National PKU News
Go Low Pro Apple iOS or Android App
Terms of Service
Effective Date: 5/15/2019
National PKU News' (“NPN”) Go Low Pro app (“App”) is a smartphone app that provides access to a database of locations that provide products or meals compatible with a low-protein diet as an informational service. If you register for an account (“Account”) on the App, you access to NPN’s database of these locations.
1. This App does not provide medical advice.
The contents of this App, including location data and designation of suitability for a low-protein diet, and all other information (“Content”) is for personal informational purposes only and is not intended to be and should not be used for or as a substitute for professional medical advice, diagnosis, or treatment. NPN is not affiliated with any medical establishment and does not warrant or represent that the Content is appropriate or safe for your particular health needs. This App is not intended for use by pregnant women or those whose physicians advise against using this App. This App is not intended for use by children under the age of 18 unless authorized and supervised by the child’s parent or legal guardian.
2. Registration, Username, and Password.
You may register for an Account on the App. If you register, you must provide NPN with your current, complete, and accurate information. If you create an account you are entitled to one account with a single user username and password. Your user name and password may only be used by you and any other individual that lives with you that is responsible for preparing food for you. If you allow your account to be accessed by another authorized individual in your household, you must inform them and obtain their agreement to these Terms. By using the App, each user agrees to and is bound by these Terms. You are responsible for keeping your username and password confidential and other than as described in this Section, you may not authorize any third party to use them. You agree that NPN may attribute all use of your username to you and that you are responsible for all activity that occurs with your username and password. Please notify NPN immediately at firstname.lastname@example.org if the security of your username or password has been compromised.
3. Third Party Websites, Products, and Services; Additional Terms.
You may need to use or obtain additional products or services in order to use your Account, such as a device, internet access, or a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission).
4. Appropriate Use of the App and Content.
The App and Content is provided to Account holders for individual, personal, and non-commercial use. If you create an Account, you may view the Content on your device for your personal use. Except for the limited right to view set forth in Section 6, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign the Content to any third party. Nor may you communicate the Content to the public, remove any proprietary notices on the Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the App or Content. You further agree not to interfere with the proper functioning of the App, not to use the Content in a way that suggests you are a representative of NPN, and not to use the Content as a platform for external applications. The Content may not be used to develop applications, services, websites, or any other functionalities that leverage the App or Content. Any scraping, automated access, or other unauthorized access to and storage of Content will result in immediate termination of your Account and/or access to the App. You may not use the App or Content for any illegal purpose. Use of the Content for any purpose other than what is described in this Section is prohibited.
5. App Availability.
You may access the App if and when it is available. NPN does not guarantee availability of the App or Content. The App is operated and maintained by volunteers and may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, NPN reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the App and Content at any time and without notice.
6. App Support.
NPN has no obligation to provide any support in relation to the App, your Account, or Content.
7. No Warranties.
To the maximum extent permitted by applicable law, the App and all Content is provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” and the entire risk of use and performance, remains with you. NPN does NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaims any implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title, quiet Enjoyment, or non-infringement. In particular, NPN makes no warranty that the App or Content: (A) will meet your requirements; (B) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (C) will be accurate, complete, or reliable, or (D) will be free from viruses, worms, or other harmful or malicious components. Nor does NPN warrant that any defects or errors on the App OR CONTENT will be corrected. NPN does not assume any liability relating to delays or interruptions attributable to third party failures beyond its control. The App and All Content you download or obtain from the App is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom. You may have additional rights under your local laws that these Terms cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, THOSE terms are deemed incorporated into this document but NPN’s liability for a breach of THOSE statutory implied terms is limited in accordance with and to the extent permissible under THAT legislation.
8. Disclaimer of Certain Damages.
In no event will NPN be liable for any consequential, special, incidental, indirect, or punitive damages; for LOSS OF profits, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; wrongful death; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these Terms, The App, the Content, or your Account, even if NPN has been advised of the possibility of such damages.
9. Limitation of Liability and Exclusive Remedies.
To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 10, NPN’s maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, The App, the Content, or your Account will be to discontinue use of the App and Content.
10. IMPORTANT CONSUMER NOTICE.
Some jurisdictions do not allow certain DAMAGE LIMITATIONS SUCH AS the LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in section 10 or 11 will be interpreted as excluding liability which cannot under Applicable law be excluded. IF YOU LIVE or are otherwise subject to the laws IN ONE OF THOSE JURISDICTIONS any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSION IN SECTION 10 OR 11 MAY NOT APPLY TO YOU.
