Terms & Conditions
Last Updated : September 19, 2017
Welcome to Meal Village
Meal Village, Inc., an Illinois corporation with its principal place of business at [4912 S Main St, Lisle, IL - 60532], (collectively,“the Company”) makes information, products and services available on Websites (each individually, the “Site”) and mobile applications (together, the “Services”), subject to the following terms of use (the “Terms”).
BY ACCESSING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE OR SERVICES.
“You” or “your” means you personally or any entity on whose behalf you access the Site. The Company reserves the right to change the information, products, services, prices, and promotions mentioned on the Site or Services at any time in its sole discretion.
Your use of the Site and Services may be subject to additional terms and conditions provided by the Company. Such additional terms and conditions include, but are not limited to, our Privacy Policy and the Additional App Terms of Use, found in Paragraph 14 below (the “Additional Terms”). If there is any conflict between the Additional Terms and these Terms, the Additional Terms shall prevail with respect to the subject matter of such Additional Terms.
The Company reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Site or within the Services or by other reasonable means. You can determine when these Terms were last revised by referring to the “LAST UPDATED” line at the bottom of these Terms. Your continued use of the Site or Services after any changes to the Site or Services will indicate your acceptance of the changes and Terms.
The Company reserves the right to seek all remedies available by law and in equity for any violation of the Terms. Any rights not expressly granted herein are reserved by the Company. The Company may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction the Company chooses, in the Company‘s sole discretion.
1. Eligibility
If you are using this Site or the Services on behalf of a legal entity, you represent that you are authorized to accept these Terms on behalf of such entity. You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Site or the Services under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Site or the Services or transmit or otherwise submit personally identifiable information to the Company.
2. Terms Applicable to Legal Entities
The following terms and conditions apply specifically to any legal entity that is subject to these Terms: you agree to require each of your employees or agents to be bound by these Terms, and you agree to remain responsible and liable for all acts and omissions of your employees or agents in connection with the Site or Services.
3. Information Submitted Through the Site or Services
The information you submit to and through the Site or Services is governed by the Company's Privacy Policy, which is linked above. You represent and warrant that the information you provide in connection with your use of the Site or Services is true, accurate, and complete and will remain so for all incidents of use. You agree that if any information that you provide becomes false, inaccurate, obsolete or incomplete, the Company may terminate your access to and use of the Site or Services.
4. Registration: User Names and Passwords
You may be required to register with the Company in order to
access certain areas of certain of our Sites or Services. Your
user name and password are for your personal use only. You are
responsible for maintaining the confidentiality of any password
you may use to access such Site or Services and agree not to
transfer your password or user name, or otherwise transfer your
use of or access to the Site or Services, to any third party.
You are fully responsible for all interaction with the Site or
Services that occurs in connection with your password or user
name. You agree to notify the Company immediately of any
unauthorized use of your password or user name or any other
breach of security related to your account or such Site or
Services, and to ensure that you log off
/exit from your
account with the Site or Services (if applicable) at the end of
each session. The Company is not liable for any loss or damage
arising from your failure to comply with any of the foregoing
obligations.
5. Proprietary Rights
The information, logos, images and materials available through the Sites or Services, are the property of the Company and are protected by copyright and other intellectual property rights and laws. You may not use, copy, print, display, reproduce, publish, license, post, transmit, modify, distribute, or create derivative works of, the Site, Services or information or images posted thereon, without the express prior written authorization of the Company.
6. Disclaimer of Warranties
THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SITE OR SERVICES, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7. Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, ANY PRODUCTS AND SERVICES AVAILABLE THROUGH A SITE, ANY PRODUCT, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE A SITE OR FROM ANY PRODUCT AND/OR OTHER CONTENT POSTED ON THE SITE BY THE COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY TO ACCESS AND USE A SITE.
NOTHING IN THIS SECTION 7 SHALL LIMIT THE COMPANY‘S LIABILITY TO YOU FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAWS.
