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Terms of Use


Last Updated: March 3, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Overview

Welcome! Zlavor Inc. (“Zlavor”, “we”, “us” and terms of similar meaning), doing business as MindfulMeal.com (hereafter, "Mindful Meal") is a subscription service that provides to you - subject to these terms and conditions of use (these “Terms”) - access to recipes, dietary preferences, meal plans, grocery lists and other content ("Content") on this web site (in these terms we call this website and any successor websites, the “Site”) and the products and services (individually and collectively, the “Services”) found at this Site. If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. Please read these Terms carefully before using the Site. By accessing or using the Site or by merely browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.

Use Of The Site

In order to utilize the Site Services you will be asked to create an account (“Account”) by providing certain personal information such as your name, email address, physical address and major credit card number. (This Site’s Privacy Policy explains how such information may be collected and used). Mindful Meal offers a number of Services on the Site. When you enroll to obtain a Service from Mindful Meal on the Site, you accept the specific terms of use applicable to that Service. Your use of any such Service offered on the Site is governed by the terms and conditions in the terms of use for that Service as well as these Terms. Except as provided in that specific terms of use, Mindful Meal does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, or error-free.

You may not use the Site in any manner that: (i) imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (ii) introduces a virus or other harmful component to the Site; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Site or (vi) results in the harvesting of any information concerning other users of this Site.

Mindful Meal reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at support@mindfulmeal.com.

The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

This site does not provide any medical or dietary advice

Mindful Meal does not (I) guarantee the accuracy, completeness, or usefulness of any nutritional information in the food database; or (II) adopt, endorse, or accept responsibility for the accuracy or reliability of any such nutritional information. Under no circumstances will Mindful Meal be responsible for any loss or damage resulting from your reliance on nutritional information, and for ensuring that whatever foods you and members of your household purchase, prepare and consume are in accordance with your respective dietary needs and restrictions.

The Content, including the recipes and all related information and commentary made available through the Services is for informational purposes only and is not intended to be (and does not constitute) dietary advice or recommendations and no advice or information, whether oral or written, obtained from Mindful Meal or through the Services will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services.

The Content is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider.

You, and not Mindful Meal, are solely responsible for the proper and safe washing, preparation, storage, and cooking of the meals. We have made every effort to display as accurately as possible the foods provided as part of the services. By using the Service, you acknowledge that you have been notified of all foods provided and that your purchase is made with the knowledge of how such foods may affect any food allergies.

Mindful Meal will not be liable for any injury, illness, or health issues resulting from the consumption of ingredients to which you or a member of your household is allergic.

Privacy Policy

This is a United States web site and is subject to United States law. Please refer to Mindful Meal’s privacy policy, available at http://MindfulMeal.com/home/Privacy(the “Privacy Policy”) for information on how Mindful Meal collects, uses and discloses personally identifiable information from its users. By using the Site you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

Registration Data; Account Security

The Site is available to persons who are 18 years and older, who have properly registered and who have not been suspended or removed by Mindful Meal for any reason (an “Account Holder”).

Account Holders agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Mindful Meal, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Mindful Meal. You are responsible for all activity on your Mindful Meal account, and for all charges incurred by your Mindful Meal account. Accounts are void where prohibited by law. Mindful Meal reserves the right to revoke or prohibit your account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms or the Privacy Policy.

Subscription and Payment Terms

A. Subscriptions

We offer different subscription plans for our Services. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Service. You may edit your Payment Method information by visiting our website and clicking on the "Account Settings" link, available at the top of the pages of the Mindful Meal website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

By starting your subscription and providing or designating a Payment Method, you authorize us to charge you a subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Mindful Meal service to your Payment Method. You acknowledge that the amount billed each billing period may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.

We will bill the subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with Mindful Meal including next billing date and next billing amount by visiting our website and clicking on the "Account Settings" link. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.

B. Billing Cycle

The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each billing period thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each billing period on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled. Your renewal date may change due to changes in your Subscription. Visit our website and click on "Account Settings" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

C. CONTINUOUS SUBSCRIPTIONS

YOUR SUBSCRIPTION MAY AUTOMATICALLY RENEW UNDER THIS AGREEMENT. YOUR SUBSCRIPTION WILL CONTINUE FOR THE LENGTH OF THE INITIAL TERM YOU SELECT ON YOUR PLAN AND AT THE END OF YOUR PREPAID SUBSCRIPTION, IT WILL AUTOMATICALLY RENEW FOR ADDITIONAL PREPAID PERIODS OF THE SAME LENGTH UNLESS YOU CHOOSE TO CANCEL PRIOR TO THAT RENEWAL. IN ORDER TO CANCEL YOUR SUBSCRIPTION, YOU MUST GO TO THE "ACCOUNT SETTINGS" PAGE ON OUR WEBSITE AND FOLLOW THE INSTRUCTIONS FOR CANCELLATION. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR ACCOUNT WILL AUTOMATICALLY CLOSE AT THE END OF YOUR CURRENT BILLING PERIOD. TO SEE WHEN YOUR ACCOUNT WILL CLOSE, GO TO THE "ACCOUNT SETTINGS" PAGE.

