Terms of Use

THESE WEBSITE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE WEBSITE TERMS OF USE BEFORE USING THIS WEBSITE.

Last Update: October 1, 2014

Terms of Use

Mealime Meal Plans Inc. (“Mealime”, “us or “we”) uses http://mealime.com and its related webpages and websites (including without limitation any mobile optimized website) (collectively, the “Website”), to provide you with information about its online products and services (the “Mealime Products and Services”). If you subscribe to the Mealime Products and Services, Mealime provides you with access to such products and services as well as online troubleshooting solutions on the Website, including the online support forums (collectively, the “Proprietary Content”). Access to and use of the information provided through this Website and the Proprietary Content (collectively referred to as the “Content”), including any uploading of materials by you to the Website, ordering of services or subscriptions provided through the Website and viewing of the Content on or available through the Website, is subject to your acceptance of and compliance with these terms of use (“Terms of Use”). By using the Website you indicate your acceptance of these Terms of Use. If you do not accept these Terms of Use, then do not use the Website or any of its Content.

Modifications to this Agreement; Waiver

We reserve the right to alter, add to, delete, modify or change these Terms of Use at any time. Your use of the Website after any amendments or updates of these Terms of Use shall signify your assent to and acceptance of such revised terms. The most current version of the policy will govern your use of the Website. We will post any changes to the Terms of Use on the Website and update the revision date at the beginning of these Terms of Use. You should periodically review the Terms of Use to see recent changes. Any changes to these Terms of Use or waiver of Mealime’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Mealime. No purported waiver or modification of these Terms of Use by Mealime via telephone or email communications shall be valid.

No Implied Advice

Mealime is not your nutritionist, dietician or physician and is not in the business of providing nutritional, dietary, health or other professional advice. It is your sole responsibility to determine that the Mealime Products and Services meet your needs and are suitable for the purposes for which they are used.

Restrictions on Use of the Website and Content

You acknowledge and agree that you are authorized to view and print the Content and to use the Website and the Content and that you shall view, print and use the Website and the Content for your own personal and non-commercial use only and otherwise only in accordance with these Terms of Use. Except as otherwise set out in these Terms of Use, you acknowledge and agree that: (a) you will not, directly or indirectly, sell, assign, distribute, provide access to, transmit, exploit, copy, modify, publish, republish, reproduce, repackage, retransmit, resell, recompile, decompile, disassemble or otherwise disseminate, the Website or the Content, or any derivative works from the Content, or any portion thereof, in any medium or in any manner whatsoever; and (b) you will not use the Website or the Content to construct a web-based meal plan, recipe or similar software or website.

Use of, and access to, the Proprietary Content, is subject to the entering into of terms of service agreement with Mealime (the “Terms of Service Agreement”). If you subscribe for the Proprietary Content, you acknowledge that your use of, and access to, such Proprietary Content is subject to these Terms of Use and any additional terms related to the provision of the Proprietary Content including under the Terms of Service Agreement entered into by you in respect of such Proprietary Content.

In addition to complying with these Terms of Use, you shall use the Website, links to other web sites from the Website (the “Linked Sites”) for lawful purposes only and you shall use the Content in accordance with all applicable laws. You may not: (i) attempt to gain unauthorized access to the Website or Proprietary Content, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or any of the Mealime Products and Services, or interfere with any other party's use and enjoyment of the Website; (iii) access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser; (iv) use any robot, spider or other automatic device, software program or manual process to monitor, copy or interfere with any web pages or the content contained thereon on the Website; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; or (vi) use the Website to execute denial of service attacks.

Under no circumstances will you use the Website or the Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that Mealime or any third party may have in the Website or the Content, or any derivative works from the Content, or any portion thereof. Without limiting the generality of the foregoing, you represent and warrant to Mealime that you will not use the Website or Content or any material retrieved from the Content to create products or perform services which compete or interfere with the products or services of Mealime.

Mobile Devices

The Website may be available through certain mobile devices. You acknowledge and agree that Mealime is not responsible for ensuring that your mobile device’s software is compatible with the Website or that you can use or access the Website and the Content through your mobile device.

General Rules of User Conduct

In using the Website and the Content, you agree not to do any of the following:

Accuracy of Information

We work hard to make sure all information provided on the Website is accurate, up-to-date and complete. However, the information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Mealime has no responsibility to update or amend any such information.

Links to Third-Party Websites

The Website contains links to other Linked Sites that are not owned or controlled by us and we are not responsible for the content of any linked websites. The presence on the Website of a link to any other Linked Site does not imply that we endorse or accept any responsibility for the content or use of such website(s), and you hereby release us from all liability and/or damages that may arise from your use of such website(s).

Links to the Website

While we encourage links to the Website, we reserve the right to prohibit or refuse to accept any link to the Website at any time. You agree to remove any link you may have to the Website upon our request.

