PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE MILKMAN WEBSITE AT HTTP://MEALVANA.IO, OR MILKMAN MOBILE APPLICATION ANY OTHER MILKMAN PLATFORM (COLLECTIVELY, THE “SERVICES”) YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES.
These Terms of Use (“Terms of Use”) apply to an individual’s access to, and use of, the Services, which are operated by Milkman, Inc. (“Milkman”, “Company,” “we”, “us” or “our”) in the United States. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Milkman for other products and services.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the disclosure of revised Terms of Use means that you accept and agree to the changes. You acknowledged and agree that is it your responsibility to review these Terms of Use when accessing the Services so that you are aware of any changes.
ACCESSING AND USING THE SERVICES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend any access to or feature of the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some portion of the Services, or the Services entirely, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Services. You are responsible for securing your account and any authentication used to access the Services. You shall not allow any others to use your authentication to access the Services.
PRIVACY
Please read the Milkman Privacy Policy (“Privacy Policy”) provided at [LINK] carefully to understand how Milkman collects, uses and discloses information, including personally identifiable information. We may revise and update the Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them and apply to our collection, use and disclosure of information thereafter. You acknowledged and agree that is it your responsibility to review the Privacy Policy when accessing the Services so that you are aware of any changes
INTELLECTUAL PROPERTY RIGHTS
The Services’ features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Milkman, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material you access through the Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browseror mobile devicefor display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of material contained in the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- You may download a single copy of our mobile application to your mobile device solely for your own personal, non-commercial use
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.
- Access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
Trademarks
“Milkman,” “mealvana,” “mealvana.io” and all related names, logos, product and services names, designs, and slogans are trademarks of Milkman. You must not use such marks without the prior written permission of Milkman. All other names, logos, product and services names, designs, and slogans displayed on or in connection with the Services are the trademarks of their respective owners.
PROHIBITED USES
You may use the Services only for the lawful purposes and in accordance with these Terms of Use. This prohibits using the Services or any information contained in it in any way:
- Toviolate any applicable federal, state, local or international law or regulation.
- For exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonateMilkman, aMilkman employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Props or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use theServicesin any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access theServicesfor any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on theServicesor for any reason that is not necessary to carry out the Purpose.
- Use any device, software or routine that interferes with the proper working of theServices.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of theService, the server on which theServices are stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
TERMINATION OF USE
Milkman reserves the right, in its sole discretion, to terminate or suspend your use of or access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use, at any time without notice.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available as received by Milkman. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
INFORMATION PRESENTED ON THIS SITE IS NOT MEDICAL ADVICE IT IS FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, REGISTERED DIETITIAN, OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING CHANGES TO YOUR DIET, FOR DIAGNOSIS AND TREATMENT OF ILLNESS AND INJURIES, OR FOR ADVICE REGARDING MEDICATIONS. STATEMENTS ON THIS SITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.
The Services may include content provided by third parties. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If the Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
CHANGES TO THE SERVICES
MILKMAN RESERVES THE RIGHT TO AMEND, TERMINATE, OR DISCONTINUE THE SERVICES AT ANY TIME AND IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU TO THE EXTENT PERMISSIBLE BY ANY SETTLEMENT ADMINISTRATION SERVICES AGREEMENT. YOUR CONTINUED USE OF THE SERVICES CONFIRMS YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS, THEREFORE, YOU AGREE TO REVIEW THESE TERMS OF USE AND APPLICABLE POLICIES FREQUENTLY TO UNDERSTAND THE TERMS OF USE THAT APPLY TO THE SERVICES. We may update the content on this Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
GEOGRAPHIC RESTRICTIONS
The Services are for access and use only by persons located in the United States. You acknowledge and agree that you will not access the Services from outside of the United States.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ITS CONTENTS ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICES PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. (what does that mean? Are we held liable in some jurisdictions?)
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICES PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms of Use, including but not limited to the content you download from, submit to, or make available through the Services.
SEVERABILITY
If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provisions will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.
GOVERNING LAW
These Terms of Use are governed by the Dispute Resolution procedures contained in any Settlement Administration Services Agreement between You and Milkman.
ENTIRE AGREEMENT
These Terms of Use are governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Birmingham and Jefferson County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. (Alabama only? Need to mention Delaware, or Federal laws?)
WAIVER
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.