11. Independent Remedies.
To the extent permitted by applicable law, the exclusion of damages under Section 10 is independent of your exclusive remedy in Section 11 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 10 and 11 apply without regard to whether loss, liability, or damage arises from (a) breach of contract; (b) breach of warranty; (c) fault or tort, including negligence and misrepresentation; (d) strict liability; or (e) any other cause of action, to the maximum extent the exclusions and limitations are not prohibited by applicable law.
You hereby agree to defend, indemnify, and hold NPN, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the App and activities occurring under with your username; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law.
13. Copyright Infringement; Notice and Takedown Procedures.
NPN relies on our users of the App to bring copyright violations to our attention. If you are aware of infringing material on the App, please notify NPN at:
Go Low Pro
c/o National PKU News
PO Box 43552
Montclair, NJ 07043
Notwithstanding the foregoing, NPN does not guarantee any action based upon the receipt of your notice. ALL NOTICES THAT DO NOT COMPLY WITH THE ABOVE REQUIREMENTS WILL RECEIVE NO RESPONSE. If you reside outside of the United States, please understand that filing a notice or counter-notice may lead to legal proceedings between you and the complaining party to determine ownership or right to use. Therefore, please be aware that there may be adverse legal consequences in the United States and/or your country of residence including Canada if you make a false or bad faith allegation by using this process.
NPN may give you all required notices (including legal process) by any lawful method, including by posting notices on the App or by sending it to any email address that you provide to NPN. You agree to send NPN notices by mailing them to the following address:
National PKU News
PO Box 43552
Montclair, NJ 07043
15. Modifications to these Terms.
NPN reserves the right to change these Terms at any time upon notice to you. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at https://golowpro.org. Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the App after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you should cancel your Account and stop using this App.
16. Reservation of Rights.
Any and all rights, titles, interests, copyrights, or other intellectual property rights in the App and Content belong to NPN or its licensors and suppliers. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
17. Governing Law and Exclusive Jurisdiction and Venue.
These Terms are governed by the laws of the State of Washington, without reference to its conflict of laws provisions. You expressly agree that exclusive jurisdiction and venue for any dispute relating to or arising from these Terms, the App, or Content will reside in the State and Federal Courts of King County, Washington. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.
18. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION.
YOU AND NPN EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, THE APP, OR THE CONTENT WILL BE RESOLVED BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT IN THE EXCLUSIVE JURISDICTION OF KING COUNTY, WASHINGTON. YOU AND NPN EACH ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE U.S. FEDERAL ARBITRATION ACT APPLIES INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN SECTION 19). YOU AND NPN EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURT IN KING COUNTY, WASHINGTON. YOU AND NPN EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. You and NPN each are responsible for your own respective costs relating to the arbitration, except that NPN will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys’ fees. If you want to arbitrate, to begin arbitration you must send a letter requesting arbitration and describing your claim to the contact listed for NPN in Section 16.
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. NPN does not authorize access to or use of the App or Content outside of the United States or Canada. NPN may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account. If, at any time, NPN fails to respond to a breach of these Terms by you or others, such failure will not waive NPN’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on NPN if it is in writing and signed by NPN. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and NPN with respect to your Account, the App and Content. Both you and NPN warrant to each other that, in entering these Terms, neither NPN nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and NPN, or NPN’s successors and permitted assigns, will have any right to enforce any of these Terms.
For more information regarding these Terms or to alert National PKU News of any errors in the Content or in this App, please email: email@example.com.
National PKU News
Go Low Pro iOS and Android Apps
Effective Date: 5/15/2019
The section “International Privacy” at the end of this Policy governs the collection of personal data by the Apps outside of the United States.
IF YOU DO NOT AGREE WITH THIS POLICY OR THE INFORMATION COLLECTION, USE, AND DISCLOSURE PRACTICES DESCRIBED IN THIS POLICY, DO NOT USE THE APP OR REGISTER FOR AN ACCOUNT ON THE APP.
IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A CHILD AND YOU CREATE A PROFILE FOR YOUR CHILD ON THE APP OR OTHERWISE PROVIDE CONSENT FOR YOUR CHILD TO USE THE APP, YOU ARE BOUND BY THIS POLICY AND OUR TERMS OF SERVICE WITH RESPECT TO YOUR CHILD’S USE OF THE APP. PLEASE REVIEW THE “CHILDREN’S PRIVACY” SECTION BELOW.
INFORMATION COLLECTION PRACTICES
General. When you visit the App without registering, you can browse without submitting personal information about yourself. If you create an account on the App, we will collect some personally identifiable information from you, including your full name, user name, email address, date of birth, and a password that you select. When you interact with the App, we also receive and store certain additional types of information which, in general, does not by itself directly identify you (see Automatically Collected Information below). This Section of the Policy outlines the various ways that information is collected from the App. Please fully review this Policy before you use the App or submit information to them.
