Terms & Conditions
PLEASE READ AND REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR THE SERVICES OFFERED ON THAT SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE OR THE SERVICES OFFERED ON THAT SITE.
This Agreement (the “Agreement”) is between Meal Delivery Reviewer (the “Company”), the owner and operator of www.mealdeliveryreviewer.com (the “Site”) and the provider of the Services offered on the Site (the “Services”) and you (“you,” “your,” or “user(s)”), a user of the Site and Services. This Agreement governs your use of the Company’s Site and Services.
By using or accessing our Site or using any of our Services, you acknowledge and agree to these terms and conditions and agree to be bound by this Agreement. We may amend our terms and conditions from time to time. If you do not agree to these terms and conditions please stop using our Site and Services immediately. Visitors to our Site and users of our Services must be 13 years or older. If you are under the age of 18 please have a parent or guarding supervise you while using our Site or any of our Services.
The Site offers ratings and reviews of all meal delivery providers grading each company through our proprietary scoring system, which takes into account consumer feedback to provide actual customer opinions and reviews of each meal delivery provider (collectively, the “Ratings”).
2. Consent to Receive Emails From the Company.
By using the Site, you consent to receive emails from the Company or any of its affiliates that may include emails which are related to the Services offered on the Site or emails for other commercial purposes. You will be given the option of not receiving emails from the Company that are unrelated to the Services or Site.
3. Copyright and Limited License.
Unless otherwise indicated, the Site and all content and other materials on the Site, including, but not limited to, the Company’s logos, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of the Company or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these terms and conditions and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials; (b) the collection and use of any professional listings, pictures, profiles, ratings, or descriptions; (c) the distribution, public performance, or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Material, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose.
Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
4. Repeat Infringer Policy.
Under the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, subscribers or account holders who are deemed to be repeat infringers of copyright and other applicable laws. The Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
At a minimum, any DMCA removal request is required to include at least the following things:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- The exact URL or web address where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law.
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes liability for any damages sustained by the Company and any attorney’s fees incurred as a result.
5. Copyright Complaints.
If you believe that any material on the Site infringes upon any copyright, which you own or control, you may file a notification of such infringement with our staff as set forth below.
Email address of designated agent:
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
The Company, the Company’s logo, and any other product or service name or slogan contained in the Site are trademarks of the Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Meal Delivery Reviewer” or any other name, trademark, or product or service name of the Company without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray the Company, any of its products and services, or any professional or professional services entity in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of the Company to link to the Site without the express written permission of the Company. Further, you may not use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without the Company’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the Company or any third party.
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such websites are not under the control of the Company and it is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes, or updates to such website. The Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Company of any website or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.
8. Information on the Site.
Company does not select, screen, approve, endorse or limit who can post information or reviews including, but not limited to, information and reviews regarding identify theft protection companies (collectively, “Information”). In addition, although we reserve the right to review, remove or edit any content from the Site, we do not routinely screen, monitor, or review the content of any such Information. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency, or quality of any such Information or the qualifications of those posting Information. THE COMPANY WILL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON INFORMATION IS SOLELY AT YOUR OWN RISK.
9. Additional Disclaimers and Acknowledgements Regarding Your Use of Site Information.
THE SITE, THE SITE MATERIALS (INCLUDING ANY INFORMATION) AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
While the Company endeavors to provide and to allow others to provide useful Information on our Site, you acknowledge that such Information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such Information, that the Information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Site Materials, such as the Company’s Ratings or Information), and that information on the Site may be outdated or contain errors, omissions, or misinterpretations of information.
The Company’s Ratings reflect the Company’s assessment of a given meal delivery service, based upon the information obtained by or submitted to Company; someone else’s assessment of the same company may be different or based upon different information. Neither the Company’s Ratings, nor any of the other information contained on the Site, are an endorsement of this information. You should independently verify the accuracy of any information you obtain on the Site before using it, and you should obtain independent references for any company you are considering hiring. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any company you contract with.
THE COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION COMPANY INFORMATION. WHILE THE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any service providers or organizations, educational institutions, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
10. Limitation of Liability.
IN NO EVENT WILL THE COMPANY OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, MEDICAL OUTCOMES, THE OUTCOME OF LEGAL MATTERS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSSES, OR INJURIES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, WILL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.
11. Third Party Content on the Site.
As discussed, the Company or users may provide links to websites and content of third parties as a service to those interested in such links and content, and the Company may post third party content or allow users to post their content or third party content to the Site including, without limitation, Information (such content is collectively referred to as “Third Party Content”). The Company does not monitor or have any control over any Third Party Content or third party websites. The Company does not endorse or adopt any Third Party Content or third party websites and can make no guarantee as to its accuracy or completeness. The Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party websites. Users use these links, Third Party Content and third party websites at their own risk.
