This is a legal agreement (“Agreement”) between you and Therapeutic Meals. By accessing any website owned by Therapeutic Meals (“Site”), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The Therapeutic Meals services consist without limitation, of interactive content and community services (collectively, the “Services”). Therapeutic Meals may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Therapeutic Meals also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Therapeutic Meals in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
You must be at least 16 years old to access or use the Site. Some portions of the Site or Services may have other age requirements which will be set forth in the Community Guidelines or be communicated to you before you access such portions of the Site or Services.
Use of Site and Service
As a user of the Site or a user registered to use any of the Services (“Registered User”), you agree to the following:
Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Therapeutic Meals is not responsible for third party access to your account that results from theft or misappropriation of your user names and password.
Geographic Limitations. The Site and Services are intended for use in British Columbia, Canada. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, Canadian export control laws. You are not located in, under the control of, or a national or resident of any country which Canada has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (here in after “post”) through the Services; and (iii) your interactions with other users or Registered Users through the Service.
Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others.
Reporting of Violations. You will promptly report to Therapeutic Meals any violation of the Agreement by others, including but not limited to, Registered User.
Content Removal. Therapeutic Meals reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Therapeutic Meals will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
Posting and Communication Restrictions. Postings on the Services will follow the relevant Community Guidelines that may apply to each Service, in addition to the terms of this Agreement. In addition to the foregoing, you will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains other’s copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain other’s identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with other’s enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services; attempts to gain unauthorized access to the Site via hacking, password mining or any other means; or attempts to interfere with the proper working of the Site;
- accesses, retrieves, or indexes any portion of the Site for purposes of constructing or populating a searchable databases of content;
- frames or reformats any portion of the Site;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities
Advertising or Commercial Solicitation. Unless specifically permitted in a Site’s relevant Community Guidelines and except in connection with a Site-provided buying or selling functionality, you will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Therapeutic Meals, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Therapeutic Meals $50 for each such unsolicited communication you send through the Services.
No Harassment of Therapeutic Meals Employees or Agents. You will not harass, annoy, intimidate or threaten any Therapeutic Meals employees or agents engaged in providing any portion of the Services to you.
Ownership of Proprietary Information. You hereby acknowledge and agree that Therapeutic Meals is the owner of proprietary information in connection with the Services and the Site (collectively, “Confidential Information”). Therapeutic Meals owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
Other User’s Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Therapeutic Meals or third party proprietary information available via the Services or the Site.
License to Posted Content. By posting information or content to any profile pages or public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to Therapeutic Meals an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on the Privacy link located on the Site. By using the Site or the Services, you are consenting to the terms of Therapeutic Meals’s Privacy Statement.
Your Contact Information. Any postings by you of your e-mail address(es), personal website address or profile page you may have on a third party website, or other contact information in your profile or in any other communications you may have with other users, is at your own risk, and Therapeutic Meals will not be responsible for any use or abuse of such information by other users.
Disclosure By Law. You acknowledge and agree that Therapeutic Meals may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Therapeutic Meals’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, Therapeutic Meals reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Therapeutic Meals suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, cyberbullying, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Therapeutic Meals, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Therapeutic Meals is permitted to make such disclosure.
Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Therapeutic Meals, and Therapeutic Meals is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Therapeutic Meals provides these links to you only as a convenience, and the inclusion of any link does not imply that Therapeutic Meals endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that Therapeutic Meals will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Therapeutic Meals with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Statement to learn more about how we use your information.
Limitation of Liability
Incidental Damages and Aggregate Liability. IN NO EVENT WILL THERAPEUTIC MEALS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES. UNDER NO CIRCUMSTANCES WILL THERAPEUTIC MEALS’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE..
No Liability for non-Therapeutic Meals Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THERAPEUTIC MEALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
You agree to indemnify, defend and hold harmless Therapeutic Meals, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Therapeutic Meals reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Therapeutic Meals in asserting any available defenses.
Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Therapeutic Meals may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Therapeutic Meals reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. You may terminate your account by discontinuing your use of the Site, or by sending a notice of cancellation to firstname.lastname@example.org. In all cases of termination, we will only remove your user profile, and not any content you may have contributed to the Site.
Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site, and any applicable Additional Services terms, comprise the entire agreement between you and Therapeutic Meals regarding the use of this Service, superseding any prior agreements between you and Therapeutic Meals related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Therapeutic Meals to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.