Terms of Use

These Terms were last updated on February 15, 2022.

These Terms of Use (“Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Latitude Food Allergy Care (“Latitude”), including the latitudefoodallergycare.com website (the “Site”) and the Latitude Mobile Application (the “Application”), as well as the services provided in connection with the Site and/or Application (collectively, the “Service”).

Please read these Terms carefully before accessing and using the Site and/or the Application. By accessing and using the Site and/or the Application, you signify that you have read these terms and agree to be bound by and comply with them. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. If you do not agree to be bound by these Terms, please promptly exit the Site and delete the Application. Latitude reserves the right to modify these Terms at any time and will publish notice of any such modifications on-line at this site or elsewhere on-line. By continuing to access the Site and/or the Application after notice of such modifications has been published, you signify your agreement to be bound by them.

YOU AGREE THAT BY USING THE SITE AND/OR THE APPLICATION YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

PRIVACY POLICY

Please refer to our Privacy Policy to learn about our privacy practices with respect to your personal information. Please refer to our Notice of HIPAA Privacy Practices to learn about our privacy practices with respect to your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or “HIPAA”). Latitude’s privacy policy is expressly incorporated into this Agreement by reference.

REGISTRATION

When you are required to open an account to access and use the Site and/or Application, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Latitude immediately on any unauthorized use of your account, user name, or password. Latitude shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Latitude, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Children under the age of 18 cannot directly register for the Site or Application. During the user registration process, the parent or guardian can create a children’s account by providing certain information about the child, including name, birth date, address, email and password.

USE OF MOBILE APPLICATION

If you download the Application, all files and images contained in or generated by the Application, and accompanying data, are deemed to be licensed to you by Latitude, for your personal, noncommercial, home use only. Latitude does not transfer either the title or the intellectual property rights to the Application, and Latitude retains full and complete title to the Application as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Application, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Application to a human-perceivable form. All trademarks and logos are owned by Latitude or its licensors and you may not copy or use them in any manner.

Application Medical Disclaimer

The contents of this Application are not intended to substitute for professional medical advice, diagnosis or treatment. Although we take efforts to keep the medical information on our app updated, we cannot guarantee that the information on our app reflects the most up-to-date research. Please consult your physician for personalized medical advice. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition or treatment. Never disregard or delay seeking professional medical advice or treatment because of something you have read on the Application. In a medical emergency, call 911 immediately.

Application Content

The Latitude Mobile Application refers to information from the Food Allergy Research & Education (FARE) Food Allergy & Anaphylaxis Emergency Care Plan. In addition, the Application refers to information from the clinical team at Latitude Food Allergy Care, a California medical practice focused on food allergy care.

DOWNLOADABLE FILES AND EMAIL

Latitude cannot and does not guarantee or warrant that email, the Application, or any files available for download from its Site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Latitude does not assume any responsibility or risk for damage to your computer, mobile device or files related to your use of the Application, the Site or the Service.

USER CONTENT

You grant Latitude a license to use the materials you post to the Site or Application. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Application, you are granting Latitude, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Latitude, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Latitude may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Application, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing or using the Site or the Application, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and the Application is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Latitude reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or the Application, and, if applicable, to delete any such material from its servers. Latitude intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

COPYRIGHT INFRINGEMENT

Latitude has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Application. Latitude has adopted a policy that provides for the immediate suspension and/or termination of any Site or Application user who is found to have infringed on the rights of Latitude or of a third party, or otherwise violated any intellectual property laws or regulations. Latitude’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Latitude to delete, edit, or disable the material in question, you must provide Latitude with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Latitude to locate the material; (d) information reasonably sufficient to permit Latitude to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Latitude’s designated agent at:

Chief Operating Officer

570 Price Ave, Suite 400

Redwood City, CA 94063

t.415.466.6224

f.415.466.6219

[email protected]

ALLEGED VIOLATIONS

Latitude reserves the right to terminate your use of the Site and/or Application. To ensure that Latitude provides a high quality experience for you and for other users of the Site and the Application, you agree that Latitude or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Application. Latitude does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Latitude reserves the right to terminate your account or your access to the Site and/or Application immediately, with or without notice to you, and without liability to you, if Latitude believes that you have violated any of the Terms of Use, furnished Latitude with false or misleading information, or interfered with use of the Site or the Application by others.

NO WARRANTIES

LATITUDE HEREBY DISCLAIMS ALL WARRANTIES. LATITUDE IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LATITUDE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LATITUDE DOES NOT WARRANT THAT THE SITE OR THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY

LATITUDE’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LATITUDE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE APPLICATION, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY LATITUDE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

AFFILIATED SITES

Latitude has no control over, and no liability for any third party websites or materials. Latitude works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Latitude nor the Site has control over the content and performance of these partner and affiliate sites, Latitude makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Latitude assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Latitude makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

PROHIBITED USES

Latitude imposes certain restrictions on your permissible use of the Site and the Application. You are prohibited from violating or attempting to violate any security features of the Site or the Application, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, the Application or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Application, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or the Application to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; € forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site or the Application; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Latitude in providing the Site or the Application. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY

You agree to indemnify Latitude for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Latitude, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or the Application, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Latitude will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

COPYRIGHT

GOVERNING LAW

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Mateo County, California, USA in all disputes arising out of or related to the use of the Site or the Application.

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE

Nothing contained on the Site and/or the Application should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Latitude or by any third party.

CALIFORNIA USE ONLY

The Site is controlled and operated by Latitude from its offices in the State of California. Latitude makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site and/or the Application should not be construed as Latitude’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

MODIFICATIONS

Latitude may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Application; and (c) discontinue the Site and/or Application at any time. Latitude shall post any revision to these Terms of Use to the Site and to the Application, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site and/or the Application following notice of any revision, you shall abide by any such revision.