Registration. If you register on the App, you agree to provide current, complete, and accurate personal information. Your account will be associated with a unique username and password which may only be used as permitted by the TOS. It is your responsibility to keep your information up to date. We are not responsible for any problems, interruptions in access, or liability that may arise if you do not give us complete and accurate information or if you fail to update your information so that it is current. When you register, you must give us your full name, user name, email address, and a password. We may also collect information in order to verify your age in order to determine whether you are old enough to use the App. If you purchase a Subscription, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher.
Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us information about your use of the App, we may save the information in a profile specific to you.
Automatically Collected Information. We will collect some information about you and any device you use to access the App automatically using cookies, pixels, and other tracking technologies. In general, this automatically collected information does not, by itself, directly identify you. This collection may include, but is not limited to, your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the dates and times you visited these pages. We collect this information to better understand our customer base and to improve the quality of our services.
Pixels (aka web beacons/web bugs/java script). Pixels are tiny graphics with a unique identifier that may be used to track the online movements of web users. Unlike cookies, which are stored on a user’s computer hard drive, pixels are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on web pages or in HTML-based emails. Our third-party analytics provider may place pixels on our App that track what other App you visit (both before and after visiting the App). Our third-party analytics provider uses information obtained from pixels to help us improve our business and the App. We do not control the use of pixels by third parties. See the section on “Third-Party Providers” below and review the privacy policies of each of the third party providers for more information on pixels placed by third parties.
Third-Party Providers. We use third parties to help us operate and improve the App. We may provide these third parties with information we collect and they may collect information from you and about your use of the App. We may provide information we collect to third parties and it will, unless specifically noted otherwise in this Policy, be governed by this Policy and may only be used by those third parties to help us operate or improve our business or the App and provide services to us. Please review their privacy policies for more information on their information collection, use, and sharing practices.
Information Collected from Children. The App is intended for users of all ages and we may collect personal and other information (as described in the INFORMATION COLLECTION PRACTICES section above) from children under the age of 13 (“child” or “children”). The information collected includes: Automatically Collected Information (described above) and other information that is provided by the child. In general, we collect this information after you (the parent or legal guardian) designate your child as a user of the App tracking features by setting up a profile, activating the tracking feature for your child, and providing consent for your child to use the App. Our App and our business practices are not designed to enable a child to make personal information publicly available. If we discover that we have collected information from a child in a manner inconsistent with applicable law, we will use commercially reasonable efforts to either delete that information or seek the parent or legal guardian’s consent.
Use of Information Collected from Children. We and our third party service providers use personal and other information about children for the purposes described in this Policy, including, as described in the USE OF INFORMATION and INFORMATION SHARING sections below. These uses include operating, maintaining, and improving the App; service related calls, emails, and text messages. Please also see Third-Party Providers, Google Analytics, Payment Processing, and SendGrid Mailing List Service Provider sections above and the third party privacy policies linked above for information regarding third party collection, use and sharing practices, including collection, use, and sharing of information about children.
Parental Choice. If you want to correct any information associated with your child’s profile, you can do so by making changes through the “Account” section of the App. In order to delete information associated with your child’s profile you must terminate your child’s user profile and submit a request by emailing us at firstname.lastname@example.org. If you request that we delete your child’s information and you have not terminated your child’s user profile under your account, we will automatically terminate your child’s user profile when we delete the information. To protect a child’s privacy, we will take commercially reasonable steps to verify a parent or legal guardian’s identity prior to deleting a child’s information. You may also consent to our collection of your child’s information without consenting to the disclosure of their information to third parties.
Contact Information. Parents or legal guardians may contact us at:
National PKU News
PO Box 43552
Montclair, NJ 07043
We provide users of the App with the ability to post information on the App. If you are a California resident who is under 18 and you are unable to remove content or information that you uploaded to the App that is posted in a public area by following the instructions provided on the App, you may request removal using the contact information listed above. When requesting removal you must be specific about the information or content you want removed and provide the URL for each page on the App where it is located so that we can locate it.
We are not required to remove any content or information if: (1) federal or state law requires us or a third party to maintain the content or information; (2) the content or information was not posted by the user requesting removal; (3) we anonymize the content or information so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information.
REMOVAL OF YOUR UPLOADED CONTENT OR INFORMATION FROM THE PUBLIC AREAS OF THE APP DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS.
We are not required to delete the content or information uploaded by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public. Also, content and information you post that has been copied or reposted by a third party is outside of our control and will not be removed.
