Terms of Use
WELCOME TO THE MEAL MENTOR COOKING SERVICES DIRECTORY. We hope you find to useful. By accessing our servers, website, directory, or content (together, “MMD”) you certify you are at least 18 years of age and agree to these Terms of Use (“TOU”), last updated May 28, 2017.
LICENSE. If you are 18 years or age or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access MMD in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from MMD, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree not to collect users' personal and/or contact information and share it with others.
MODERATION. You agree we may moderate MMD access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules, are incorporated herein.
ASSUMPTION OF RISK. You acknowledge responsibility and expressly assume and and all risks that may arise out of using MMD. You understand that cooking, shopping, and meeting strangers off the internet comes with inherent risks and that you may be exposed to risks including, but not limited to, personal injury, property damage, and theft.
RELEASE OF LIABILITY. You agree to waive, discharge claims, and release from liability Happy Herbivore Inc. (d.b.a. Meal Mentor), MMD, and all employees and contractors thereof from any and all liability on account of, or in any way resulting from, injuries and damages sustained, in any way connected with use and/or the MMD. You further agree to hold harmless Happy Herbivore Inc. (d.b.a. Meal Mentor), MMD, and all employees and contractors from any claims, damages, injuries or losses caused by your own negligence while cooking, shopping, during member-to-member interaction, or anything else connected with use and/or the MMD. You further acknowledge, agree, and understand that this assumption of risk and release is binding upon your heirs, executors, administrators and assigns, and includes any minors or guests accompanying you during any activity connected with the MMD. You also agree to take full responsibility of the guests or minors.
SALES. You have the right to negotiate the price for services rendered. We suggest a retail price of $8 per serving (USD), excluding delivery cost, but including the cost of ingredients; tax is additional.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to MMD, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and MMD is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your MMD use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("MMD ENTITIES"), CONTRACTORS DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) MMD ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100.
CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your MMD use is governed by California ("CA") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Los Angeles, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed within 90 days after it arose or be forever barred; (5) not to bring or take part in a class action against MMD Entities; (6) (except government agencies) to indemnify MMD Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your MMD use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate).
MISC. Users complying with prior written licenses may access MMD thereby until authorization or their account is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See Privacy Policy for how we collect, use and share data.