THE FOLLOWING TERMS OF USE AND DISCLAIMER OF LIABILITY APPLY TO YOUR USE OF THIS WEBSITE. BY USING THIS SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND DISCLAIMER OF LIABILITY. PLEASE READ THEM CAREFULLY.
Definitions
“You,” “your,” or “user” means any person, device, or program that views or otherwise interacts with this website. “We,” “us,” “our,” or “Eat, Drink & meet Mary” means MEAL5 LLC. “Site” or “website” means the “Eat, Drink & meet Mary” website.
Electronic Communications
You are communicating with us electronically when you visit the MEAL5.COM website or send e-mails to us. You consent to receive communications from us electronically.
Copyright
All content included on this website, including but not limited to text, graphics, downloads and software, is the property of MEAL5 LLC or its licensors, and is protected by United States and international copyright laws.
License and Restrictions
We grant you a limited license to access and make personal use of this website and the recipes and other information or content included or displayed on this website. Except as otherwise explicitly agreed in writing between you and us, content owned by us that you receive through this website may be downloaded, displayed, and printed for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise exploit for commercial purposes any information, content, software, or services contained or displayed in, or obtained from, this website without express written consent of MEAL5 LLC. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site and you agree not to interrupt or attempt to interrupt the operation of this site in any way. You may not use any meta tags or any other “hidden text” utilizing our name, service, trademarks, or trade dress and you may not create a hyperlink to the MEAL5.COM site without the express prior written consent of MEAL5 LLC. Any unauthorized use automatically terminates any permission or license granted by MEAL5 LLC, and we reserve all rights and remedies with respect to any such infringement.
Trademarks
MEAL5 LLC logos, graphics including print style and colors used, names and acronyms are trademarks, service marks, or trade dress of MEAL5 LLC and may not be used without our prior express written consent. All permitted users must include tag lines identifying the marks as belonging to Eat, Drink & meet Mary, LLC and being used with permission. Other trademarks or service marks that may appear on this site are the property of their respective owners and may not be used without prior permission of such owners.
DISCLAIMERS
THIS SITE IS PROVIDED BY MEAL5 LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR AS TO ANY RECIPES, COOKING TIPS OR OTHER INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. IN ADDITION TO THE TERMS SET FORTH ABOVE WE SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE.TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT BY US ARE FREE OF VIRUSES OR OTHER HARMFUL OR MALCICIOUS PROGRAMS OR COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR ANY RECIPES, INFORMATION OR MATERIALS INLCUDED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Indemnification.
You agree to defend, indemnify and hold harmless MEAL5 LLC., its affiliates and their respective directors, governors, officers, managers, employees and agents from and against all losses, damages, claims and expenses, including attorneys' fees, arising out of the use of this website by you and/or arising out of any violation of this Agreement by you.
Third Party Content, and Links to Third Party Sites.
We do not guaranty the accuracy, completeness, or usefulness of any content supplied by third parties, by the users or thru links off from this website, nor its merchantability or fitness for any particular purpose. Moreover, you understand that the Internet contains unedited materials some of which potentially be offensive to you. You access such materials at your risk. We have no control over and accept no responsibility whatsoever for such materials. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made or information provided by third parties on this website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this website.
Governing law; dispute resolution
Your use of this website, including these Terms of Use and Disclaimer of Liability, shall be governed by the laws of the State of Minnesota, without regard to conflict-of-law principles. You agree that any dispute between you and us relating in any way to your use of this site shall be submitted to binding arbitration in Minneapolis, Minnesota and may not be brought in a State or Federal Court. Arbitration under this agreement shall be conducted before a single arbitrator under the rules of the American Arbitration Association prevailing at the time the arbitration is commenced. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use and Disclaimer of Liability shall be joined to an arbitration involving any other party subject to these Terms of Use and Disclaimer of Liability, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, in the event that you have in any manner violated or threatened to violate the intellectual property rights of MEAL5 LLC, we may seek injunctive or other appropriate relief in any State or Federal court in the State of Minnesota. You consent to personal jurisdiction in the State and Federal courts located in Minnesota, and agree that the exclusive venue of any such lawsuit shall be the State or Federal courts located in or for Hennepin County, Minnesota.
Site Policies, Modification, and Severability
We reserve the right to make changes to our website, policies and these Terms of Use and Disclaimer of Liability at any time. Each instance of your use or access of this website constitutes your agreement to the Terms of Use and Disclaimer of Liability in effect at that time. If any provisions of these Terms of Use and Disclaimer of Liability shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be severable and shall not affect the validity and enforceability of any remaining provisions.