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M.O.C.H.A. TERMS AND CONDITIONS OF USE

Last Revised on August 20, 2018

ACCEPTANCE OF TERMS

The webpages available at www.MOCHAllergies.org (the “Site”) are owned and operated by M.O.C.H.A. The Site is offered to you conditioned on your acceptance (without modification) of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices. If you do not agree, do not use this Site.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY MATERIALS (DEFINED BELOW) ON THE SITE, YOU ARE ACCEPTING THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE MATERIALS IN THE SITE.

ABOUT M.O.C.H.A.

M.O.C.H.A. is an educational and support group for parents of children with anaphylactic food allergies. The purpose of this Site is to allow parents, grandparents, and caregivers to find resources, share information, and to support each other. WE ARE NOT MEDICAL PROFESSIONALS OR HEALTH-CARE PROVIDERS. M.O.C.H.A. DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

The contents of this Site (including all text, graphics, images, Third Party Content (as defined below) and other material contained on this Site, (e.g., all elements of this Site, such as source coding and object coding)) (collectively, “Materials”) are solely for educational purposes and are not intended for, and should not be used as, medical or legal advice or a substitute for medical or legal advice. You should always obtain the professional advice and opinion of your physician or other qualified health-care provider with respect to individual health questions and medical conditions. Do not ignore any advice or opinion you have received from your physician or health-care provider or delay seeking it because of anything you have read on this Site. M.O.C.H.A. shall not be responsible for your actions or failures to act as a result of accessing any Materials on this Site.

This Site provides links to, and contact information of, medical advisors and medical resources (including nutritionists, dieticians, psychologists, dentists, musicians, social workers and attorneys), as well as links to magazines, online newsletters, allergy friendly companies, restaurants, allergy products, travel sites, camps, national organizations and other service providers (collectively, “Service Providers”). Any reference to a Service Provider is not an endorsement or recommendation by M.O.C.H.A. of such Service Provider. M.O.C.H.A. assumes no liability whatsoever for the use of a Service Provider, the content of a Service Provider’s website or any products or services of a Service Provider. Reliance on any information provided by M.O.C.H.A., M.O.C.H.A. employees, others appearing on this Site at the invitation of M.O.C.H.A. or other visitors to this Site, is solely at your own risk.

In the event of a medical emergency, immediately consult your doctor or call 911.

LINKS TO THIRD PARTY SITES

This Site may contain links to other websites and resources maintained by third parties (“Linked Sites”). Because M.O.C.H.A. has no control over such Linked Sites, you acknowledge and agree that M.O.C.H.A. is not responsible for the availability of such Linked Sites and does not endorse and is not responsible or liable for any external materials, advertising, products or other content on or available from such Linked Sites. You further acknowledge and agree that M.O.C.H.A. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such materials, advertising, products, or other content available on or through any such Linked Site. When you click on any of these Linked Sites, the applicable third party’s terms and conditions and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before using or proceeding with any transaction in connection with such Linked Sites. Use Linked Sites at your sole risk and discretion. M.O.C.H.A. provides links to you only as a convenience, and the inclusion of any link does not constitute or imply any association with the owner(s) or operator(s) of the Linked Site.

THIRD PARTY CONTENT

This Site may make available for viewing or download certain presentations or other materials authored by third parties (“Third Party Content”). You may view, download and use such Third Party Content solely for your personal, noncommercial use. All rights (including all intellectual property rights) in and to all such Third Party Content are retained by M.O.C.H.A. and its licensors. Upon your breach of any of these Terms and Conditions of Use, your right to view, download or use such Third Party Content shall immediately terminate and you shall immediately destroy all copies of any such Third Party Content in your possession or control.

M.O.C.H.A. is not responsible for any Third Party Content. M.O.C.H.A. provides such Third Party Content to you only as a convenience, and the hosting of any Third Party Content by M.O.C.H.A. does not constitute or imply endorsement by M.O.C.H.A. of the presentation or any association with its author(s) or owner(s). Use such Third Party Content at your sole risk and discretion.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you represent, warrant, and covenant to M.O.C.H.A. that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party’s use and enjoyment of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you or provided to you through this Site. You may not attempt to gain unauthorized access to any Materials, other accounts, computer systems or networks connected to any M.O.C.H.A. server or to any of the Materials through hacking, reverse engineering, or other unauthorized means. M.O.C.H.A. may, in its sole discretion, terminate your access to this Site or any services offered by M.O.C.H.A. (or any portion thereof) at any time, for any reason or no reason, without notice to you.

M.O.C.H.A. INTELLECTUAL PROPERTY

The Materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks (“Intellectual Property”), are the property of M.O.C.H.A. or its affiliates or licensors or other third parties and are protected by copyright, trademark and other laws. This Site is intended for your personal use only. You may not reproduce, sell, distribute, modify, display, create derivative works of, or otherwise use any portion of this Site in any other way or for any purpose.

Trademarks, service marks, domain names, logos, company names, and other indicia of origin referred to on the Materials remain the property of their respective owners, including M.O.C.H.A. You may not use any trademark, service mark, domain name, logo, company name, and/or other indicia or origin of M.O.C.H.A. or any third party without permission of the owner of that applicable Intellectual Property.