D. Free Trials

Your Mindful Meal subscription may start with a free trial. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Mindful Meal reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including subscription price and end date of your free trial period, visit our website and go to the "Account Settings” page.

E. Refunds

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

F. Cancellation

You may cancel your Mindful Meal subscription at any time, and you will continue to have access to the Mindful Meal service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "Account Settings" page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, go to the "Account Settings" page on our website. If you signed up for Mindful Meal using your account with a third party as a Payment Method, and wish to cancel your Mindful Meal subscription at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Mindful Meal service through that third party. You may also find billing information about your Mindful Meal subscription by visiting your account with the applicable third party.

Services

The Services, and any Content viewed through our service, are for your personal and non-commercial use only. While you have a Mindful Meal Account, we grant you a limited, non-exclusive, non-transferable, license to access the Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Services for public or commercial use.

You may view the Content through the Services primarily within the country in which you have established your account and only in geographic locations where we offer our Services and have licensed such content. The content that may be available may vary by geographic location. Mindful Meal will use technologies to verify your geographic location.

We continually update the Services, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of content, delivery and pricing. We reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

The availability of content will change from time to time, and from country to country. The quality of the Services may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Mindful Meal makes no representations or warranties about the quality of your experience with the Services.

Ownership, Copyright And Trademarks

In these Terms the content on the Site and Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”. For example, data about its Customers that a Subscriber provides to the Site is User Content of that Subscriber, data about its accounts that a Customer provides to the Site is User Content of that Customer, and Content that a User enters into the Mindful Meal forum or enters as a comment on the Mindful Meal blog is User Content of the User.

User Content is that User’s property.

Mindful Meal is made available through agreements with certain businesses or companies (“Firm”). Certain Firms have entered into agreements with Mindful Meal that allow you to enter into your User Agreement and to access and use the Mindful Meal Site. Firms may assert ownership interests in materials posted with Mindful Meal, and may require that Mindful Meal enter into agreements that restrict your ability to access information generated while you are with that Firm, after you terminate your employment or other association with the Firm. Mindful Meal will enforce these agreements as directed by the Firm, solely as a ministerial function and does not make decisions as to the actual ownership of the User Content. Please consult with your Firm on any restrictions that you may have that restricts your access to User Content upon your termination with the Firm.

Other than the User Content, the Site, the Services, all Content and all software available on the Site or used to create and operate the Site is the property of Mindful Meal or its licensors, and is protected by US and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mindful Meal.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of Mindful Meal without the prior written consent of Mindful Meal. You may not use any metatags or any other “hidden text” utilizing our name, trademarks, service marks, or trade names without the prior written consent of Mindful Meal. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of Mindful Meal. Any unauthorized use terminates any license or permission granted by Mindful Meal. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Site.

All Mindful Meal trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Site are the sole and exclusive property of Mindful Meal. You may not copy or use any of Mindful Meal’s marks or any marks confusingly similar to Mindful Meal’s marks without the prior written consent of Mindful Meal, nor may you use Mindful Meal’s marks in any manner that discredits or disparages Mindful Meal. All other trademarks not owned by Mindful Meal that appear on the Site are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Mindful Meal.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to other people. You represent and warrant that you have all necessary rights to the User Content and that User’s use and/or display of the User Content will not violate any third party intellectual property right. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.

Your Limited License Of Your User Content To Mindful Meal

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site, and provide the services provided by the Site, now and in the future. For example, if you leave comments on the Mindful Meal blog or posts on the Mindful Meal forum, we need your license to display that User Content on the Site and in Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content. If you are a Subscriber and enter activity data in relation to a Customer and configure your account to display activity data to your Customers, we need your license to that User Content to use it in the operation of the Site, and we need the right to sublicense that User Content to your Customers for that purpose.

Therefore, by posting or distributing User Content to or through the Site or Services, you (a) grant Mindful Meal and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such User Content, and to use and disclose such User Content to third parties to assist us in analyzing, providing and improving the Site and the Services that we offer; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Site; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site, as described in these Terms.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site does this to your User Content when it processes it for use in the Site.

When your Mindful Meal account is terminated, your User Content will shortly thereafter not appear on the Site, except for User Content submitted to our forum or comments on our blog, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

Our Limited License Of Content To You

Mindful Meal grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Site or the Content other than for its intended purpose; and (vi) you agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation, those features that prevent or restrict the use or copying of any Content).

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. The license in this Section is revocable by Mindful Meal at any time.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

To request permission for uses of Content not included in this license, you may contact Mindful Meal at the address set out at the bottom of these Terms.

