole or in part, by the Poster’s actions, omissions, or negligence (including gross negligence), in procuring, compiling, or delivering information within or through Posters’ Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Posters’ Content or make medical or other important decisions based on it, and it also means that the Posters are not responsible for what you do or don’t do with the Posters’ Content. For medical advice, examination, diagnosis or treatment, consult with your personal, qualified healthcare provider. You agree to indemnify and hold the Poster (and the Poster’s employer and/or sponsor) harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you through Posters’ Content, (2) any violation of law that occurs by you through your use of Posters’ Content or the Apps, and/or (3) anything you do using Posters’ Content, the Apps and/or the information contained therein.
Linnect, its licensors, its suppliers, or any third parties mentioned by Linnect or on the Apps are not liable for any personal injury, including death, attributable to or caused by your use or misuse of the Apps or other information, content or services related to Linnect (including Posters’ Content). Any claims against or relating to Linnect or otherwise arising in connection with your use of the Apps must be brought within one (1) year of the first date of the first event or occurrence giving rise to such action. To the extent permitted in your jurisdiction, this time period shall not be tolled or otherwise extended for any reason, including any purported ongoing, related conduct or the accrual of additional or initial damages. The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating thereunder.
IN NO EVENT SHALL LINNECT OR ITS LICENSORS AND SUPPLIERS, THEIR (INCLUSIVE OF LINNECT) RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WITH RESPECT TO LINNECT, THE APPS, OR THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NELIGENCE (INCLUDING, WHERE PERMITTED BY LAW, GROSS NEGLIGENCE), TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $200; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND LINNECT’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE LIMITATIONS AND EXCLUSIONS CONTAINED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON THE APPS, INCLUDING ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPS. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED UNDER LAW, EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
As an initial matter, we want to address your concerns without a formal arbitration or case. Before filing a claim against Linnect or its employees, you agree to make a good faith effort to try to resolve the dispute informally by contacting email@example.com and responding promptly to any related communications. We’ll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Linnect may bring a formal proceeding.
You agree that any and all disputes or claims that have arisen or may arise between us -- except any dispute relating to the enforcement or validity of your, our or our licensors’ intellectual property rights -- shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Any arbitration proceedings shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA’s website. The arbitration shall be held in New York, New York, or at another mutually agreed location. If the reasonable value of the relief sought is US$10,00 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Linnect should be addressed to: General Counsel, Linnect, at the current company address indicated on the Linnect website (www.linnect.com) (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief (“Demand”).
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Linnect users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous or otherwise without merit under this Agreement and/or applicable terms and conditions (“Frivolous Claims”), you agree to reimburse Linnect for all fees associated with the arbitration paid by Linnect. For the avoidance of doubt, claims that are barred or limited under this Agreement and applicable terms and conditions constitute Frivolous Claims.
YOU AND LINNECT AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER LINNECT USERS (I.E., USERS OF THE APPS).
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
When you use the Apps, you do so under a license from us. Your license to use the Apps is personal, revocable, nonassignable, and nonexclusive. This means that you may not use the Apps for any commercial purpose, that we can take away your right to use the Apps, that you cannot give this license away to someone else, and that other members can use the content and services on the Apps. All right, title and interest in and to the Apps and their content, together with all intellectual property rights embodied therein (including without limitation all engagement, rating, and ranking systems and methodologies that are or will be used in the Apps) are the property of Linnect or our affiliates.
You agree not to infringe our copyrights, trademarks, trade secrets, patents or other intellectual property rights. You agree not to engage in any activity that would constitute copyright infringement, including with respect to any and all content on or through the Apps. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display any such content or any portion thereof without our prior written consent. You may, however, use the Apps as they are designed and intended to be used, including using App features which allow you to repost content or portions of content, including those which permit you to distribute content through other third party applications and mediums (such as Facebook, Twitter or email), so long as you do not modify that content or the functionality of those features in any way. This right to repost content does not create for you or grant to you any additional rights in such content. Additionally, you may not use any metatags or any other “hidden text” utilizing “Linnect” or the names of the Apps without our prior written permission.
You agree not to access, attempt to access, or use our data without our permission. You agree not to access, attempt to access, request access not authorized by the Apps or use any App content or data without our permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Apps or their content, in whole or in part, in any form or by any means.
Contact us if you believe materials on our Apps infringe your valid and enforceable copyright. If you believe any materials accessible on or from the Apps infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information pursuant to our DMCA Removal Procedure.
You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to Linnect through the Apps is governed by our Privacy Statement, the terms of which shall govern in the event of any inconsistency with this Agreement.
Don’t submit anything to us if you don’t want to give us rights to it. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on, through or to Linnect and the Apps, by email or otherwise.
Last modified on September 30, 2016