8. Links
SOME OF THE LINKS ON THE SITE OR SERVICES WILL LET YOU LEAVE THE SITE OR SERVICES. THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF THE COMPANY AND THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE. THE COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE COMPANY OF ANY LINKED WEBSITES. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
9. Conduct
While using the Site or Services you will comply with all applicable laws and regulations. In addition, the Company expects users of our Site and Services to respect other users. Your use of the Site and/or Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to a Site. You agree that you will not post, transmit, or otherwise make available, through or in connection with any Site:
Anything that is (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
Any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letter”, “pyramid scheme” or investment opportunity, or any other form of solicitation.
Use the Site or Services for any fraudulent or unlawful purpose.
Harvest or collect personally identifiable information about other users of the Site or Services.
Impersonate any person or entity, including a representative of the Company; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that the Company endorses any statement you make.
Interfere with or disrupt the operation of a Site or Services or the servers or networks used to make the Site or Services available.
Restrict or inhibit any other person from using the Site or Services (including by hacking any portion of the Site or Services).
Use the Site or Services to advertise or offer to sell or buy any goods or services without the Company's express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Site or Services (including any content, product, service and other materials available through any Site).
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or Services, except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
Remove any proprietary rights notice, including copyright or trademark notices, from the Site or Services or content provided on the Site or Services.
10. Reviews and Comments
Users of the Site or Services may make statements, in the form or reviews or other comments, concerning the Site or Services or content thereon. The Company and its employees, officers, directors, shareholders, or agents, are not responsible for any opinions or statements made by third parties. The Company and its employees, officers, directors, shareholders, or agents are not responsible for any information or materials made available through such statements. Under no circumstances will the Company and its employees, officers, directors, shareholders, or agents, be liable for any loss or damage caused by any party‘s reliance on such statements.
11. Statements and Information Provided by You
By posting or transmitting content, including reviews and statements, to the Company (each, a “Submission”), you acknowledge that such Submission is yours and yours alone, is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to the Company a perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, right and license to use, reproduce, adapt, publish, and display (whether publicly or otherwise), transmit and distribute such Submission.
The Company reserves the right to alter, remove, or refuse to post any Submission and disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate any Site; to protect the Company and its employees, officers, directors, shareholders, or agents, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
12. Rules for Promotions
Any promotions (collectively, “Promotions”) made available through the Site or Services may be governed by rules that are separate from these Terms. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.
13. Additional App Terms of Use
The mobile application or “app”, included herein by use of the term “Services”, may include features and functionality in addition to that found on the Site, including: voice and email messages notifications sent to users‘ mobile devices to notify users as to order status, collection of order data, and tracking of information involving orders and user preferences. You hereby consent to the delivery of notifications due to your use of the Services. All collection of data is pursuant to our Privacy Policy, linked above.
14. Termination
The Company may terminate your access to the Site or Services if the Company believes that you have violated these Terms.
15. Governing Law and Forum
You agree to the non-exclusive jurisdiction of the State of Illinois, or an appropriate federal court located in Chicago, Illinois for any action or claim arising out of or related to these Terms, without regard to applicable conflict of law provisions. The United Nations Convention on the International Sale of Goods is specifically excluded from these Terms.
16. Indemnification
You agree to defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a regulatory organization, state or federal securities agency or commission, (collectively, an “Action”) against Company and its employees, officers, directors, shareholders, or agents (each, an “Indemnitee”) to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, content, or other materials provided or made available by you, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms; (3) your unlawful and/or unauthorized use of, or activities in connection with this Site, including the information, content, services, and/or products provided on the Site; and (4) any Submission provided by you to the Site or Services. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys' fees incurred in defending and/or resolving such Action. The foregoing indemnities shall survive expiration or termination of these Terms.
17. Claims of Copyright Infringement
If you believe in good faith that materials on the Site or Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the Digital Millennium Copyright Act. Notices and counter notices with respect to the forum should be sent to the Company at:
By Mail:
[4912 S Main St, Lisle, IL - 60532]
By Email: [support@mealvillage.com]
18. Miscellaneous
These Terms and any Additional Terms contain the entire agreement between you and the Company with respect to the Site and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site or Services. Any failure to enforce any provision of these Terms or such Additional Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such Additional Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such Additional Terms and will not affect the validity and enforceability of any remaining provision.
19 Notices
Notices to the Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to:
[4912 S Main St, Lisle, IL - 60532]
Notices to you may be made via posting to the Site or Services, by e-mail, or by regular mail, in the Company's discretion.