12. Third Party Services on the Site.
The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services”), including, without limitation, information related to professional services. The Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, the Company makes no guarantee, representation, or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such Third-Party Services or the results obtained therefrom, and the Company assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and the Company is not responsible or liable for any Third-Party Services.
13. Advertisements and Promotions.
The Company may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Company, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. The Company is not responsible or liable for any losses or damages of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Site.
14. Submission to the Company or the Site.
You acknowledge and agree that any materials, including, but not limited to, questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to the Company, or any postings on the Site, are non-confidential and will become the sole property of the Company. The Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15. Posted Content and Other Interactive Services or Areas.
The Site includes areas in which users may post content and information, including, without limitation, reviews, messages, questions and answers, guides, comments, data, text, photos, graphics or other materials (the “User Content”). You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:
- User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including, without limitation, any recommendation, endorsement, rating, or review of any company with whom you have not had direct, personal experience in a professional context or as a client of such company;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations, including, without limitation, any advertisements for professional services, professional service providers, or professional referral services;
- Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, spyware, malware, corrupted data or other harmful, disruptive, or destructive files;
- Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
- User Content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.
The Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Site terms and conditions are solely at the Company’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
As a provider of interactive services, the Company is not liable for any statements, representations, responses, comments or other User Content provided by its users in any review, rating, forum, question, answer, or guide. The Company has no obligation to screen, edit or monitor any of the User Content posted in any interactive Area. However, the Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the interactive areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the Site.
If you post User Content to the Site, unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant the Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that: (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site’ terms and conditions and will not violate any rights of or cause injury to any person or entity.
17. Termination of Use.
Notwithstanding any of these terms and conditions, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.
You agree to defend, indemnify and hold harmless the Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective officers, directors, managers, members, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including, without limitation, any actual or threatened suit, demand, or claim arising out of or relating to the User Content, your conduct, your violation of these Site terms and conditions or your violation of the rights of any third party.
19. Law Enforcement.
You agree that we may disclose your personal or confidential information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your personal or confidential information if we reasonably believe that you have violated a US law or the terms of this Agreement or if we believe that a third party is at risk of bodily harm or death.
In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your personal or confidential information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any law of the United States or any other country having jurisdiction over us, our Site, or Services.
You release us from any damages that may arise from or relate to the release of your personal or confidential information to a request from law enforcement agencies or private litigants. We may release your personal or confidential information under the conditions listed in this section of the Agreement whether it is to individuals or entities and to any state or federal authorities within the United States, or elsewhere.
20. Commercial and Non-Commercial Communications.
21. Security Measures.
22. Age Compliance.
We intend to fully comply with COPPA and international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 13. If you are under 13 and using our Site or Services, please stop immediately and do not submit any information to us. You must be 18 years of age or older to purchase any products from our Site and Services.
23. International Transfer of Data.
Your information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. We may transfer your personal information to the United States or elsewhere and process it there. If your consent to this Agreement is followed by your submission of such information through our Site, that submission represents your agreement to that transfer and to this section of the Agreement.
24. Force Majeure.
You agree that we are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, the Company will have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion, with or without notice to you.
28. Amendments of this Agreement.
The Company may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and may contact you by email to notify you of these changes. You may refuse to agree to any amendment to this Agreement, but if you do, you must immediately cease using our Site and Services. It is solely your responsibility to review any changes to this Agreement as they are made from time to time.
29. California Users and Residents Consumer Rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about The Company must be addressed to our agent for notice and sent via certified mail to: Agent of The Company, 2550 E. Rose Garden Lane #73434, Phoenix, Arizona 85050.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
30. California Privacy Rights.
The Company permits residents of the State of California to use its Services, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Agreement address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at: firstname.lastname@example.org with questions.
31. Search Engine Ranking.
32. Choice of Law.
The laws of Arizona govern this Agreement and it will be interpreted, enforced and governed by Arizona law regardless of any conflict of law principle. You agree that the offer and acceptance of this Agreement is deemed to have occurred in Arizona.
33. Forum of Any Dispute.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Phoenix, Arizona. If you bring a dispute in a manner other than in accordance with this section of the Agreement, you agree that the Company may move to have it dismissed, and that you will be responsible for paying our reasonable attorneys’ fees, court costs, expenses, and disbursements in doing so. You also agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, expenses and disbursements.