ONLINE TRACKING AND YOUR CHOICES
INFORMATION SECURITY MEASURES
Keeping secure personal information that we collect is of great concern to us. While we have mechanisms in place to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. When you provide information to the App, you do so at your own risk.
USE OF INFORMATION
General. We may use your personally identifiable information (including Health and Diet Tracking Information) to manage your Subscription, including Subscription renewals. We may also use it to operate, maintain, and improve the App (including providing you a more personal experience); communicate with you; provide you information about products and services (including products and services of third parties); market, fundraise; for research purposes (including academic, medical, marketing and other research); resolve disputes; collect fees owed; detect and protect against errors, fraud and criminal activity; assist law enforcement; enforce this Policy and the TOS; and any other purpose described in this Policy or that we describe to you at the time of collection.
Service-related Calls or Text Messages. If you consent and provide your phone number, we may call you or send you text messages at the number you provide. These calls and text messages may be made for any purpose that you provide consent for, including, for example, for alerts, to remind you to use the App tracking features, to provide periodic summaries of information, and fundraising. These calls and text messages may use an automatic telephone dialing system and you may incur standard usage charges from your carrier. You should only consent and provide a phone number for an account where you are the account holder (i.e., you set it up and pay the service charges) or you are a primary user (i.e., you are authorized by the account holder to use the number, such as on a family plan).
Service-related Emails. We may send you service-related emails. For example, if our App are temporarily unavailable for maintenance, we might send you an email notice. You may not opt-out of service-related messages which are not promotional in nature. If you do not wish to receive these emails, you have the option to cancel your Subscription.
Non-identifying Information. We may use non-identifying information for any lawful purpose, including analyzing trends, research, App administration, tracking users’ movements around the App, and to improve our business and the App.
Retaining Your Information. In general, we will retain your information indefinitely, or as long as legally required or allowed. If you cancel your Subscription or your Subscription is otherwise terminated, we may but are not obligated to delete information we have collected or obtained from third parties and we may continue to use and disclose it in accordance with this Policy. We will, however, delete information about your child as described in the Parental Choice section above.
Tracking Information. If your use of the App tracking features is as an additional user under another user’s Subscription, the user that purchased the Subscription will be able to view and edit all Diet and Health Tracking Information uploaded by you or stored in connection with your user profile.
Legal Requirements. In some cases, we may disclose your personally identifiable information as required by law; if we believe that disclosure is needed to protect our rights; to government regulators; to law enforcement authorities; in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the App; and to respond to a physical threat to you or another person.
Insolvency and Business Transitions. If we should ever file for bankruptcy or engage in a business transition such as a merger with another company or if purchase, sell, or reorganization of all or a part of the App or our business or assets, we may disclose your personal Information, including to prospective or actual purchasers in connection with one of these transactions.
Disclaimer. We cannot ensure that all of your personal information will never be disclosed in ways not otherwise described in this Policy. For example, we may be required to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the App. No transmission of data over the internet can be 100% secure.
HOW TO OPT-OUT OF RECEIVING EMAILS
If you would like to stop receiving marketing email from us or from third parties, please click on the opt-out link in the non-service related emails you receive. If you opt out, you will still continue to receive service-related emails.
CALIFORNIA SHINE THE LIGHT LAW
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
If would like to cancel your Account or update your personally identifiable information or the information associated with additional users designated under your account, you may make such changes on the “Account” section of the App. If you do not want your information accessed or stored as described in this Policy, you should not create an account on the App.
Personal Data We Use. Any data that could reasonably be used to identify you is personal data. We collect your personal data when you provide it to us and when you use the website, application, service, or portal. Your personal data includes your full name, user name, email address, billing address, date of birth, and phone number.
The Data Controller. National PKU News, a U.S. 501(c)(3) organization, IEN 94-3098601
Contact Email. email@example.com
International Transfer of Your Personal Data. Your personal data will, in some instances, be processed outside of the European Economic Area (EEA) by National PKU News or the approved third party suppliers, operating in: (1) IT Hardware and Software Services; (2) Cloud Services; and (3) Advertising & Marketing.
When We Share Your Personal Data. We may share your personal data among the App, with our approved third party suppliers (as described above), and as set forth in this Policy.
Personal Data Retention Period. We will keep your personal data for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal data for a period of time that enables us to correspond with you as requested. We will delete your personal data when it is no longer required for these purposes. If there is any personal data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of that data. Please contact firstname.lastname@example.org if you would like additional information about data retention.
Right to Object. In certain circumstances, you may object to our use of your personal data. Please contact email@example.com about your right to object.
If you have questions or concerns about our privacy practices, please email us at: firstname.lastname@example.org