Lastly, you agree not to reproduce, sell, distribute, modify, display, create derivative works of, use or otherwise infringe any M.O.C.H.A. Intellectual Property.

LIABILITY DISCLAIMER

You acknowledge that M.O.C.H.A. has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Materials may have on you; how you may interpret or use the Materials; or what actions you may take as a result of having been exposed to the Materials. You release M.O.C.H.A. from all liability for you having acquired or not acquired Materials through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. M.O.C.H.A. makes no representations concerning any content contained in or accessed through the Site, and M.O.C.H.A. will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

The Materials included in or available on this Site may include inaccuracies or typographical errors. M.O.C.H.A. makes no representations or warranties about the suitability, reliability, availability, timeliness and accuracy of the Materials for any purpose. To the maximum extent permitted by applicable law, all such Materials are provided on an “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. M.O.C.H.A. HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH REGARDS TO THE MATERIALS (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. M.O.C.H.A. HEREBY EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS.

To the maximum extent permitted by applicable law, IN NO EVENT SHALL M.O.C.H.A. BE LIABLE for any direct, indirect, punitive, incidental, special or consequential damages, or any OTHER damages whatsoever, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR RELATING TO THE USE OR PERFORMANCE OF THIS SITE OR THE DELAY OR INABILITY TO USE THIS SITE, THE PROVISION OF OR FAILURE TO PROVIDE MATERIALS THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF M.O.C.H.A. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. If you are dissatisfied with any portion of thIS Site, or with any of these Terms AND CONDITIONS of Use, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

INDEMNITY

You agree to defend, indemnify and hold harmless M.O.C.H.A., its directors, officers, employees, agents, licensors and suppliers from and against any and all losses, claims, actions, demands, liabilities, damages, expenses, costs and settlements (including, without limitation, reasonable legal and accounting fees) resulting from, or alleged to result from your violation of these Terms and Conditions of Use.

PRIVACY POLICY

The use of personal information is governed by our Privacy Policy (the “Privacy Policy”). The terms of the Privacy Policy are incorporated herein by this reference.

ELECTRONIC COMMUNICATIONS

The communications between you and M.O.C.H.A. use electronic means, whether you use the Site to sign up for a membership or send us emails, or whether M.O.C.H.A. posts notices on the Site or communicates with you via email. You (a) consent to receive communications from M.O.C.H.A. in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that M.O.C.H.A. provides to you electronically satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.

You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email you receive. Emails are serviced by Constant Contact®, and Constant Contact’s® Website and Products Terms and Conditions of Use may be found at the following link (active as of “Last Revised” date of these Terms and Conditions of Use): https://www.constantcontact.com/legal/terms.

NO PARTNERSHIP, SEVERABILITY

You agree that no joint venture, partnership, employment or agency relationship exists between you and M.O.C.H.A. as a result of these Terms and Conditions of Use or your use of this Site. M.O.C.H.A.’s performance of these Terms and Conditions of Use are subject to all laws and legal process, and nothing contained in these Terms and Conditions of Use is in derogation of M.O.C.H.A.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by M.O.C.H.A. with respect to such use. If any provision of these Terms and Conditions of Use is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set forth above, the remaining provisions of these Terms and Conditions of Use shall not be affected thereby and shall be binding upon you and M.O.C.H.A. and shall be enforceable, and such provision shall be reformed to the extent necessary to render such provision valid and enforceable and to reflect the intent of the parties with respect to such provision to the maximum extent possible under applicable law. Unless otherwise specified herein, these Terms and Conditions of Use and the Privacy Policy constitute the entire agreement between you and M.O.C.H.A. with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and M.O.C.H.A. with respect to this Site.

JURISDICTION AND VENUE

These Term and Conditions of Use shall be construed in accordance with, and governed by, the laws of the State of Illinois and the United States, without giving effect to the conflicts of laws principles thereof. For purposes of any action, claim, dispute or controversy arising out of these Terms and Conditions of Use, you irrevocably submit to the exclusive jurisdiction of the U.S. District Court of the Northern District of Illinois in Chicago, Illinois or if there is no federal jurisdiction, in the Circuit Court of Cook County, Illinois, County Department, Chancery Division.

MODIFICATION OF THESE TERMS AND CONDITIONS OF USE

M.O.C.H.A. reserves the right to change, modify, add or remove portions of the terms, conditions and notices contained within the Terms and Conditions of Use under which this Site is offered, and any changes will be effective upon being posted to this Site unless we advise otherwise. M.O.C.H.A. encourages you to periodically review the Terms and Conditions of Use. You agree that your continued use of this Site after M.O.C.H.A. posts any such changes, modifications, additions or removals shall constitute your agreement to be bound by such changes, modifications, additions and removals. M.O.C.H.A. may modify, suspend, discontinue or restrict your use of this Site (or any portion thereof), at any time, for any reason or no reason, without notice or liability.

If you have any questions regarding these Terms and Conditions of Use, email Denise@MOCHAllergies.org.