Use Of Interactive Areas And The Site

The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site (“Interactive Areas”). If Mindful Meal provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Site will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  • Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use, or such information is publicly available;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  • Content that, in the sole judgment of Mindful Meal, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Mindful Meal or its affiliates or its users to any harm or liability of any type.

Finally, Mindful Meal has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

Providing A Reliable And Secure Service

If you have spent any time reviewing the Site, we hope that you will have noticed that we take reliability and security seriously. We put considerable effort into attempting to ensure that our service operates all the time and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment.

To safeguard your information, Mindful Meal uses restrictive firewalls to protect stored data and uses a minimum of 128 bit SSL certificates to encrypt data transferred between you and the Site.

However, no system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use Mindful Meal, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.

Links To Other Sites

The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. Third-Party Sites include payment processors and other payment intermediaries that you may use in connection with your use of the Site. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Mindful Meal does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Mindful Meal provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Mindful Meal’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Mindful Meal accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Advertisements And Promotions

Mindful Meal may run advertisements and promotions from third parties on the Site and through the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Mindful Meal, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Mindful Meal is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site or through the Services.

Warranty Disclaimer

The site, the content and the services provided by the site are provided to you on an “as is” basis without warranties from Mindful Meal of any kind, either express or implied. Mindful Meal expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Mindful Meal does not represent or warrant that site, services or content are accurate, uninterrupted, free of viruses or other harmful components, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the services or the content or any portion thereof.

Limitation Of Liability

IN NO EVENT SHALL MINDFUL MEAL BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE SITE OR ANY SITE SERVICES.

IN NO EVENT SHALL MINDFUL MEAL, ITS VENDORS OR ANY OTHER ENTITY AFFILIATED WITH MINDFUL MEAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, OR LOSS OF USE) ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE, ANY SITE SERVICE, OR ANY INFORMATION CONTAINED WITHIN THE SITE OR STORED OR MAINTAINED BY MINDFUL MEAL. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MINDFUL MEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF MINDFUL MEAL IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE TOTAL LIABILITY OF MINDFUL MEAL, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, OR AFFILIATES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR ANY SITE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO MINDFUL MEAL IN CONNECTION WITH THE APPLICABLE EVENT, OR PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MINDFUL MEAL, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, OR AFFILIATES, HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF MINDFUL MEAL.

Indemnity

You shall defend, indemnify and hold harmless Mindful Meal, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or their partners, and any of their successors or assigns, and any of their respective officers, directors, agents or employees (the “Indemnified Parties”) from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of or relating to: (A) your or your Customer’s use of the Site, the Services or the Content; an (B) any alleged breach of these Terms by you.

Communications

We may contact you by telephone, electronic message/SMS or email to process your subscription, for account servicing or collections, to tell you about products and services and for other business purposes.

Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to Subscribers and Customers in the dashboard area of your account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.

Subject to the Privacy Policy, if you send to Mindful Meal or post on the Site in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Mindful Meal can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.

International Use

We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable and agree to indemnify Mindful Meal and the other Indemnified Parties for your failure to comply with any such laws.

Policy For Making Claims Of Copyright Infringement

If you believe that any content has been posted on the Site in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work(s) claimed to have been infringed;
  • A description of the material on the Site that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  • For Mindful Meal’s designated Copyright Agent for notice of claims of copyright infringement contact via email at support@mindfulmeal.com

Applicable Law And Venue

The Site is controlled by Zlavor Inc., a Delaware Corporation. You and Mindful Meal both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Mindful Meal explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site (“Claims”) will be governed by the laws of the State of Delaware and the federal laws of the United States of America applicable therein. You also agree to the exclusive jurisdiction and venue of the federal and state courts for the judicial district in which Delaware is located for purposes of any legal proceeding relating to any Claim. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Mindful Meal will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms.

Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Mindful Meal may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Mindful Meal, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Mindful Meal regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Mindful Meal regarding your use of the Site. Mindful Meal in its sole discretion may amend this Terms, and your use of the Site and Services after such amendment is posted on the Site will constitute acceptance of it by you. If any term in these Terms is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these Terms are for convenience only and must not be given any legal import.

This Site may contain typographical errors or inaccuracies and may not be complete or current. On the Site some products may appear larger or smaller than their actual size. Mindful Meal therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

This Site may contain typographical errors or inaccuracies and may not be complete or current. On the Site some products may appear larger or smaller than their actual size. Mindful Meal therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

Questions And Comments

If you have any questions regarding these Terms or your use of the Site, please contact us here:

Mindful Meal
PO Box 394
West Sacramento CA 95691
support@mindfulmeal.com
Copyright © 2017, Zlavor Inc. (d.b.a Mindful Meal)
All rights reserved.