User-Contributed Content

When you subscribe for access to the Proprietary Content, Mealime may provide you with access through the Website to: (i) a support forum associated exclusively with you that is only accessible by you and any additional users which are authorized by you to access your account (the “Private Forum”), and (ii) a public support section to exchange information with other users (the “Public Forum”, together with the Private Forum, the “Forums”). Mealime does not endorse or guarantee the accuracy, completeness, or usefulness of any content posted on the Website (including in the Forums) by our users. It is your responsibility to evaluate the accuracy, completeness or usefulness of any content posted by other users. You agree not to upload, post or otherwise make available on the Website or the Forums any material protected by copyright, trademark or other intellectual property or proprietary right without the express permission of the owner of the copyright, trademark or other intellectual property or proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by an intellectual property or proprietary right. By submitting material, you grant (or represent and warrant to Mealime that the owner of such material has expressly granted) to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any intellectual property or proprietary right that may exist in such material. You also permit any other user of the Forums to access, view, store or reproduce the material for that user's personal use. You grant us the right to edit, copy, publish and distribute any material you make available to us. You will indemnify and save Mealime, its subsidiaries, affiliates, directors, officers, agents, advisors and employees, harmless for, from and against all claims, losses, costs and expenses resulting from the content and information you supply. You are not entitled to receive any compensation or re-imbursement of any kind from us or any of the users of the Website for materials submitted by you. You may not post or otherwise make available on the Website or Forums any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. We have the right, but not the obligation, to monitor the content posted on the Website or the Forums to determine compliance with our Terms of Use and/or to satisfy any law, regulation or government request. We have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Website or the Forums including, but not limited to, material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable.

Non-Confidentiality and Privacy

Any communications between you and Mealime, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Website or Content (“Feedback”) will be deemed by Mealime to be non-confidential and non-proprietary, and you agree that (a) Mealime is therefore not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Feedback to Mealime, (c) Mealime (including all of its affiliates, successors and assigns) may freely use, reproduce, publicize, and you irrevocably assign to us the right to license, distribute, and otherwise commercialize Feedback on the Website, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Mealime or any of the users of the Website.

If you purchase access to the Proprietary Content that Mealime offers for a fee, you agree to Mealime storing your payment card information in accordance with the terms of the Terms of Service Agreement.

Mealime’s Privacy Policy explains how Mealime collects, uses and discloses information that pertains to your privacy and personal information. The Privacy Policy forms part of the Terms of Use with you and is incorporated herein. For full details, please refer to our Privacy Policy.

Your Account

If you subscribe to the Proprietary Content, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer or account, and you agree to accept responsibility and indemnify Mealime and its subsidiaries, affiliates, directors, officers, agents, advisors and employees, for all activities that occur under your account or password.

Security

Information sent or received over the Internet is generally unsecure and Mealime cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

Disclaimer of all Representations, Warranties and Conditions

THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS", AS-AVAILABLE BASIS. WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE CAPABILITY OF THE WEBSITE (INCLUDING WITHOUT LIMITATION WITH RESPECT TO ACCESS TO THE WEBSITE THROUGH ANY MOBILE DEVICE) OR THE ACCURACY OR THE COMPLETENESS OF THE CONTENT PROVIDED THEREON. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL. Mealime DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREIN WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE IS FREE OF OTHER HARMFUL COMPONENTS.

MEALIME DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Mealime SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

Limitation of Liability and Indemnification

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. MEALIME, ITS SUPPLIERS AND THEIR AFFILIATES ARE NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL MEALIME, ITS SUPPLIERS AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, PRODUCT LIABILITY OR ANY OTHER PECUNIARY LOSS). THESE LIMITATIONS SHALL APPLY EVEN IF MEALIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU SHALL INDEMNIFY AND HOLD MEALIME AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, ADVISORS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

You expressly acknowledge that Mealime is making the Website, Content and links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and Mealime. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by Mealime of your use of, or access to, the Website.

Jurisdiction

Mealime does not make any representations and does not give any warranties or conditions that information and materials on the Website are appropriate or available for use outside Canada. Those who choose to access the Website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials. Specifically, each viewer and user shall comply with all applicable laws regarding the transmission of technical data exported from Canada or such other country in which such user or viewer resides and the import of technical data into the country in which such user or viewer resides. These Terms of Use are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, and you agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.

Termination

We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Website or for the removal of any of the materials uploaded or contributed by you to the Website.

Website Availability

We cannot guarantee that the Website will be available 100% of the time. Although we strive to provide the most reliable website possible, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.

Copyright and Trademark Information

The Website, and the information and materials that it contains, are the property of Mealime, its affiliates and other third parties under license to Mealime, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Mealime product names and logos are trademarks or registered trademarks of Mealime Meal Plans Inc., a corporation incorporated under the laws of the Province of British Columbia. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. You may neither remove any copyright, trademark or other proprietary notices from any copy of, nor modify, the Content. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Mealime. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

Mealime reserves the right to take such steps as it deems necessary, including without limitation legal action, to restrain unauthorized activity.