Lesley Ann Nutrition Terms of Use
Lesley Ann Nutrition, Inc. (“Lesley Ann Nutrition,” “we”, “us”, or “our”) owns and operates the website located at www.mymenupal.com (the “Site”). These Terms of Use state the terms and conditions under which you may use our services (the “Services”) which are available through the Site. Please read these Terms of Use carefully. By purchasing products on the Site, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Use and our Privacy Policy, Referral and Affiliate Program Terms and Conditions which are incorporated herein by reference, and you represent and warrant that you are at least 18 years old. If you do not agree to any of the terms contained herein, you may not use the Services. These Terms of Use may be updated by us from time to time without notice, and your ongoing use of the Services is contingent upon your acceptance of any additions and amendments we may make hereto.
The Services
My Menu Pal is a meal planning service. We provide Customers with nutritional information, menus and recipes via email, postings, and our Site where they may find similar menu and nutrition-related information. Additionally, Customers and Visitors may post menu and nutrition-related comments on the Site, and post comments to postings made by others. We accept no responsibility for any information or comments posted by Customers and Visitors, and reserve the right to remove anything posted by Customers and Visitors at any time for any reason and without notice.
Fees
You agree to pay the applicable product fees for any product purchased on the Site. You warrant and represent that you are either the owner or an authorized user of the credit card you provide us, and that all information you provide us is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time.
Use of Personal Data
Your use of the Site and the Services will involve the transmission of your personal information via the internet. Our policy with respect to the collection, protection and use of your personal information is found in our Privacy Policy located at www.mymenupal.com and which is herein incorporated by reference.
Lesley Ann Nutrition Intellectual Property
Except as noted below, all content on the Site, including Customer and Visitor postings, such as text, graphics, logos, button icons, images, recipes, menus, images, audio clips, digital downloads, data compilations, software, and other materials, is the exclusively property of Lesley Ann Nutrition, Inc. (collectively the “Lesley Ann Nutrition Intellectual Property”), and is protected by international intellectual property laws. The Lesley Ann Nutrition Intellectual Property may include trademarks, service marks, and logos of Lesley Ann Nutrition used which may be registered or unregistered trademarks or service marks of Lesley Ann Nutrition. Except as expressly permitted by these Terms of Use, you have no rights in or to Lesley Ann Nutrition Intellectual Property.
Trademarks, service marks, and logos from suppliers that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lesley Ann Nutrition, Inc. or its subsidiaries. Such third-party trademarks, service marks and logos do not fall under the Lesley Ann Nutrition Intellectual Property umbrella.
Limited License
Lesley Ann Nutrition, Inc. hereby grants each customer a limited, revocable, non-exclusive license to access and use the recipes, menus and other information to be found on the Site or that Lesley Ann Nutrition may from time to time email to customers (“customer-only information”). You may use customer-only information yourself, and may share it ONLY with persons within your immediate household. Any unauthorized sharing of customer-only information, whether by you directly or indirectly (say, by allowing a non-paying customer to use your purchased products), whether done personally by you or by a person within your household shall be deemed a breach of this license, and will subject you to ALL such penalties allowed by law including, but not limited to, damages equal to the product purchase price and the number of persons who have obtained unauthorized access to Lesley Ann Nutrition Intellectual Property as a result of your breach and the number of occurences those unauthorized persons have had access to Lesley Ann Nutrition Intellectual Property. You agree to accept responsibility for all use, abuse or misuse of customer-only information by persons within your household. If you are under 18, you may not purchase product on the Site, and may use our Site only with the consent of your parent or guardian who is a customer.
Community Guidelines
By accessing the Site and using the Services, you agree to keep this a family-friendly and inviting community where you can share your ideas and thoughts on menus, recipes and nutrition. Customers and Visitors may post reviews, comments, and other content, and may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties, or is otherwise objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content that you post. Lesley Ann Nutrition, Inc. reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content.
Unsolicited Information
By submitting unsolicited information and material, including comments, ideas, questions, designs, photographs and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered non-confidential and non-proprietary, and may be used by us without restriction. We, or any of our affiliates, may use such unsolicited information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting, and may use any ideas, concepts, know-how, or techniques contained in any unsolicited information you send to us for developing, manufacturing, and marketing products. By submitting Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information, and to use your name and other identifying information in connection with such use.
Product Descriptions
Lesley Ann Nutrition, Inc. and its affiliates attempt to be as accurate as possible in describing the products on the Site. We do not, however, warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free.
Disclaimer and Limitation of Liability
THIS SITE IS PROVIDED BY LESLEY ANN NUTRITION, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. LESLEY ANN NUTRITION, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR PROVIDED BY THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LESLEY ANN NUTRITION, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LESLEY ANN NUTRITION, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM LESLEY ANN NUTRITION, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LESLEY ANN NUTRITION, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, HARM TO COMPUTER SYSTEMS AND SOFTWARE, OR LOSS OF DATA.
External Sites
The Site may contain links to third-party websites (“External Sites”). Lesley Ann Nutrition does not endorse and is not responsible for the content of any linked External Sites. We do not monitor or review the content of other parties’ websites which are linked to from the Site. Please refer to the section of the Lesley Ann Nutrition, Inc. Privacy Policy that addresses External Sites for more information.
Indemnification
You agree to defend, indemnify, and hold Lesley Ann Nutrition, Inc. and its employees, affiliates and subsidiaries harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Site or the Services; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
Compliance with Applicable Laws
The Site and the Services are based in the United States, and are intended to be used only by residents of the United States that are age 18 years or older. We make no claims concerning whether the Site, the Services, or the Lesley Ann Nutrition Intellectual Property may be downloaded, viewed, or be appropriate for use outside the United States. If you access the Site, the Services, or the Lesley Ann Nutrition Intellectual Property from outside of the United States, you do so at your own risk. Wherever you are located, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Term and Termination
These Terms of Use shall be effective when you purchase any product on the Site and shall continue until your access to the Site is terminated by either party as set forth herein, provided, however, if we terminate your access following breach of the limited license we have granted you, your liability for damages shall survive such termination. We may terminate your access to all or any portion of the Site or Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or Services at any time for any reason and without prior notice or liability.
Copyright Complaints
If you believe the Site or the Services contain content that infringes your copyright, please contact Lesley Ann Nutrition, Inc., at the email address shown below. Please include the following information:
To contact Lesley Ann Nutrition with a copyright complaint, write to heretohelp@mymenupal.com with COPYRIGHT NOTICE in the subject line.
Miscellaneous
In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section and the sections captioned “Lesley Ann Nutrition Intellectual Property”, “Indemnification”, “Limited License”, and “Disclaimer and Limitation of Liability” shall survive until the term set for in the Term and Termination of the Terms of Use. You may not assign your rights under these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia. Except for proceedings commenced by Lesley Ann Nutrition to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising here under shall be resolved exclusively by state or federal courts located in Fulton County, Georgia. Should Lesley Ann Nutrition, Inc. commence suit against you in a matter involving Lesley Ann Nutrition Intellectual Property in a state or federal court located in Fulton County, Georgia, you hereby consent to waive any defenses based on venue or personal jurisdiction that you might otherwise have.
These Terms of Use contain the entire agreement of the parties concerning its subject matter, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter.
